MANILA, Philippines - A group of civil society organizations have expressed disappointment over the "non-mention" of migrant labor issues in the Association of Southeast Asian Nations (Asean) Charter.

Asked to comment on the charter during ratification hearings by the Senate Committee on Foreign Relations on Thursday, the Solidarity for Asian Peoples' Advocacies (Sapa) Working Group and of the Philippine Working Group on Asean also pointed to a "limited reference" to gender and women's rights, internal conflicts, asylum seekers, and indigenous peoples.

"Missing elements (in the charter) include the non-mention of migrant labor which makes up a substantial portion of labor flows in the region," said Jenina Joy Chavez, who spoke on behalf of the working groups.

Download related SAPA Documents here
Read more

Sapa Working Group on Asean is composed of more than 100 civil organizations with national and regional organization members who work specifically on the Asean Charter building process.

"The Charter is a disappointment, falling short of what is needed to establish a 'people-centered,' 'people-empowered', or 'people-oriented' Asean," said Chavez.

"Considering how pervasive and critical these issues are in the region, a Charter that does not equip Asean to deal with them is regrettable," the human rights advocate said.

According to the group, another "regrettable" thing is that the article on human rights remains incomplete, with the terms still to be determined by the Asean Foreign Ministers Meeting, which she describes as "another political gathering."

It was also suspicious of the way that the Asean Charter building process was being done.

"The Charter drafting had been kept away from broad public access and scrutiny, making difficult any engagement in the process," Chavez said.

It was signed on November 20, 2007 during the 13th Leaders Summit in Singapore. However, the Charter was only made known to the public when a copy of its final draft adopted by the High Level Task Force on the drafting of the Asean Charter was leaked to the media on November 7.

Furthermore, the group said that the Charter reaffirms a "government-centric Asean," defining rules of engagement for members, and "institutionalizing age-old values of consensus and non-interference."

"However, even here it lacks clear mechanisms for dispute settlement, accountability and redress. While the bodies themselves are given mandate, the details are not to be found in the Charter, raising concerns that leaving them to the ministerial bodies and instruments of Asean would dilute such mandate," Chavez said.

The Charter primarily talks about a people-oriented Asean, and upholds consultation and consensus as the basic principles in decision-making.

"Yet the Charter does not provide clear mechanisms for transparency and participation, and does not recognize engagement and interaction with non-state actors and civil society," she added.

It was also pointed out that the Charter is "silent" about how Asean's operations can be subject to independent scrutiny.

Chavez said that "there is not a single mention of engagement with citizens and civil society (except in the context of the Asean Foundation), or the means by which citizens and civil society can access much less influence decisions and processes of the Asean."

Meanwhile, the Sapa Working Group on the Asean has not given any "categorical position" on whether or not to support the ratification of the said Charter.

However, Chavez said that they do wish that the Senate Committee on Foreign Relations would consider their critiques during their deliberations on the Charter.

Senator Miriam Defensor Santiago, head of the Senate Committee on Foreign Relations, held its first and last hearing on the issue on Thursday morning. Groups favoring and opposing the ratification of the charter presented their respective positions.

She expressed optimism that the Senate would be able to ratify the Asean charter before its summit in Bangkok on December. Only the Philippines, Thailand and Indonesia have yet to ratify the charter.

Out of the 10 member states, Brunei Darussalam, Cambodia, Laos, Myanmar, Malaysia, Singapore and Vietnam have already ratified the 52-page charter that officially transforms the Asean into a legal personality where countries can sue and be sued, and would make state parties comply with whatever agreements or decisions are made.

Majority Leader Francis N. Pangilinan, Senators Juan Ponce Enrile, Richard J. Gordon, Edgardo J. Angara and Panfilo M. Lacson said they would support the concurrence of the charter.

Senators Francis Joseph G. Escudero, Juan Miguel F. Zubiri and Manuel A. Roxas II have not stated their position, saying they have yet to read and study the document.

Minority Leader Aquilino Q. Pimentel, Jr. said that he had many questions to ask especially about the ruling junta's continued repression of Myanmar's peoples.- Kimberly Jane Tan, GMANews.TV

http://www.gmanews.tv/story/116932/Group-scores-Asean-charter-for-lack-of-migrant-labor-laws