The Indigenous World 2025: Association of Southeast Asian Nations (ASEAN)

Written on 25 April 2025. Posted in Association of Southeast Asian Nations (ASEAN)

The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967 with the signing of the ASEAN Declaration (Bangkok Declaration) by its founding fathers, five of the now ten Member States: Indonesia, Malaysia, Philippines, Singapore, and Thailand. The other five Member States joined later: Brunei Darussalam on 7 January 1984, followed by Viet Nam on 28 July 1995, Lao PDR and Myanmar on 23 July 1997, and Cambodia on 30 April 1999. The roadmap was endorsed^[1] by ASEAN for Timor Leste to join^[2] to become its 11^th member. The ASEAN Secretariat Building is located in Jakarta, Indonesia. It serves as the headquarters for the ASEAN Secretariat.

The ASEAN Charter was adopted in November 2007 and came into force in December 2008. It is the legally binding agreement among Member States that provides ASEAN with a legal status and institutional framework.

ASEAN’s fundamental principles, more commonly known as the “ASEAN Way”, are founded on non-interference, respect for sovereignty and decision-making by consensus. Although lauded by the ASEAN Member States (AMS), this principle has been considered a major challenge in moving things forward, particularly within the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC).

Despite having around 100 million people identifying as Indigenous in Southeast Asia,^[3] the term Indigenous Peoples is a “sensitive” topic within the AMS. As such, issues involving Indigenous Peoples’ Human Rights Defenders (IPHRDs) rarely make it to the discussion table. However, the ASEAN Human Rights Dialogue has been initiated, inviting different stakeholders and fostering an openness among the AMS to discuss human rights issues in the region.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

6^th ASEAN Human Rights Dialogue

As part of its priority programme 2024, the AICHR convened the 6^th ASEAN Human Rights Dialogue^[4] on 5 November 2024. The dialogue was organized in the wake of the previous dialogues in 2013, 2014, 2021, 2022, and 2023 and the implementation of the ASEAN Leaders’ Declaration on The ASEAN Human Rights Dialogue^[5] that was adopted at the 43^rd ASEAN Summit in 2023. The dialogue functions as a collaborative platform for discussion on human rights themes among ASEAN Member States (AMS), fostering an exchange of progress and challenges in a spirit of openness, constructive engagement, and mutual understanding. There were two primary purposes for the dialogue in 2024: to provide an opportunity for AMS and AICHR to discuss best practice in promoting and protecting human rights and ways of overcoming the challenges facing the enjoyment of human rights; and to share AMS’ experiences of ratification, reservation, and implementation of international instruments on human rights and priorities for possible ratification of/accession to human rights treaties.

The dialogue was a closed meeting conducted exclusively in person. It brought together representatives from AMS, AICHR, the National Human Rights Institutions (NHRIs), and relevant civil society organizations (CSOs) affiliated to AICHR/ASEAN.

Among the CSO representatives, the Asia Indigenous Peoples Pact (AIPP), as an Indigenous Peoples organization, was given the opportunity to deliver an oral intervention during the “Session on Stakeholders' Views”. They had a maximum of three minutes to comment on the Dialogue process or to provide additional information related to the country briefing on human rights.

AIPP’s statement^[6] during the oral intervention emphasized the urgent need to recognize, promote, and protect the rights of Indigenous Peoples within the ASEAN community pillar. The discussion encouraged a reaffirmation of the rights to Free, Prior, and Informed Consent (FPIC) and self-determination of Indigenous Peoples. These principles are essential not only for empowering Indigenous communities but also for ensuring the protection of their lands, territories, and resources. Indigenous Peoples have continued to advocate for the recognition of Indigenous Peoples in ASEAN even though only two out of 10 AMS reported^[7] or used the term Indigenous Peoples in their country intervention during the Dialogue. It is positive that the AMS is open for dialogue on human rights concerns in the region, allowing questions from the AICHR or other state representatives; however, the principle of non-interference still limits actions.

