ASEAN HUMAN RIGHTS DECLARATION
WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as "ASEAN"), namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, on the occasion of the 21st ASEAN Summit in Phnom Penh, Cambodia.
REAFFIRMING our adherence to the purposes and principles of ASEAN as
enshrined in the ASEAN Charter, in particular the respect for and
promotion and protection of human rights and fundamental freedoms, as
well as the principles of democracy, the rule of law and good
governance;
REAFFIRMING FURTHER our commitment to the Universal Declaration of
Human Rights, the Charter of the United Nations, the Vienna Declaration
and Programme of Action, and other international human rights
instruments to which ASEAN Member States are parties;
REAFFIRMING ALSO the importance of ASEAN’s efforts in promoting human
rights, including the Declaration of the Advancement of Women in the
ASEAN Region and the Declaration on the Elimination of Violence against
Women in the ASEAN Region;
CONVINCED that this Declaration will help establish a framework for
human rights cooperation in the region and contribute to the ASEAN
community building process;
HEREBY DECLARE AS FOLLOWS:
GENERAL PRINCIPLES
1. All persons are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one
another in a spirit of humanity.
2. Every person is entitled to the rights and freedoms set forth
herein, without distinction of any kind, such as race, gender, age,
language, religion, political or other opinion, national or social
origin, economic status, birth, disability or other status.
3. Every person has the right of recognition everywhere as a person
before the law. Every person is equal before the law. Every person is
entitled without discrimination to equal protection of the law.
4. The rights of women, children, the elderly, persons with
disabilities, migrant workers, and vulnerable and marginalised groups
are an inalienable, integral and indivisible part of human rights and
fundamental freedoms.
5. Every person has the right to an effective and enforceable remedy,
to be determined by a court or other competent authorities, for acts
violating the rights granted to that person by the constitution or by
law.
6. The enjoyment of human rights and fundamental freedoms must be
balanced with the performance of corresponding duties as every person
has responsibilities to all other individuals, the community and the
society where one lives. It is ultimately the primary responsibility of
all ASEAN Member States to promote and protect all human rights and
fundamental freedoms.
7. All human rights are universal, indivisible, interdependent and
interrelated. All human rights and fundamental freedoms in this
Declaration must be treated in a fair and equal manner, on the same
footing and with the same emphasis. At the same time, the realisation of
human rights must be considered in the regional and national context
bearing in mind different political, economic, legal, social, cultural,
historical and religious backgrounds.
8. The human rights and fundamental freedoms of every person shall be
exercised with due regard to the human rights and fundamental freedoms
of others. The exercise of human rights and fundamental freedoms shall
be subject only to such limitations as are determined by law solely for
the purpose of securing due recognition for the human rights and
fundamental freedoms of others, and to meet the just requirements of
national security, public order, public health, public safety, public
morality, as well as the general welfare of the peoples in a democratic
society.
9. In the realisation of the human rights and freedoms contained in
this Declaration, the principles of impartiality, objectivity,
non-selectivity, non-discrimination, non-confrontation and avoidance of
double standards and politicisation, should always be upheld. The
process of such realisation shall take into account peoples’
participation, inclusivity and the need for accountability.
CIVIL AND POLITICAL RIGHTS
10. ASEAN Member States affirm all the civil and political rights in
the Universal Declaration of Human Rights. Specifically, ASEAN Member
States affirm the following rights and fundamental freedoms:
11. Every person has an inherent right to life which shall be
protected by law. No person shall be deprived of life save in accordance
with law.
12. Every person has the right to personal liberty and security. No
person shall be subject to arbitrary arrest, search, detention,
abduction or any other form of deprivation of liberty.
13. No person shall be held in servitude or slavery in any of its
forms, or be subject to human smuggling or trafficking in persons,
including for the purpose of trafficking in human organs.
14. No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.
15. Every person has the right to freedom of movement and residence
within the borders of each State. Every person has the right to leave
any country including his or her own, and to return to his or her
country.
