Asia-Pacific Newsletter of the Asia-Paciﬁc Human Rights Information Center (HURIGHTS OSAKA) June 2018 Vol

FOCUS

Focus Asia-Pacific Newsletter of the Asia-Paciﬁc Human Rights Information Center (HURIGHTS OSAKA) June 2018 Vol. 92

Contents Editorial

Human Rights Institutions in Asia-Pacific: Brief Review This is a brief introduction of the new national human rights institutions People in Institutions established during the past decades in Asia- Pacific. - HURIGHTS OSAKA More than a decade ago, a former Commissioner in a national Page 2 human rights institution in the Asia-Pacific gave an answer to the Myanmar National Human Rights question: What makes an institution effective? Commission This is a discussion of the mandate and His answer: People. activities of the Myanmar National Human Rights Commission. - Khin Maung Lay Beyond all the requirements of a supposedly proper national Page 4 human rights institution upon which it is judged (or accredited), what matters most are the people who run the programs and do Office of the Ombudsman/National Human Rights Institution of Samoa the work on the ground. This is a presentation on the mandate and activities of the National Human Rights People who have the commitment to serve those who suffer Institutions in Samoa. - National Human Rights Institution human rights violations, keen grasp of the situation to be able to Page 7 map out human rights interventions, and the vision to promote human rights at every possible opportunity are valuable assets of Bonded Labor in India: Persistent and Difficult a national human rights institution. This is a discussion on the problem of freeing of bonded laborers in India and the The earnestness of people in national human rights institutions is provision of support after such freedom has an indispensable trait that Commissioners/Ombudspersons, been regained. - Human Rights Law Network officials and staff have to have. They can expand their Page 10 knowledge on human rights and develop their skills; but they have to have from the beginning the innate trait of commitment Orang Rimba: Endangered People in Endangered Forest and earnestness in the work they have to do. This is a report on the work of Butet Manurung and SOKOLA among the Orang The country is served best by a national human rights institution Rimba, an indigenous community in Indonesia. that has the right people in place. - HURIGHTS OSAKA Page 12

1 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Human Rights Institutions in Asia-Pacific: Brief Review

HURIGHTS OSAKA

sia-Pacific has thirty Similar to Kazakhstan, Leadership Code (which Anational human rights Uzbekistan has a National established the Ombudsman) of institutions (NHRIs) as of 2018, Human Rights Centre which Tuvalu was amended in 2017 eighteen of them were works with the Oliy Majlis for the same reason. established from 2000. Commissioner for Human Rights (Ombudsman). The Strengthening the Commissions Ombudsman government of Uzbekistan considers the Ombudsman (a In several cases, laws Several of these NHRIs were parliamentary oversight office establishing the NHRIs were established as Ombudsman, on human rights issues) as a amended to ensure that they including the Provedor for NHRI2 but it does not seem to have independence and Human Rights and Justice of have the protection function. sufficient power to perform their Timor-Leste, Commissioner for functions. Human Rights (Ombudsman) of The Kyrgyz Republic Akyikatchy Kazakhstan, The Human Rights (Ombudsman) was established Bahrain established the Ombudsman of Tajikistan, The by law in 2002. The law National Institution for Human Kyrgyz Republic Akyikatchy, the provides that the Akyikatchy3 Rights (NIHR) in 2009 through Office of the Ombudsman of Royal Order No. 46. To ensure Samoa and the Ombudsman of shall be independent from any that the NIHR is “in par with the Tuvalu. bodies of the public Paris Principles,” Royal Order administration or officials. No. 46 was amended by Royal The Provedor for Human Rights Interventions into activities of Order No. 28 of 2012. The and Justice of Timor-Leste, a the Ombudsman (Akyikatchy) NIHR, however, opined that a constitutional body, was or any influence upon the new law had to be enacted that established by law in 2004. Its Ombudsman (Akyikatchy) would “ensure genuine mandate included functions to shall be prohibited and entail s a f e g u a r d s t o [ i t s ] counter corruption and to responsibility in accordance independence...”4 address human rights issues. In with the legislation of the 2009, the anti-corruption Kyrgyz Republic. On 24 July 2014, the King of function was transferred to a Bahrain issued Law No. 26 of new commission. 1 The Akyikatchy has the power 2014 for the “establishment of to protect human rights, prevent the National Institution for The Commissioner for Human human rights violations, Human Rights, which was Rights in the Republic of harmonize national legislations approved by the Shura Council Kazakhstan (The Ombudsman) and international human rights a n d t h e C o u n c i l o f has a counterpart agency – the standards, and promote legal Representatives to create a real National Centre for Human information to the public. legal guarantee and provide full Rights. Both offices were (Article 3) independence to the NIHR as established by the 2002 well as granting it additional R e g u l a t i o n o n t h e The Ombudsman offices in competencies and powers in Commissioner for Human Samoa and Tuvalu were given line with the Paris Principles Rights. They constitute the human rights mandate years relating to the status of national NHRI structure in the country. after they were established. The human rights institutions for the 1990 Samoan Ombudsman Law promotion and protection of was amended in 2013 for this human rights.”5 purpose; while the 2006