ASEAN Declaration on a Safe, Clean, Healthy and Sustainable Environment

The initiative to have an ASEAN Declaration on a Safe, Clean, Healthy and Sustainable Environment (ADER) is a collaborative effort among ASEAN Member States, AICHR, and CSOs. The AICHR is considered the primary driver of the ADER discussions, supported by strong advocacy from regional and international stakeholders. The declaration is a reflection of ASEAN’s intent to balance economic development with environmental sustainability and human rights. The ADER working group was formed through a process facilitated by the AICHR, in collaboration with various ASEAN bodies, CSOs, and experts. However, the formation of the working group faced several challenges such as: a) a lack of inclusivity, with no Indigenous Peoples’ organizations represented despite their direct stake in environmental governance; b) limited access to information – drafts of the declaration were not widely shared in a timely or accessible manner, resulting in c) limited opportunities for meaningful feedback and d) representation imbalances (over 20 members were involved but there was no representation specifically for Indigenous Peoples). The working group has made significant progress, with the draft ADER nearing completion as of mid-2024. However, calls for greater inclusivity, transparency, and adherence to international standards remain ongoing. Indigenous Peoples and other stakeholders continue to advocate for revisions to the draft and a more participatory approach to future processes. Malaysia AICHR representatives aim to finalize the draft of the Declaration in 2025, and plan for more inclusiveness and acceptance by the AMS.

Initially, the declaration was named the “ASEAN Declaration on Environmental Rights (ADER)” but was later renamed the “ASEAN Declaration on a Safe, Clean, Healthy and Sustainable Environment”. A collective letter of reflection^[8] on the draft Declaration from 20 – 21 April 2024 was submitted by the Indigenous Peoples of Southeast Asia^[9] to the ASEAN Environmental Rights Working Group (AER WG), underscoring their exclusion from the drafting process of the ADER. The letter stresses that environmental rights are intertwined with their identity, culture, and spirituality, emphasizing their indispensable role as stewards of the environment. While acknowledging references to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and Indigenous Peoples’ rights to FPIC in the draft ADER, the letter criticizes the absence of Indigenous representation from the AER WG and highlights how this contradicts international frameworks and commitments such as the UNDRIP, Kunming-Montreal Global Biodiversity Framework, Cancún Agreement, and Paris Agreement.

The letter identifies critical challenges being faced by Indigenous Peoples, including violations of human rights, land exploitation, and exclusion from decision-making processes. The Indigenous Peoples’ demands for non-negotiables in ADER include explicit recognition of the term “Indigenous Peoples”, respect for their land and FPIC rights, and protection of Indigenous Environmental Human Rights Defenders. They requested a more inclusive process for implementing and monitoring environmental policies in ASEAN, aligning with the principles of meaningful participation and Indigenous self-determination.

In addition, on 8 November 2024, the AICHR convened a Regional Dialogue and Consultation on Advancing the Development of Environmental Rights in ASEAN^[10] at the ASEAN Secretariat in Jakarta. The event provided a platform for AICHR, ASEAN sectoral bodies, national agencies, CSOs, and other stakeholders to discuss current and future environmental challenges in the region. Over 60 participants, including representatives from AICHR, ASEAN Senior Officials on Environment (ASOEN), ASEAN Working Groups, and various forums, shared their experiences of implementing environmental agreements and ASEAN Community Vision 2025’s cross-sectoral collaborations. The dialogue reaffirmed the critical link between environmental protection and human rights, addressing issues such as transboundary impacts, accountability, public participation, and access to justice while emphasizing the role of multi-stakeholder platforms and business sector responsibilities. Participants expressed support for progressing the draft ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment. AIPP was given an opportunity to speak as a panellist in the session on SDGs and Environmental Rights: Access to Information, Public Participation and Decision-Making on Environmental Matters. It highlighted Indigenous Peoples’ issues, the importance of recognition of their rights, including rights to land, territories and resources, self-determination and inclusion in decision-making. The role of youth was also highlighted, encouraging their greater participation, including Indigenous youth.

