Download Promoting Regional Environmental Sustainability

Promoting Regional Environmental
Sustainability and Human Rights:
Role of Regional Human Rights
Mechanism
Dr. Seree Nonthasoot
The Representative of Thailand to the
ASEAN Intergovernmental Commission on Human Rights
May 2015
ASEAN, AICHR & UNGP
• States as primary duty
bearers to ‘protect’ human
rights and provide ‘remedy’ to
human rights violations
• Generally, regional
mechanism like the AICHR
serves as a nexus between
states, businesses & CSOs in
the relevant region
Dr. Seree Nonthasoot (AICHR Thailand) May 2015
• In ASEAN, the AICHR is an
essential regional component/
player in providing a platform
to address/redress regional
issues, particularly those that
are transboundary such as
intraregional investment,
migration and environment
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Relevant Regional Instruments/
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ASEAN Agreement on Transboundary Haze Pollution
ASEAN PEATLAND MANAGEMENT INITIATIVE (APMI) 2006-2020
The ASEAN Framework for Equitable Economic Development (2011)
ASEAN Human Rights Declaration (2012)
28. Every person has the right to an adequate standard of living for himself or herself and his
or her family including:
e. The right to safe drinking water and sanitation;
f. The right to a safe, clean and sustainable environment.
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. . . .
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.
Dr. Seree Nonthasoot (AICHR Thailand) May 2015
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AICHR Thematic Study on CSR: Recommendations for ASEAN
1. The immediate priority for AMS was to accelerate and
strengthen the implementation and enforcement of
the existing rules and regulations that dealt directly
with adverse impacts of business conducts;
2. AMS governments needed to take leadership in
encouraging and enabling businesses to implement and
embed CSR values throughout their organizations. The
next step was for AICHR/ASEAN to identify a
body/organization to take a coordinating role, taking
into account the recently established ACN;
3. ASEAN needed to develop a CSR strategy for the
grouping. This would be an expansion of the objectives
of the ASEAN Community 2015 Blueprint and would
bring the various aspects of CSR under one heading;
4. More effort was needed to socialise not only CSR, but
also its linkages with human rights, amongst the private
sectors and the wider public;
Dr. Seree Nonthasoot (AICHR Thailand) May 2015
5. ASEAN and AMS needed to develop an
ASEAN-wide CSR-Human Rights Guideline
that was in line with the internationally
accepted business and human rights
principles;
6. There was strong potential for the current
discussion on CSR and human rights within
the AICHR, and the ASEAN region, to be
broadened to include other stakeholders;
7. Greater attention must be paid to SMEs in
the current discourse on CSR, as well as the
wider business, and human rights linkages;
8. A further study should be undertaken in 2 to
3 years to measure progress in AMS and
recommend further steps.
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AICHR Workshop on Human Rights, Environment & Climate Change
1.
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5.
A Paradigm Shift
New tools for impact assessment
Adoption of indicators to promote sustainability
Integration of the human rights-based approach
[The human rights-based approach] will engender a
human rights discourse that fosters legitimacy and
accountability of relevant policies and projects and
lead to a better ‘environmental governance’. The
utilisation of the human rights-based approach is
particularly pertinent to ASEAN which is buttressed by
the three communities; it will enhance the policymaking process of each community and help ASEAN to
be a real people-centred organisation.
Bridging the gaps [human gaps/ policy gaps/
resource gaps]
Dr. Seree Nonthasoot (AICHR Thailand) May 2015
6. The AICHR as a key driver for change
In its capacity as the human rights body created
by the ASEAN Charter, the AICHR has a key role
to play in adopting concrete actions to
implement some if not all of the above
recommendations. Most fundamentally, the
AICHR as the focal institution on human rights
for the region can raise awareness on the
linkages between human rights, environment
and climate change and the importance of the
human rights-based approach that should be
mainstreamed among the three ASEAN
communities. It is recommended that the first
practical step is for the AICHR to establish a
regional plan of action that outlines relevant
policies and measures that will concretise and
operationalise the above measures. This plan of
action can serve as a basis or focus for the next
follow-up activity to this Workshop.
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Kuala Lumpur Declaration on a People-Oriented, People-Centred ASEAN
26th ASEAN Summit in Kuala Lumpur, Malaysia, on 27 April 2015
WE HEREBY AGREE TO: Continue establishing a people-oriented, people-centred and rules-based
ASEAN Community where all people, stakeholders and sectors of society can contribute to and enjoy
the benefits from a more integrated and connected Community encompassing enhanced
cooperation in the political-security, economic and socio-cultural pillars for sustainable,
equitable and inclusive development.
Political-Security
Continue to promote the principles of democracy, rule of law and good governance, social justice, as
well as to promote and protect human rights and respect for fundamental freedoms; Encourage the
ASEAN Inter-Governmental Commission on Human Rights and other Sectoral Bodies related to
human rights to continue to have meaningful and constructive engagement with relevant stakeholders,
including accredited civil society organisations, in the promotion and protection of human rights and
fundamental freedoms, in accordance with the ASEAN Human Rights Declaration;
Dr. Seree Nonthasoot (AICHR Thailand) May 2015
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Kuala Lumpur Declaration on a People-Oriented, People-Centred ASEAN
26th ASEAN Summit in Kuala Lumpur, Malaysia, on 27 April 2015
Economic
Promote an integrated, stable, prosperous and highly cohesive regional economy which encompasses
all sectors of society, as well as encourage the participation of women, the elderly and youth in building
a competitive, innovative and dynamic ASEAN; . . .
Integrate the elements of health, climate change, environment, sustainable utilisation and management
of natural resources, proactive disaster risk reduction and management strategies, and harmonious
socio-cultural diversity in promoting connectivity, higher productivity, sustaining economic development
and building resilience in the region;
Dr. Seree Nonthasoot (AICHR Thailand) May 2015
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Kuala Lumpur Declaration on a People-Oriented, People-Centred ASEAN
26th ASEAN Summit in Kuala Lumpur, Malaysia, on 27 April 2015
Socio-Cultural
Ensure our people's access to clean water, clean air, basic healthcare and other social services so that
they may lead healthy and productive lives and thereby contribute to the ASEAN Community; . . .
Promote sustainable cities in ASEAN with emphasis on robust economic activities, a safe and healthy
living environment and eco-friendly and sustainable urban infrastructure;
Promote regional resilience by addressing socio-cultural and socio-economic issues that may result
from climate change and other environmental impacts, including transboundary environmental
pollution, as contained in the ASEAN Charter and the ASEAN Socio-Cultural Community Blueprint,
through the full and effective implementation of related ASEAN agreements;
Dr. Seree Nonthasoot (AICHR Thailand) May 2015
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Way Forward & Challenges
1. Incorporation/mainstreaming of human rights into Community vision/ attendant
documents/ work plans of Community organs & sectoral bodies
2. Assessment & prevention of negative impacts of integration, especially on groups
with specific needs such as women, children, migrant workers & persons with
disabilities
3. Addressing the gaps in the protect, respect & remedy framework in extraterritorial
situations caused by intraregional business operations (through Extraterritorial
obligations framework underpinned by the Maastricht Principles)
4. Development of regional guidelines/ plans of actions/ ‘ASEAN Guiding
Principles for Business & Human Rights’ (or Business, the Environment &
Human Rights)
5. Alignment/Complementarity between NAPs and existing national human rights
plan of action (Thailand/ Indonesia/ Philippines, etc.)
6. Closer cooperation among regional and national stakeholders, especially key
drivers on business, environment and human rights issues
Dr. Seree Nonthasoot (AICHR Thailand) May 2015
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