2 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

On 6 October 2016, Law No. the Human Rights Commission right to equality before the law 20 of 2016 amended certain “a constitutionally established (four cases). On the other hand, provisions of the Law No. 26 of autonomous body.”8 the ninety-one complaints 2014, to be able to comply with received were related to right to the “recommendations of the Complaints Received and Acted education (one case), right to Subcommittee on Accreditation Upon health (sixty-six cases), right to (SCA), adopted by the Global appropriate standard of living Alliance of National Institutions The most recent available (ten cases), right to social for the Promotion and reports of some of these NHRIs security (three cases), right to Protection of Human Rights on the complaints received (and work (six cases) and right to (GANHRI), with the intent of acted upon) involved a diversity enjoy various rights and granting it more powers to of issues and affected people. In freedom (three cases).11 achieve the objectives for which 2013, the Oman Human Rights the NIHR was established, Commission received 146 During the 2013-2018 period, reflecting the Kingdom's “ c i v i l , p o l i t i c a l , s o c i a l , the NIHR received 167 commitment to the protection of e c o n o m i c , c u l t u r a l , complaints of suspected human rights.”6 e n v i r o n m e n t a l a n d trafficking in persons cases developmental complaints.”9 In “pertaining to workers of Royal Decree no. 124/2008 2015, the Ombudsman of different nationalities, most of established the Oman National Kazakhstan received complaints which were complaints Human Rights Commission in “mostly … about violations regarding not getting paid for 2008, while Royal Decree no. caused by law enforcement their work, confiscation of their 10/2010 “identified the agencies, the actions and passports by the employers, or commission’s members that decisions of courts, penitentiary forcing them to work for represent various governmental institutions and public additional hours in jobs and non-governmental administration... and 18.9 different from what was agreed institutions” including members percent of violation cases were upon in the contracts.”12 The representing the State Council, confirmed and resolved.”10 NIHR has several hundreds of Shura Council, Oman Chamber complaints on social security of Commerce and Industry, In 2017, the NIHR of Bahrain issues and abuses by companies General Federation of Oman received four hundred eighty- of workers’ rights. Trade Unions, a member from four complaints, with fifty-one the field of law, three complaints related to civil and International Accreditation representatives from non- political rights, and ninety-one governmental organizations, complaints related to economic, Twenty-eight of these Asia- and representatives from social and cultural rights. Pacific NHRIs are members of Ministry of Foreign Affairs, N i n e t e e n c o m p l a i n t s the Global Alliance of National Ministry of the Interior, Ministry “concerning allegations of Human Rights Institutions of Social Development, Ministry torture and other ill-treatment” (GANHRI), while twenty-four of Justice, Ministry of were “communicated with the are members of the Asia-Pacific Manpower, and Ministry of Civil relevant bodies.” NIHR “found Forum of National Human Services.7 out that in some cases the Rights Institutions (APF). allegations were inaccurate, The Human Rights Commission whereas for the other cases, the For further information, please of the Maldives was first required legal proceedings were contact HURIGHTS OSAKA. established on 10 December taken by referring them to 2003 as an independent and Special Investigation Unit at the autonomous statutory body Public Prosecutor Office.” It through a Presidential Decree. also received cases relating to But on 18 August 2005, the “right to freedom and personal People's Majlis enacted Law security (nineteen cases), right No: 1/2006 (Human Rights to fair trial (six cases), right to Commission's Act) that made citizenship (two cases), and (Continued on page 14)

3 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Myanmar National Human Rights Commission