Indigenous Peoples and ASEAN engagement in the 6^th United Nations Responsible Business and Human Rights Forum (UNRBHR), Asia-Pacific

During the UNRBHR, AICHR and the Southeast Asia National Human Rights Institution Forum (SEANF) convened a regional workshop, sharing good practices and effective remedies for migrant workers in business and human rights in ASEAN.^[11] The workshop served as a platform for dialogue and learning among NHRIs and AICHR partners about business and human/environmental rights, enhancing the promotion and protection of human rights as a shared responsibility of all stakeholders. A preliminary study on corporate human rights conducted in AMS with NHRIs was conducted and presented at the workshop. Indigenous Peoples were invited as an Observer to the workshop.

AIPP coordinated an Indigenous Peoples’ caucus and consolidated efforts of engagement in the 6^th UN Responsible Business and Human Rights, Asia-Pacific from 24 to 27 September 2024 in Bangkok, Thailand. The theme of the forum was Bridging Gaps and Accelerating Access. The Indigenous Peoples’ caucus delivered a joint statement^[12] during the closing session of the Forum calling upon states, businesses, investors and financial institutions, and the UN agencies to recognize Indigenous Peoples’ rights to self-determination, Indigenous knowledge, and traditional practices as enshrined in the UNDRIP and the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) General Recommendation 39; that businesses, regardless of state recognition, should respect the rights of Indigenous Peoples and obtain FPIC in all business operations on Indigenous Peoples’ lands and territories; that investors and financial institutions should establish and implement effective social and environmental safeguards in line with Indigenous Peoples’ rights for any projects on Indigenous lands, territories, waters and resources; and that UN agencies should make concerted efforts, through the formation of a UN System-wide Action Plan (UN-SWAP), in consultation with Indigenous Peoples, and the establishment of an Inter-Agency Support Group (IASG) on Indigenous Peoples at the Asia-Pacific regional level, to ensure that regional and country programming is responsive to the needs and priorities of Indigenous Peoples. The Indigenous Peoples’ caucus nominated Indigenous youth from Thailand to deliver a joint statement highlighting the following core demands: ensure Indigenous Peoples’ rights to FPIC in all processes related to business operations and development activities on their lands and territories, including coastal and marine spaces; recognize and respect Indigenous Peoples’ rights, values, knowledge, cosmovision, and practices and incorporate them into climate mitigation and adaptation strategies and actions; and ensure that climate actions, including energy transition initiatives, fully respect Indigenous Peoples’ rights, including those of Indigenous women and youth, and are inclusive and equitable, benefitting their communities. Also to ensure that such actions do not result in any form of human rights violations, loss of livelihoods, cultural heritage or biodiversity.

During the Pre-Forum sessions, in collaboration with the Coalition for Human Rights in Development, Zero Tolerance Initiative, Right Energy Partnership with Indigenous Peoples, Indigenous Peoples’ Rights International, Asia Indigenous People’s Network on Extractive Industries and Energy, Indigenous Peoples Human Rights Defenders Network and Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples, AIPP hosted a session entitled “Remedying the Harm: Indigenous Peoples’ Perspectives on Access to Remedies and Justice”.^[13] The session shared regional analysis outlining existing remedies, and highlighted cases from Nepal, Indonesia, Philippines and Malaysia showcasing the realities on the ground, emerging Indigenous community concerns, and civil society efforts to hold state, corporate, and financial actors accountable for harm and to seek redress and remedy. The private sector also shared experiences of handling grievance mechanisms in Japan.