16. Every person has the right to seek and receive asylum in another
State in accordance with the laws of such State and applicable
international agreements.
17. Every person has the right to own, use, dispose of and give that
person’s lawfully acquired possessions alone or in association with
others. No person shall be arbitrarily deprived of such property.
18. Every person has the right to a nationality as prescribed by law.
No person shall be arbitrarily deprived of such nationality nor denied
the right to change that nationality.
19. The family as the natural and fundamental unit of society is
entitled to protection by society and each ASEAN Member State. Men and
women of full age have the right to marry on the basis of their free and
full consent, to found a family and to dissolve a marriage, as
prescribed by law.
20. (1) Every person charged with a criminal offence shall be
presumed innocent until proved guilty according to law in a fair and
public trial, by a competent, independent and impartial tribunal, at
which the accused is guaranteed the right to defence.
(2) No person shall be held guilty of any criminal offence on
account of any act or omission which did not constitute a criminal
offence, under national or international law, at the time when it was
committed and no person shall suffer greater punishment for an offence
than was prescribed by law at the time it was committed.
(3) No person shall be liable to be tried or punished again for an
offence for which he or she has already been finally convicted or
acquitted in accordance with the law and penal procedure of each ASEAN
Member State.
21. Every person has the right to be free from arbitrary interference with his or her privacy, family, home or correspondence including personal data, or to attacks upon that person’s honour and reputation. Every person has the right to the protection of the law against such interference or attacks.
22. Every person has the right to freedom of thought, conscience and
religion. All forms of intolerance, discrimination and incitement of
hatred based on religion and beliefs shall be eliminated.
23. Every person has the right to freedom of opinion and expression,
including freedom to hold opinions without interference and to seek,
receive and impart information, whether orally, in writing or through
any other medium of that person’s choice.
24. Every person has the right to freedom of peaceful assembly.
25. (1) Every person who is a citizen of his or her country has the
right to participate in the government of his or her country, either
directly or indirectly through democratically elected representatives,
in accordance with national law.
(2) Every citizen has the right to vote in periodic and genuine
elections, which should be by universal and equal suffrage and by secret
ballot, guaranteeing the free expression of the will of the electors,
in accordance with national law.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
26. ASEAN Member States affirm all the economic, social and cultural
rights in the Universal Declaration of Human Rights. Specifically, ASEAN
Member States affirm the following:
27. (1) Every person has the right to work, to the free choice of
employment, to enjoy just, decent and favourable conditions of work and
to have access to assistance schemes for the unemployed.
(2) Every person has the right to form trade unions and join the
trade union of his or her choice for the protection of his or her
interests, in accordance with national laws and regulations.
(3) No child or any young person shall be subjected to economic and
social exploitation. Those who employ children and young people in work
harmful to their morals or health, dangerous to life, or likely to
hamper their normal development, including their education should be
punished by law. ASEAN Member States should also set age limits below
which the paid employment of child labour should be prohibited and
punished by law.
28. Every person has the right to an adequate standard of living for himself or herself and his or her family including:
a. The right to adequate and affordable food, freedom from hunger and access to safe and nutritious food;
b. The right to clothing;
c. The right to adequate and affordable housing;
d. The right to medical care and necessary social services;
e. The right to safe drinking water and sanitation;
f. The right to a safe, clean and sustainable environment.
29. (1) Every person has the right to the enjoyment of the highest
attainable standard of physical, mental and reproductive health, to
basic and affordable health-care services, and to have access to medical
facilities.
(2) The ASEAN Member States shall create a positive environment in
overcoming stigma, silence, denial and discrimination in the prevention,
treatment, care and support of people suffering from communicable
diseases, including HIV/AIDS.
30. (1) Every person shall have the right to social security,
including social insurance where available, which assists him or her to
secure the means for a dignified and decent existence.
(2) Special protection should be accorded to mothers during a
reasonable period as determined by national laws and regulations before
and after childbirth. During such period, working mothers should be
accorded paid leave or leave with adequate social security benefits.