Khin Maung Lay

yanmar was once known made repeated references to the Principles, it drafted in 2012 a Mas steeped in history of need to establish a National National Human Rights kingdoms and dynasties, Human Rights Institution in the Commission Law and lobbied endowed with vast natural country. This led to the the Pyidaungsu Hluttaw (Union resources and an intelligentsia establishment of a Myanmar Parliament) for its enactment. elite base most nations would National Human Rights Th e Pyidaungsu Hluttaw envy. It is wedged between two Commission (MNHRC) in 2011. enacted the law in March 2014. of the most populous nations in the world, and a proud nation T h e M N H R C c a m e i n t o The MNHRC was reconstituted standing tall among its existence by a presidential in September 2014 under the neighbors up till the mid-1960s. decree on 5 September 2011. new law with eleven members Now it is struggling to get rid of Following the Paris Principles, and the following mandates: the least developed nation its fifteen Members represented a. To effectively promote and status, but it is not a stranger to the principle of plurality and protect the fundamental human rights. ethnic and gender balance. Its M e m b e r s c o n s t i t u t e d rights of the citizens Myanmar cast one of the earliest representatives from the e n s h r i n e d i n t h e affirmative votes in the run up to Rakhine, Chin, Kachin, Karen, C o n s t i t u t i o n o f t h e the adoption of the Universal Mon, Shan and Bamar ethnic Republic of the Union of Declaration of Human Rights in groups. Different religions are Myanmar; December 1948. After represented including b. To create a society where independence from the British Christians, Muslims and human rights are respected in January 1948, a period of Buddhists. For gender parity, the a n d p r o t e c t e d i n democratic rule ensued that was MNHRC has three lady r e c o g n i t i o n o f t h e interrupted in 1962 when the commissioners. Myanmar Universal Declaration of military took over power, became the fifth country among Human Rights adopted by socialist rule became the order the Association of Southeast the United Nations; of the day and human rights Asian Nations (ASEAN) c. To effectively promote and took a back seat. member-countries to have protect human rights established a National Human c o n t a i n e d i n t h e From that period onward, Rights Institution (NHRI). Other international conventions, human rights never took a NHRIs in ASEAN are in d e c i s i o n s , r e g i o n a l forefront status until 2011, when Thailand, Malaysia, Indonesia a g r e e m e n t s a n d the transition to a democratic and the Philippines. declarations related to government once again ushered human rights accepted by in human rights. The MNHRC has the mandate the State; and of promoting and safeguarding d. To coordinate and Myanmar National Human the fundamental rights of the c o o p e r a t e w i t h t h e Rights Commission citizens enshrined in the Constitution of the Republic of international organizations, Myanmar took heavy criticism the Union of Myanmar. regional organizations, from Western countries for its n a t i o n a l s t a t u t o r y human rights record and the Since the MNHRC was formed institutions, civil society recommendations of the under a presidential decree, and non-governmental Universal Periodic Review which is not considered a best organizations related to (UPR) report in January 2011 practice under the Paris human rights.

4 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Activities of MNHRC in the south, Tachileik and Through its complaint Mong Young in the east and examination mechanism, the The MNHRC endeavors to fulfill Sittwe in the west. It also holds MNHRC uses its advisory its mandates through the five workshops (including focus function in requesting divisions: Promotion and group discussions) to allow the competent authorities to provide Education Division; Protection participation of people at the remedy to the human rights Division; International Relations grassroots level. violations. Whenever necessary Division; Legal Division; and based on the seriousness of the the Planning and Administration It provides human rights lectures complaints and in cases of Division. in all training courses of the systemic violations of human Central Institute of Civil Services a. Promotion and Education rights, the MNHRC conducts (CICS) in lower and upper field visits. Division Myanmar for those at the very After a lapse of nearly sixty basic junior level to the high In 2017, out of the 1,125 years, the population at large ranking executive level. To-date, complaints received, the had very little or no knowledge in all seven levels of training Complaint Division took action of human rights and thus it conducted by CICS, the on 454 complaints. The rest did became the primary task of the MNHRC has imparted human not meet the requirements of MNHRC to promote and rights knowledge and concept the MNHRC’s established disseminate human rights to over ten thousand trainees. procedures and were put on knowledge. record. Upon the request of the From the very inception of the MNHRC, the Ministry of The MNHRC has the mandate MNHRC, it has strived to Defense included a lecture on to inspect prisons, jails, disseminate human rights human rights in the four training detention centers, and places of knowledge to all sectors of courses it regularly holds. The confinement in order to ensure society including government training courses are held at the that persons imprisoned, officials from the union level National Defense University for detained or confined are treated ministries and organizations; senior officers with the rank of humanely and in accordance officials in the office of the two Colonel, and also at the Staff with international and national houses of the parliament; College under the Ministry of human rights laws. Inspection members of the armed forces Defense (the second highest teams from the Protection and the police forces; officials of educational level) that career Division of the MNHRC visited the correction department; military officers with the rank of twenty-six prisons, including the government agency officials at Lieutenant Colonel are obliged prison in Nay Pyi Taw, and state, division and township to attend before promotion to m a d e n e c e s s a r y levels. It also organizes training higher ranks. Human rights recommendations mostly on workshops on human rights lecture is also provided to problems related to human with the cooperation of majors and captains in the two rights of prisoners. All visited international agencies, non- combat training schools under prisons far exceeded their governmental organizations the Ministry of Defense before capacity, prompting the (NGOs) and civil society taking up the responsibilities of MNHRC to recommend the organizations (CSOs). battalion and company reduction of the prison commanders. population. Among the prison The MNHRC holds human population, 46.53 percent of the rights education activities for b. Protection Division prisoners are found to be people of all walks of life in 108 T h e M N H R C r e c e i v e s offenders of narcotic drugs and townships throughout the length communications on complaints psychotropic substances law. and breadth of the country. As a of human rights violations, The MNHRC recommended the measure of its coverage, the examines them and conveys construction of buildings or MNHRC reached out to Putao- findings to the relevant extensions to the existing ones M a C h a n B a w i n t h e government departments and to have enough space, and also northernmost part, Kawthaung bodies for necessary action. adequate budget for the prisons.

