P: +61 7 3346 645• E: [email protected] AUGUST 2017 • ISSUE 41

SPOTLIGHT ON R2P High Level Advisory Panel on the Responsibility to Protect Public Seminars in Southeast Asian Capitals

Overview The HLAP Report crimes against humanity, the four In its Report on Mainstreaming the In the context of ASEAN member crimes covered by R2P. Dr. Surin Responsibility to Protect in South- states’ commitment to establish Pitsuwan, Chair of the HLAP and for- east Asia, the High-Level Advisory a peaceful, just, democratic, peo- mer Secretary-General of ASEAN, Panel on R2P in Southeast Asia ple-centred and caring community, stresses that the principle is not an (HLAP)1 sets forth the importance the HLAP Report’s primary purpose alien concept or contrary to ASEAN for ASEAN member states to imple- is to underscore the importance of norms. Anchored in existing inter- ment the Responsibility to Protect mainstreaming the R2P principle national law, it is not in conflict with in their effort to building a commu- in the region. On their pathway to- but instead complements traditional nity of caring societies. Since the wards this vision, R2P can con- norms of sovereignty and non-inter- Report’s presentation at the UN in tribute to promoting shared values ference, as it recognizes the primary September 2013, a series of public related to the protection of human responsibility of governments within seminars have taken place in vari- lives, adopting measures to end states. It is in symbiosis with ASEAN ous capitals in the region to promote human suffering, and in building in- values, its institutional mechanisms, awareness of the principle and im- stitutions to protect human beings and already a fundamental aspect plement the Report’s recommen- from violence and from genocide, of its mandate. As an analytical tool, dations in their individual contexts. war crimes, ethnic cleansing and R2P can further make the existing

1 The Panel consists of a small group of eminent persons. It is chaired by Dr. , who served as Secretary-General of ASEAN from 2008 until 2013, as well as Minister of Foreign Affairs in (1997-2001) and Deputy Minister of Foreign Affairs (1995-1997). Other members of the Panel are Hung Nguyen Duy, who has served as the Representative of Vietnam in the ASEAN Inter-Governmental Commission for Human Rights, Dr. Makarim Wibisono, who was Executive Director of the ASEAN Foundation from 2011-2013, Marina Mahathir, a prominent social activist and leader in many NGOs, such as the Malaysian AIDS Foundation, and Dr. Alberto Romulo, who served as Chairman of ASEAN in 2007 during his term as Foreign Secretary of the Philippines

AP R2P / Building 39A / School of Political Science and International Studies / The University of Queensland / St Lucia Brisbane QLD 4072 Australia P1 mechanisms more effective, such • Promotion of young leaders’ di- Post. Dr. Pranee Thiparat, Assistant as carrying out the human protection alogue on atrocity prevention in Professor at the Department of Inter- mandates of the ASEAN Internation- the region. national Relations, Faculty of Politi- al Governmental Commission on cal Science, Chulalongkorn Univer- Human Rights (AICHR), the ASEAN Contextualizing R2P sity and Thailand country program Commission on the Promotion of The question of how the Report’s coordinator of the Centre, chaired Protection of Women and Children recommendations can be operation- the seminar. Dr. Noel M. Morada, (ACWC), and the ASEAN Institute alized in the national and regional the Centre’s Director for Regional for Peace and Reconciliation (AIPR). contexts is at the heart of the series Diplomacy, delivered the welcome remarks on behalf of the Centre. However, R2P needs to be contex- of public seminars that conducted tualized and properly understood in the region since the Report was In his presentation, Dr. Surin stated through dialogue, building public launched in the UN in New York in that in the context of Thailand, R2P awareness and deeper knowledge, September 2014. . The series was may be applied if small conflicts — and engaging various stakeholders organized by the Asia Pacific Cen- particularly ethnic or identity-based at the national and regional levels in tre for the Responsibility with the — are not resolved and escalate order to promote and implement the support of local institutional partners into crises. He added that R2P also principle. The Report therefore con- in Southeast Asia. It serves the pur- speaks to the issue of extending hu- tains a set of recommendations that pose of continuing the promotion of man rights protection for refugees could contribute to advancing the prin- public awareness and regional diplo- who are non-citizens in the country. ciple in the Southeast Asian context: macy by bringing together relevant stakeholders and fostering dialogue At a national level the norm has At the regional level: on the question of how the norm rarely been discussed, while the concept is in line with human rights • The importance of early warn- can be implemented. In what ways protection. Although Thailand has no ing mechanisms to develop and can the individual ASEAN member objection to the concept, it has not strength the capacity of ASEAN states contribute to advancing the been active in promoting the norm for atrocity prevention and man- norm and building capacities on the at home. Among the salient points agement; regional and national levels to pre- vent atrocities? What role can vari- raised by the discussants were: • Regional consultations and ex- ous local actors play in raising pub- • The need to have a better un- change of knowledge and infor- lic awareness and create a shared derstanding of the concept and mation; understanding of the norm among respond to certain misconcep- • Incorporation of atrocity preven- stakeholders, but also civil society? tions about it (e.g., that R2P is tion in the agenda of ASEAN; , 30 October 2014 all about military intervention); • Support of the work of civil soci- The first public seminar on the • The continuing tension within ety groups in the region in pro- HLAP Report was organized in co- ASEAN on promoting human moting human rights protection operation with the Department of rights protection, specifically and advancing the principles of International Relations, Faculty of between member states that atrocities prevention. Political Science at Chulalongkorn adhere to universal values and those that believe in diversity of At the national level: University in Bangkok on 30 October 2014. The seminar was conducted values. Accordingly, even the • Signing, ratification, and imple- in Thai and was attended by some concept of human security was mentation of relevant treaties, 70 participants from academe, gov- not fully adopted within ASEAN. conventions and international ernment, civil society, media, and • In the context of Thailand, R2P is law by ASEAN member states; officials from the military and police, important in that it is about pro- • Support of national dialogues on Ministry of Foreign Affairs and Min- tection of all people, including atrocity prevention by engaging istry of Justice. Discussants were the protection of human rights of relevant stakeholders; Dr. Amara Pongsapich, chairperson those who are non-citizens. of the National Commission of Hu- • Coordination of national efforts • A change in the mindset of those man Rights in Thailand, Dr. Srip- by appointing a national focal working in the security sector is rapah Petcharamesree, Institute of point therefore necessary in order to Human Rights and Peace Studies, implement the principle in the Partnership with the UN: Mahidol University and first Thai country especially in protecting Representative to AICHR, Dr. Janji- • Strengthening of regular dia- refugees and other non-Thai na- ra Sombatpoonsiri, from the Facul- logues between ASEAN and the tionals. UN, including training and ex- ty of Political Science, Thammasat change of best practices; University, and Ms. Achara Ashay- • R2P can also be advanced agachat, a journalist from Bangkok through its inclusion in Thai-

