Joint Statement:
ASEAN must uphold human rights in responding to the COVID-19 pandemic
(Bangkok/Jakarta,
20 March 2020) – The Asian Forum for Human Rights and Development,
together with the Solidarity for ASEAN Peoples’ Advocacy and the
undersigned organisations, are gravely concerned with the lack of a
human rights focus in the current response to the ongoing COVID-19
pandemic by the Association of Southeast Asian Nations (ASEAN) Members
States.
We
call upon ASEAN Member States to place human rights and dignity as the
core principles in addressing the pandemic, specifically by ensuring
that any public health measures are taken in alignment with
international human rights law and standards to ensure accountability
and transparency in the handling of the situation.
It
is alarming that many ASEAN Member States have yet to adopt a clear
communications strategy to inform the public on the situation, three
months after the COVID-19 outbreak. We have observed with a measure of
alarm that ASEAN countries such as Indonesia, Myanmar, Laos, and the
Philippines, have delayed or limit the release of information to
preserve their image.
Myanmar,
Thailand, and Singapore are actively use repressive laws such as
national anti-fake news laws to pursue misinformation, although this
ultimately failed to quell public fear or doubt. This high-handed
approach risks public health and welfare, particularly for those with
limited access to information and education. It mutes peoples’ legitimate expressions of doubt and query on the actual situation in their country and inspires more speculation and misinformation on the COVID-19 situation in-country.
In
Indonesia, President Joko Widodo initially encouraged international and
local travel by providing incentives for local tourism,[1] while
later admitting that the Government intentionally hid information
related to the areas that are contacted with COVID-19 amidst fear of
public uproar.[2]
This lack of transparency from the Indonesia’s Health Ministry and its Government is also documented in the Philippines.[3] Both
the Governments of Singapore and Myanmar have expressed the intention
to impose their anti-fake news provisions in their laws to control the
information. In Thailand, amidst public concern over the actual number of confirmed COVID-19 cases, the authorities implied that presenting false information online related to COVID-19 could fall under the offense of the Computer Crime Act.[4] More
worryingly, no cases have yet to be reported from Laos and Myanmar,
raising serious concerns about lack of testing or reporting, and
consequent lack of pandemic preparedness.
As
several countries including Singapore, Malaysia, Thailand, Philippines,
and Indonesia have tightened border controls and imposed forms of
lock-downs, we are increasingly concerned that Governments may use
excessive force, militarization, or other abuses of power in
implementing these measures. This becomes particularly concerning as
uniformed forces are deployed without adequate training and due
oversight when implementing these heightened control measures and the
fact that most of ASEAN member states have authoritarian or
partial-democracy governments.
For
example, in the Philippines on 15 March 2020, on the first day of the
quarantine in Metro Manila, several individuals reported corruption and
intimidation by the police.[5] The
expansion of quarantine to an ‘enhanced community quarantine’ level
throughout Luzon, also poses concern as access to transportation, food
security, and essential healthcare facilities will be heavily
restricted. Meanwhile, the Government of Indonesia deployed its
National Intelligence Agency to help monitor the situation, instead of
relying on medical experts. Without an independent body to conduct
monitoring and coordination of and among governmental bodies, potential
violations and abuses of human rights including the right to access to
healthcare, right to freedom of movement, right to personal security,
right to privacy, and right to non-penalisation for lack of
documentation, is high.
We
are further concerned with the lack of preparedness and the inadequacy
of healthcare systems and facilities in the region to address the
COVID-19 situation.
Despite
Governments’ insistence that their health protocols have met the World
Health Organisation standards, sufficient access to testing and
treatment as well as protection equipment are often only available in
major hospitals in major cities in the region, without realistic
solutions provided for the rest. This situation threatens healthcare
and social workers, who are at the frontline of the battle, as they are
left vulnerable with a high risk of contamination due to the lack of
protection protocols and safety equipment.[6]
We
would also like to highlight how the pandemic response further
reinforces existing inequalities faced by vulnerable populations,
particularly informal workers, migrant workers, as well as rural,
elderly, indigenous, LGBTIQ, people with disabilities and refugee
communities. Refugees and other underground populations face unique
vulnerabilities linked to risks posed by engaging authorities.
Mitigating these risks will be critical to stemming COVID-19 spread.
Meanwhile, women and girls are experiencing challenges as the burden to
conduct unpaid care work for their family members, especially the sick,
increases. Further, incidents of domestic and intimate partner violence
can likely increase during strict quarantines while services and
facilities that aim at addressing domestic and gender-based violence are
disrupted due to COVID-19 response procedure.
