1. Culture and Rights in
ASEAN
Yuyun Wahyuningrum, Senior Advisor on ASEAN
and Human Rights, based in Jakarta
E-mail: wahyuningrum@gmail.com

2. About ASEAN
Founding
Members
• Thailand
• Malaysia
• Indonesia
• Philippines
• Singapore
Population 575 million
Area 4.5 million square km.
Main religions Islam Buddhism Catholicism
Combined GDP USD $ 737 Billion
Trade USD $ 720 Billion
Home to great ethnic, cultural and religious
diversity
Additional
Members
• Brunei Darussalam
1984
• Viet Nam 1995
• Lao PDR 1997
• Myanmar 1997
• Cambodia 1999

3. Culture in the three
Communities
PoliticalSecurity
• Support the
inclusion of
cuture of
peace, which
include, inter
alia, respect for
diversity, promoti
on of tolerance
and
understanding of
faiths, religions
and cultures in
the university
(Para A.1.9)
Economic
• No mention
about culture but
diversity as it
puts :turning the
diversity that
characterizes the
region into
oppotunities for
business
complementation
making ASEAN a
more dynamic
and stronger
segment of the
global suply
chain” Para 3
SocioCultural
• The community shall
nurture talent and
promote interaction
among ASEAN
scholars, writers, arti
sts and media
practitioners to help
preserve an
dptomote ASEAN‟s
diverse, culture
heritage while
fostering regional
identity as well as
cultivating people‟s
awareness of
ASEAN” Para 5
AHRD
• 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.
Article 32

4. RIGHTS & CULTURE in the 2000
ASEAN Declaration On Cultural
Heritage
Para 3 - FOUNDATION FOR A REGIONAL ORDER
A Regional order is based on equal access to cultural opportunities, equal
participation in cultural creativity and decision-making, and deep respect for the
diversity of cultures and identities in ASEAN, without distinction as to
nationality, race, ethnicity, sex, language or religion;
Para 4 – REGIONAL VISIBILITY
Cultural creativity and diversity guarantee the ultimate viability of ASEAN
societies;
Para 5 – HUMAN DEVELOPMENT
Cultural rights and freedom are inherent in the human person who is the
main agent and consequently should be the principal beneficiary of, and
participate actively in the realization of these heritage, expressions and rights;
Para 6 – FORMATION OF REGIONAL IDENTITY
Cultural traditions are an effective means of bringing together ASEAN
peoples to recognize their regional identity;
Para 7 – TOOLS TO UNITE PEOPLE AROUND SOUTHEAST ASIA
Cultural rights draws sustained inspiration from the deep
historical, linguistic, and cultural unity and linkages among Southeast Asian
peoples

5. How ASEAN define Culture & Cultural
Rights?
ASEAN Declaration On
Cultural Heritage, 2000
“Culture” means the whole
complex of distinctive
spiritual, intellectual, emoti
onal and material features
that characterize a society
or social group. It includes
the arts and letters as well
as human modes of
life, value
systems, creativity, knowle
dge systems, traditions
and beliefs.
AHRD, 2012
Five human rights are generally
understood as cultural rights (article
32):
1. The right to education;
2. The right to participate in cultural
life;
3. The right to enjoy the benefits of
scientific progress and its
applications;
4. The right to benefit from the
protection of the moral and
material interests resulting from
any scientific, literary or artistic
production of which the person is
the author, and
5. The freedom for scientific

6. How Culture has been used to
frame rights in ASEAN?
As a limit to the realization of rights:
“…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” (Para 8 AHRD)
To signify the formation of regional identity/ challenge
universality
“…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.” (Para 7 AHRD)
“To promote human rights within the regional context, bearing in
mind national and regional particularities and mutual respect for
different historical, cultural and religious backgrounds, and
taking into account the balance between rights and
responsibilities” (Article 1.4 TOR AICHR)

7. How Culture has been used to
frame rights in ASEAN?
Inherent part of the human rights
“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”. Article 32
to decide who can come in/out – indigenous people/
ethnic minorities, refugees, Rohingya
To lightened the debate into the least common
denominator

8. Case Studies: Indonesia
Gender Equality Draft
Law – challenging Sharia
Aceh and other parts of
Indonesia
Sharia, punkrock, banning women
straddle on
motorbikes, no trousers
for women, female
circumcision, divorce, etc
Legal pluralism
Which groups got
marginalized?
Women
LGBTIQ
Indigenous people
Religious minority
Ethnic minority

9. Cultural rights remain the most acceptable topic
across different ideologies, political systems, interests
in ASEAN, but at the same time it offers some threats
especially when it comes to take different path from
the mainstreamed one.
The inclusion of cultural rights in AHRD should give a
concrete legal and policy framework as well as
mechanisms of monitoring and of possible
international cooperation and assistance in the area
of respecting, protecting, and fulfilling the right to
culture. Nevertheless, ASEAN rather use „culture‟ for
political purposes.
How culture link with two important institutions: the
power and the house of truth.
How universal it is the right to culture?