AP R2P / Building 39A / School of Political Science and International Studies / The University of Queensland / St Lucia Brisbane QLD 4072 Australia P2 land’s education curriculum Report, specifically in identifying tive Director of CICP, gave their wel- even as the issue of its origin (or judicial and non-judicial options come remarks during the seminar. its inherently not being a Thai in dealing with past atrocity idea) should not matter. It should crimes, but also contemporary in fact be incorporated into both crimes in the region relevant to The seminar was a significant fol- educational institutions and the R2P that should be addressed, low-up activity after the R2P at 10 media that play a significant role including the protection of mi- Conference that was held in Phnom in raising public awareness of grant workers and children, Penh on 26 and 27 February 2015, R2P. stateless children and slavery. featuring members of the HLAP in These issues are continually be- its second plenary session. The con- Jakarta, 27 January 2015 ing ignored in the region but are ference was attended by 51 invited On 27 January 2015, the Centre, clearly linked to crimes against speakers and over 200 delegates in- in cooperation with Human Rights humanity. cluding UN and governmental lead- ers, R2P Focal Points, diplomats and Working Group (HRWG)-Indonesia • The role of the ASEAN Commis- officials from the Asia Pacific region, and the Embassy of The Nether- sion on the Promotion and Pro- R2P experts, and representatives of lands, organized the second public tection of Women and Children civil society. Key points drawn from seminar on the HLAP Report at the (ACWC), specifically in the con- the session were the endorsement Erasmus Huis in Jakarta. Some 50 text of prevention of sexual vio- of R2P by the UN and its conformity participants from various sectors at- lence in the region should also with ASEAN values. tended the seminar, which was con- be included in a future Report. ducted in Bahasa Indonesia. Retired At the HLAP seminar, Ambassador • It is important to impart the Lt. General Agus Widjojo and Ms. Pou recalled the commitment ex- HLAP Report’s values and rec- Roichatul Aswidah of the Indonesian pressed by Prime Minister Hun Sen ommendations to the younger Human Rights commission (Kom- to R2P at the conference in Febru- generation of Indonesians and nas-HAM) served as discussants in ary. He added that has a to incorporate the principle into the seminar. significant role to play in mass atroc- government policies, specifically ities prevention, given the country’s In his presentation, Ambassador to prevent atrocities against in- past experience under the Khmer Dr. Makarim Wibisono, member of digenous peoples and minority Rouge. Specifically, Cambodia can the HLAP and currently UN Special religious groups in the country. Rapporteur on Occupied Palestine, take the lead in organizing a region- highlighted the key messages of the • International treaties should be al dialogue on atrocity prevention HLAP Report. Among the key points signed and ratified without res- and in launching a regional network made in the subsequent discussion ervations (Indonesia was active of R2P focal points among ASEAN were suggestions by the partici- in the deliberations on the cre- members. Ambassador Burrows un- pants on what the next HLAP Report ation of the ICC but thus far has derscored Australia’s commitment should focus on. Some of the signif- not signed and ratified the Rome to promoting R2P in the Asia Pacific icant points raised were as follows: Treaty). region and in Cambodia in particular. • Given the differences in the vi- Phnom Penh, 12 August In his keynote speech, Dr. Surin sion and action of states on R2P, 2015 Pitsuwan argued that R2P can be the HLAP Report should ad- viewed from an Asian perspective dress the international respon- In partnership with the Cambodia where the principle is considered as sibility aspect of R2P, including Institute for Cooperation and Peace “part of the new concept of human the challenges and capacity (CICP), the Centre hosted the next security”. It deals with the security constraints of states in the re- public HLAP seminar in Phnom of individuals at the grassroots level gion, as well as the issue of sov- Penh, Cambodia on 12 August rather than at the state level, can be ereignty and intervention. 2015. The seminar was attended linked to R2P as the latter empha- by over 50 local participants, includ- sizes the primary responsibility of • In mainstreaming R2P in the re- ing ambassadors from China, Ja- states to protect their populations gion, the HLAP Report should pan, and Germany, representatives from atrocity crimes. also address the boundaries of from ASEAN member states, senior and the criteria for mainstream- Cambodian government officials, Some of the relevant issues dis- ing the norm, particularly the ap- representatives from the academe, cussed in the forum included: propriate measures in respond- civil society groups, and the media. • The consistency of applying ing to mass atrocities situation, Dr. Noel M. Morada, H.E. Alison Bur- R2P: Dr. Surin stated that al- including military response. rows, Ambassador of Australia to the though the influence of nation- • The issue of accountability Royal Kingdom of Cambodia, and al interests by Security Council should be included in a follow-up Ambassador Pou Sothirak, Execu- members on decisions poses

