FACT CHECK | Lacson’s claim that the Philippines can make a stance on ASEAN human rights violations lacks context

April 4, 2022 , 06:23 PM

By Mikee Garcia

(April 4, 2022) – During the second edition of the Commission on Elections (Comelec)-sponsored presidential debate, Senator Panfilo “Ping” Lacson said the Philippines should be the first country in the Association of Southeast Asian Nations (ASEAN) to condemn Myanmar’s disregard for human rights.

CLAIM:

When the presidential candidates were asked what their position would be on the human rights violations in some countries in the ASEAN region, Senator Lacson pointed out that the Philippines is a member of the United Nations (UN) and therefore adopts the Universal Declaration of Human Rights (UDHR).

“Bilang pangulo, kung walang mangunguna, dapat manguna tayo sa ASEAN countries para kundenahin ang represyon na nangyayari sa bansang Myanmar,“ Lacson said.

RATING: LACKS CONTEXT

FACTS:

The Philippines is among the original founders of the ASEAN in 1967. Although it has a human rights mechanism, adopted in later years, the bloc also has a sacrosanct principle of non-interference in domestic affairs.

ASEAN members are discouraged from meddling in one another’s domestic affairs. This guiding principle is meant to promote state autonomy and internal stability, and in turn, a states’ independent resolution of any instability.

The principle of non-interference is also reinforced in the 1976 Treaty of Amity and Cooperation in Southeast Asia (TAC).

Article 2 of the TAC states, “In their relations with one another, the High Contracting Parties shall be guided by the following fundamental principles: (b) The right of every State to lead its national existence free from external interference, subversion or coercion; and (c) Non-interference in the internal affairs of one another.”

The principle of non-interference is also mentioned in Article 11 of the TAC:

“The High Contracting Parties shall endeavor to strengthen their respective national resilience in their political, economic, socio-cultural as well as security fields in conformity with their respective ideals and aspirations, free from external interference as well as internal subversive activities in order to preserve their respective national identities.”

But in light of globalization and putting greater emphasis on upholding human rights in recent years, ASEAN member states have now developed a collective approach in addressing regional issues.

The ASEAN way of reaching a decision on a member state is by consultation and consensus wherein all members must be for regional cooperation and in agreement with these shared values.

In the past, the late Blas Ople, who was the country’s foreign secretary blasted Myanmar generals in one of the ministerial meetings in Cambodia, calling on the military junta to free Myanmar opposition leader Daw Aung San Suu Kyi.

The Philippines can only release an official statement regarding the domestic affairs of another ASEAN country if all member states agree to the stance they choose as a region.

WHY THIS MATTERS:

If the Philippines condemns another ASEAN country for disregarding human rights on its own, it would violate the regional body’s principle of non-interference.

In an earlier question regarding the West Philippine Sea dispute, other candidates mentioned how the ASEAN principle of non-interference poses a significant challenge as it requires coming into a consensus when the different member states have personal interests with China.

Therefore an ASEAN majority vote was suggested to be a more favorable condition in making the principle of non-interference more flexible.

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(MM)

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