Indigenous communities across the region continue to face displacemеnt, environmental damage, and human rights v‍iolations duе to state-backed and private sector projects exploiting еconomic, food, energy, and cli‍mate crises. These include rare earth mining, large-scale dams marketed as “green еnergy” and agrib‍usiness ventures, often encroaching on Indigenous territories. Accountability is hindеre‍d by mixed public-private financing, opaque responsibіlities, and global resource destinations. Fram‍ed as natіonal security priorities, these projects subject Indigenous communіties and their allies to retaliation, in‍cluding Strategic Lawsuits against Public Participation (SLAPP), fаlse charges, and violence. Impacts often extend across bоrders, compelling af‍fected communities to prove claims fоr redress. In response, Indigenous Peoples Human Rights Defenders аnd their a‍llies are using domestic frameworks (including humаn rights commissions) and international mechani‍sms such аs financial institution accountability and lawsuits agaіnst parent companies.

This article was written by Frederic Wilson, an Indigenous Dusun Putih Llivagu from Sabah, Malaysia. He is currently Programme Officer for the Human Rights Campaign and Policy Advocacy (HRCPA) programme at the Asia Indigenous Peoples Pact (AIPP). He is also Chairperson for the Asia steering group members of the Zero Tolerance Initiative (ZTI) and current elected co-chair for the Global Indigenous Peoples’ Caucus engagement in the 13^th session of UN Forum on Business and Human Rights. Email: This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it..

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Notes and references 

^[1] See, ASEAN leaders’ statement calls on members and external partners to “fully support Timor Leste to achieve the milestones through the provision of capacity building assistance and any other necessary and relevant support.

^[2] Arunmas, Phusadee. “Timor-Leste given roadmap for ASEAN”. Bangkok Post, 15 June 2023. https://www.bangkokpost.com/business/general/2592044

^[3] Two-thirds of the approximately 370 million Indigenous Peoples in the world live in Asia but no accurate data is available on the Indigenous population of the ASEAN region as few Member States take their Indigenous identities into account in national censuses.

^[4] ASEAN. 5 November 2024. “6^th ASEAN human rights dialogue”. https://asean.org/6th-asean-human-rights-dialogue/

^[5] ASEAN. 5 September 2023. “ASEAN Leaders’ Declaration on The ASEAN Human Rights Dialogue”. https://asean.org/asean-leaders-declaration-on-the-asean-human-rights-dialogue/

^[6] AIPP. 5 November 2024. “AIPP delivered a statement in the 6^th ASEAN human rights dialogue” https://aippnet.org/aipp-statement-6th-asean-human-rights-dialogue/

^[7] Only the Philippines and Malaysia used the term Indigenous Peoples while reporting their human rights issues or concerns in the dialogue.

^[8] AIPP. 30 April 2024. “About the inclusion of Indigenous Peoples in the ASEAN Environmental Rights Working Group (AER WG) and our non-negotiable for the ASEAN Declaration on Environmental Rights (ADER)”. https://aippnet.org/inclusion-indigenous-peoples-asean-environmental-rights-working-group-aer-wg-our-non-negotiables-asean-declaration-environmental-rights-ader/

^[9] Through the support of our allies in the region, Indigenous Peoples, Indigenous Women, and Indigenous Youth from Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Thailand, and Vietnam met in person from 20 – 21 April 2024 to collectively reflect on the draft ADER.

^[10] ASEAN. 8 November 2024. “AICHR Regional Dialogue and Consultation on Advancing Development of Environmental Rights in ASEAN”. https://asean.org/aichr-regional-dialogue-and-consultation-on-advancing-development-of-environmental-rights-concludes/

^[11]UNDP. “Regional Workshop: Sharing good practices and effective remedy for migrant workers in business and human rights in ASEAN” https://www.rbhrforum.com/aichr-seanf-workshop

^[12] AIPP. 27 September 2024. “Asia-Pacific Indigenous Peoples Caucus Joint statement at the 6^th UN Responsible Business and Human Rights”. https://aippnet.org/joint-statement-6th-united-nations-responsible-business-human-rights-forum-asia-pacific/

^[13]UNDP. Indigenous Peoples pre-session in the UN Responsible Business and Human Rights Forum, entitled “Remedying the Harm: Indigenous Peoples’ perspectives on access to remedies and justice” https://www.rbhrforum.com/ip-perspectives

Tags: Business and Human Rights , Global governance, Human rights