AP R2P / Building 39A / School of Political Science and International Studies / The University of Queensland / St Lucia Brisbane QLD 4072 Australia P3 a major challenge, one would islation, greater involvement of the non-state actors in pursuit of hope that R2P will in the long Malaysian civil society and enhanc- their ideology against a partic- run be strengthened by “its own ing their capacities through funding ular group or innocent civilians. logic and necessity for the in- and training for atrocity prevention. • Dr. Surin also stressed the im- ternational community.” In an In the subsequent seminar, Aus- portance to focus on the youth increasingly interconnected tralia’s High Commissioner to Ma- sector. The challenges to imple- world, many issues “need to be laysia, HE Rod Smith, pointed out menting R2P in ASEAN, which negotiated on a scale that goes that respect for human rights lies at primarily stem from grappling beyond the nation state”. the foundation of atrocity prevention with an unfamiliar concept, • The importance to recognize and states’ responsibility to protect. could be addressed through that regional organizations like He said that ASEAN is a “unique- education by conducting sem- ASEAN have a greater respon- ly placed organization to provide inars to build awareness and sibility for issues in their own deeper contextual understanding engagement. region because they are the of the region and to identify entry Dr. Morada conveyed the Centre’s ones directly affected. Exist- points for prevention of atrocities”. desire to continue the engagement ing structures and instruments The following issues were with stakeholders in on were not created because the raised in the seminar: R2P and atrocity prevention. This UN said so but because peo- could be realized with the estab- ple have become increasingly • Comparisons between ASEAN lishment of a country program aware of the need to have re- and the African Union (AU) in on R2P in Malaysia through a gional mechanisms to respond their implementation of R2P, partnership with ISIS-Malaysia. to regional problems and to ef- pointing out that Article 4(h) of fectively promote mass atroci- the African Union’s Constitu- , 7 November 2016 ties prevention. tive Act recognizes its role in preventing and responding to On 7 November 2016, the fifth pub- Kuala Lumpur, 15 March atrocity crimes, giving the AU lic seminar on the HLAP Report was 2016 the mandate to intervene in any organized together with the Rajarat- member state even without the nam School of International Studies The fourth public seminar in 2016 latter’s consent if atrocities are (RSIS) at the Nanyang Technolog- took place in Kuala Lumpur, Malay- taking place. ical University in Singapore. It was sia on 15 March 2016 and was or- integrated into the inaugural meet- ganized in collaboration with the In- • A change in the attitude to- ing of the Asia Pacific Partnership stitute of Strategic and International wards the R2P concept: Dr. for Atrocity Prevention (APPAP), Studies (ISIS Malaysia). It was com- Surin pointed out that ASEAN an alliance of organizations aiming bined with a workshop on the R2P is a small group of states that to facilitate coherent action for the and the UN Framework of Analysis are quite diverse and protective prevention of atrocity crimes and for Atrocities: A Tool for Prevention of their diversity through the tra- the protection of vulnerable com- crimes. Dr. Surin Pitsuwan, was the ditional norm of sovereignty. It munities. Among the speakers of keynote speaker in the seminar, will therefore take time before the HLAP seminar were Ambassa- which was attended by members of ASEAN as a group could mo- dor , former ASEAN government agencies, academia, bilize around such an interna- Secretary General and Ambassa- think tanks, civil society organiza- tional principle. However, in its dor-at-Large at the Singapore Min- tions and special interest groups. own way, ASEAN engages in istry of Foreign Affairs, non-resident and can exert pressure on its Dr. Noel M. Morada conducted the High Commissioner to members with regard to human workshop in which he introduced and non-resident Ambassador to protection issues in the region. R2P and the UN Framework of alongside opening comments Analysis. In the Malaysian context, • The application of R2P in the by the Australian High Commis- the participants then identified the region: Dr. Morada explained sioner to Singapore, Mr Philip risk factors no. 3 (weakness of state that while the scope of R2P is Green. Dr. Surin Pitsuwan was structures), 9 (intergroup tensions limited to the four crimes, it is the guest of honour and speaker. or patterns of discrimination against important to be aware of the risk Among the important issues raised protected groups), and 14 (serious factors and triggers. Natural di- in the seminar were the following: threats to humanitarian or peace- sasters, such as Cyclone Nar- keeping operations in reference gis in Myanmar in 2008, could • For other ASEAN member to war crimes). Drawing from their be a trigger for atrocities, mak- states to seriously consider findings, the participants worked out ing humanitarian assistance appointing their respective na- a list of recommendations, which also part of the responsibility. tional focal points, following included the appointment of a na- On the issue of terrorism, vio- the example of Cambodia who tional focal point, the ratification of lent extremism also falls within already appointed its national relevant treaties and conventions the scope of R2P to the extent focal point in the person of Am- and integration into domestic leg- that atrocities are committed by bassador Pou Sothirak