(3) Motherhood and childhood are entitled to special care and
assistance. Every child, whether born in or out of wedlock, shall enjoy
the same social protection.
31. (1) Every person has the right to education.
(2) Primary education shall be compulsory and made available free to
all. Secondary education in its different forms shall be available and
accessible to all through every appropriate means. Technical and
vocational education shall be made generally available. Higher education
shall be equally accessible to all on the basis of merit.
(3) Education shall be directed to the full development of the human
personality and the sense of his or her dignity. Education shall
strengthen the respect for human rights and fundamental freedoms in
ASEAN Member States. Furthermore, education shall enable all persons to
participate effectively in their respective societies, promote
understanding, tolerance and friendship among all nations, racial and
religious groups, and enhance the activities of ASEAN for the
maintenance of peace.
32. Every person has the right, individually or in association with
others, to freely take part in cultural life, to enjoy the arts and the
benefits of scientific progress and its applications and to benefit from
the protection of the moral and material interests resulting from any
scientific, literary or appropriate artistic production of which one is
the author.
33. ASEAN Member States should take steps, individually and through
regional and international assistance and cooperation, especially
economic and technical, to the maximum of its available resources, with a
view to achieving progressively the full realisation of economic,
social and cultural rights recognised in this Declaration.
34. ASEAN Member States may determine the extent to which they would
guarantee the economic and social rights found in this Declaration to
non-nationals, with due regard to human rights and the organisation and
resources of their respective national economies.
RIGHT TO DEVELOPMENT
35. The right to development is an inalienable human right by virtue
of which every human person and the peoples of ASEAN are entitled to
participate in, contribute to, enjoy and benefit equitably and
sustainably from economic, social, cultural and political development.
The right to development should be fulfilled so as to meet equitably the
developmental and environmental needs of present and future
generations. While development facilitates and is necessary for the
enjoyment of all human rights, the lack of development may not be
invoked to justify the violations of internationally recognised human
rights.
36. ASEAN Member States should adopt meaningful people-oriented and
gender responsive development programmes aimed at poverty alleviation,
the creation of conditions including the protection and sustainability
of the environment for the peoples of ASEAN to enjoy all human rights
recognised in this Declaration on an equitable basis, and the
progressive narrowing of the development gap within ASEAN.
37. ASEAN Member States recognise that the implementation of the
right to development requires effective development policies at the
national level as well as equitable economic relations, international
cooperation and a favourable international economic environment. ASEAN
Member States should mainstream the multidimensional aspects of the
right to development into the relevant areas of ASEAN community building
and beyond, and shall work with the international community to promote
equitable and sustainable development, fair trade practices and
effective international cooperation.
RIGHT TO PEACE
38. Every person and the peoples of ASEAN have the right to enjoy
peace within an ASEAN framework of security and stability, neutrality
and freedom, such that the rights set forth in this Declaration can be
fully realised. To this end, ASEAN Member States should continue to
enhance friendship and cooperation in the furtherance of peace, harmony
and stability in the region.
COOPERATION IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS
39. ASEAN Member States share a common interest in and commitment to the
promotion and protection of human rights and fundamental freedoms which
shall be achieved through, inter alia, cooperation with one another as
well as with relevant national, regional and international
institutions/organisations, in accordance with the ASEAN Charter.
40. Nothing in this Declaration may be interpreted as implying for
any State, group or person any right to perform any act aimed at
undermining the purposes and principles of ASEAN, or at the destruction
of any of the rights and fundamental freedoms set forth in this
Declaration and international human rights instruments to which ASEAN
Member States are parties.
Adopted by the Heads of State/Government of ASEAN Member States at Phnom Penh, Cambodia, this Eighteenth Day of November in the Year Two Thousand and Twelve, in one single original copy in the English Language.
Source:- ASEAN Website - http://www.asean2012.mfa.gov.kh/?page=detail&menu1=0&menu2=328&article=328&lg=en
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