About
70% ASEAN’s workforce come from the informal sector, including
part-time informal workers, and workers in the 'gig' economy. Many are
daily wage earners and/or coming from marginalised communities.
These
workers will have their livelihood severely affected from pandemic response measures.[7] States must provide a social protection net that mitigates the impact on all of those affected by the COVID-19 pandemic without exception and without discrimination. They should also implement measures such as the
universal work from home and covered-leave policy, as well as
contingency and compensation during the quarantine.
We condemn businesses that still demand staff to report physically to work despite known risks or by imposing unpaid leave for several months.
We would like to reiterate the importance of human rights and dignity as core principles in combating this global pandemic.[8] We noted with disappointment that these principles are not underscored in the commitment of ASEAN health sectors to further
review and assess the enhanced cooperation in regional preparedness,
response strategies, and countermeasures by utilising the ASEAN Plus
Three Health Cooperation[9]. It
is further disappointing to see that the disparate display of measures
by the individual ASEAN Member States showed the lack of a coherent and
coordinated ASEAN approach in managing the impact of the pandemic to the
region.
We demand ASEAN Member States to:
- Respect human rights, fundamental freedoms, and human dignity as well as to abide with international human rights standards and principles when implementing measures to address the COVID-19 pandemic;
- Provide
free and high quality tests, treatment, and care to all people affected
by the pandemic, including marginalized groups and undocumented
populations;
- Provide temporary and safe shelter during enforced quarantines for the homeless and other vulnerable communities;
- Facilitate
regular and transparent access to accurate, timely, and comprehensive
information to the public regarding the disease, including the risk of
transmission, prevention, and governmental efforts to address the
situation;
- Ensure
that all employers, including public institutions and private companies
and businesses, provide adequate compensation to all employees affected
by the pandemic;
- Generate a timely response accessible to all people, including those who have limited access to healthcare facilities;
- Provide
holistic measures, through law, policy, and practice, to uphold and
ensure workers' and migrant workers’ rights, welfare, safety, and
security, regardless of legal status, in response to the COVID-19
threat;
- Encourage all national human rights institutions to monitor the human rights impact their State’s measures together with civil society;
- Ensure
that full access to social and protection mechanisms, including access
to justice for women and girls must not cease at this time of
quarantine.
Endorsed by:
2. Alliance of Independent Journalists (AJI), Indonesia
3. ALTSEAN Burma
4. ASEAN Services Employees Trade Union Council (ASETUC)
5. ASEAN SOGIE Caucus
6. ASEAN Youth Forum
7. Asia Indigenous Peoples Pact (AIPP)
8. Asia Pacific Forum on Women, Law, and Development (APWLD)
9. Asia Pacific Refugee Rights Network (APRRN)
10. Asian Forum for Human Rights and Development (FORUM-ASIA)
11. Asian Resource Foundation (ARF), Thailand
12. Asylum Access, Malaysia
13. Balay Alternative Legal Advocates for Development in Mindanaw (Balaod Mindanaw), the Philippines
14. Cambodian Human Rights and Development Association (ADHOC), Cambodia
15. Child Rights Coalition (CRC) Asia
16. Dakila – Philippine Collective for Modern Heroism, the Philippines
17. Global Alliance Against Trafficking in Women (GAATW)
18. Human Rights Working Group, Indonesia
19. In Defense of Human Rights and Dignity Movement (iDEFEND), the Philippines
20. Indonesian Legal Aid and Human Rights Association (PBHI), Indonesia
21. Indonesian Legal Aid Foundation (YLBHI), Indonesia
22. Karapatan Alliance Philippines (Karapatan), the Philippines
23. MARUAH, Singapore
24. Philippine Alliance of Human Rights Advocates (PAHRA), the Philippines
25. Progressive Voice, Myanmar
26. Pusat KOMAS, Malaysia
27. Pusat Kesedaran Komuniti Selangor (EMPOWER), Malaysia
28. Strengthening Human Rights and Peace Research and Education in ASEAN/Southeast Asia (SHAPE-SEA)
29. Suara Rakyat Malaysia (SUARAM), Malaysia
30. Task Force Detainees of the Philippines (TFDP), the Philippines
31. Task Force on ASEAN Migrant Workers (TFAMW), Singapore
32. The Commission for the Disappeared and Victims of Violence (KontraS), Indonesia
33. The Institute for Policy Research and Advocacy (ELSAM), Indonesia
34. Think Centre, Singapore
35. Women’s League of Burma (WLB), Myanmar
36. Yayasan Sekretariat Anak Merdeka (SAMIN), Indonesia
[2] https://nasional.kompas.
[3] https://www.aljazeera.com/
[4] https://www.
[6] https://www.
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