AP R2P / Building 39A / School of Political Science and International Studies / The University of Queensland / St Lucia Brisbane QLD 4072 Australia P4 • For ASEAN to consider main- with ASEAN values and internation- streaming the principle of R2P al law, to incorporate it in ASEAN’s into the work of the ASEAN In- existing institutions and mecha- ter-Governmental Commission nisms as well as national policies. on Human Rights and other ex- By enhancing their own capacities isting mechanisms through the utilization of the R2P Dr Noel Morada principle as an effective analytical • For the member states of ASE- tool, ASEAN member states are not AN to give priority attention to Regional Director APR2P only able to respond more effective- addressing the root causes of ly to human protection issues, but internal conflicts in the region, also to anticipate and prevent future especially in the case of Myan- mass atrocities from happening. mar’s ethnic minorities and the ongoing crisis in Rakhine. It is important to respond to the plight of the stateless people who self-identify as Rohingya who face social discrimination and continually fall victim to hu- man trafficking, and are vulner- able to the influence of radical extremists. Conclusion In its efforts to build a community Ms Mareen Brosinsky of caring societies, it is important for ASEAN to mainstream the R2P APR2P Intern principle as it does not only comple- ment ASEAN norms and values, but also constitute the member states’ commitment to address human pro- tection issues and prevent mass atrocities such as what happened in Cambodia from happening again in the region. The HLAP Report offers useful recommendations to fulfil both this responsibility and vision. The recommendations are being contextualized through continuing dialogue and public dissemination in the region. Based on the responses and issues raised by participants in ASIA PACIFIC CENTRE FOR the various seminars, it is clear that THE RESPONSIBILITY TO there is growing interest amongst PROTECT stakeholders in the R2P principle Building 39A and in thinking about how it can be School of Political Science applied in their respective socie- & International Studies tal contexts. As the findings of the The University of Queensland, seminars differ in their focus based St Lucia Brisbane QLD 4072 on the specific local issues and pri- orities, it illustrates the added val- P +61 7 3346 6435 ue of operationalizing the Report’s E: [email protected] W: www.r2pasiapacific.org recommendations in each domes- tic context. At the same time, one should recognize that there is still reluctance by some stakeholder to fully embrace R2P as a principle. It demonstrates even more the need to continue regional dialogue in order to establish a shared understanding of the principle and its conformity

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