OP ED | INFORIAL | Implementing freedom of opinion, expression in ASEAN
A stock illustration shows the national flags of the member states of the Association of Southeast Asian Nations. ( Photo credit: Freepik/.)
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Freedom of opinion and expression is the fundamental human right of every individual in every corner of the world. Freedom of opinion and expression is also a fundamental right that is guaranteed by the laws of each country, including ASEAN member states. Indonesia, as a founding member of ASEAN, has guaranteed the right to freedom of expression since independence under the 1945 Constitution and Law No. 39/1999 concerning Human Rights (HAM). Globally, the right of every individual to freedom of opinion and expression is guaranteed under the United Nations’ Universal Declaration of Human Rights (UDHR), which was ratified on Dec. 10, 1948. Specifically, Article 19 of the UDHR states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” .Rolliansyah Soemirat, Indonesia Foreign Ministry’s ASEAN political and security cooperation director, gives a presentation at the Digital Literacy Forum on Law and Human Rights (FIRTUAL) webinar episode themed “ASEAN, Human Rights, and Freedom of Expression“. (Photo credit: YouTube/Ditjen IKP Kominfo/.) As a geopolitical and economic grouping of Southeast Asian countries, ASEAN also plays a role in guaranteeing the rights of every individual in the region. The adoption of the ASEAN Human Rights Declaration on Nov. 18, 2012 at the 21st ASEAN Summit in Phnom Penh, Cambodia, reaffirmed ASEAN’s commitment to promoting and protecting human rights and fundamental freedoms as well as the goals and principles enshrined in the ASEAN Charter. Along with the principles of democracy, the rule of law and good governance, the ASEAN Human Rights Declaration also guarantees freedom of opinion and expression for the citizens of all member states. Article 23 of the ASEAN Human Rights Declaration affirms: “Every person has the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice.” Each ASEAN member state has laws and regulations on freedom of expression and opinion that differ from one country to another and are limited by the laws in force in each country. In addition, each ASEAN member state has varying levels of democracy. Due to these conditions, each country naturally differs in the facilities that guarantee freedom of opinion and expression. Many countries still limit freedom of speech in reflection of each country’s policy on freedom of expression and opinion. According to Rolliansyah Soemirat, the ASEAN Political and Security Cooperation Director at the Foreign Ministry, Indonesia is expected to reflect ASEAN’s stance as an example in applying freedom of opinion and expression. “Indonesia plays an active role in advancing freedom of expression and opinion in ASEAN, as Indonesia has prioritized this by opening a dialogue forum with other ASEAN member states,” Rolliansyah explained during the Digital Literacy Forum on Law and Human Rights (FIRTUAL) held on April 23, themed “ASEAN, Human Rights and Freedom of Expression”. The hybrid forum was organized by Communications and Informatics Ministry to promote Indonesia’s ASEAN Chairmanship in 2023. Holding open dialogue and acting as a bridge between other ASEAN member states will lead to the generation of positive ideas on freedom of expression through digital spaces. Indonesia will help guide ASEAN member states toward changes that lead to the implementation of freedom of opinion and expression as guaranteed by the UN UDHR and the ASEAN Charter.
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