5 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

T h e M N H R C a l s o • The fourteenth Annual including parliamentarians, recommended the setting up of Meeting of SEANF in senior government officials from rehabilitation centers for drug Quezon City also in 2017 different relevant government offenders, instead of putting w h e r e t h e r u l e s o f departments, members of CSOs them in prison. This in the view procedure of the SEANF and media attended the of the MNHRC will greatly help were adopted; workshop. The workshop towards the reduction of • The GANHRI 2017 annual participants issued an outcome overcrowding in the prisons. meeting in Geneva where s t a t e m e n t w i t h representatives from more recommendations to the The inspection teams also t h a n o n e h u n d r e d government to consider a visited labor camps (where member-NHRIs adopted a moratorium on the application prisoners sentenced with hard statement on protecting of the death penalty pending its labor component do agricultural a n d p r e s e r v i n g t h e abolition since Myanmar is work) twenty-five times, fifty- independence of NHRIs considered abolitionist in three police detention centers, including the risks they practice. forty-five court detention centers face, among others; and twelve hospital guard - Organization of workshops Nature of Human Rights wards. ( s u c h a s o n Violations Attended To communications strategy in c. International Relations About 30 percent of the total cooperation with Raoul Division number of complaints received Wallenberg Institute on by MNHRC refer to land The MNHRC is a full-fledged 21-22 February 2017); member of the Southeast Asian confiscation cases. Complaints - Cooperation with civil about the members of the police National Human Rights society organizations Institutions Forum (SEANF), an force rank second in number; ( C S O s ) ( s u c h a s t h e while complaints about the associate member of Asia- w o r k s h o p e n t i t l e d Pacific Forum of the National judiciary are the third most “MNHRC and CSOs - Paths numerous. Human Rights Institutions (APF) toward cooperation,” 28 and holds a “B” status with July 2017 at Green Hill An investigation team of the Global Alliance of National Hotel, Yangon, jointly MNHRC visited Budidaung Human Rights Institutions organized by the MNHRC Maungdaw in Rakhine State (GANHRI). a n d t h e D e m o c r a c y twice in 2017 to check the It coordinates and cooperates Reporting International prison where persons who were with international organizations, [DRI]); arrested in relation to the regional organizations, national - Participation in the visiting violence that took place in statutory institutions, civil programs for national August 2017 were incarcerated, society and non-governmental human rights institutions in and the camps for the organizations related to human Southeast Asia (such as the internally-displaced people and rights. Its International Relations v i s i t i n g p r o g r a m t o Muslim community. MNHRC Division undertakes the European human rights recommended that the prisoners following activities: institutions in June 2017 be allowed access to their held in Brussels and lawyers, and have family visit - Preparation for the Berlin). and health care. participation of the C h a i r p e r s o n a n d a d. Legal Division Conclusion C o m m i s s i o n e r i n In October 2017, MNHRC international meetings such The establishment of the organized a workshop in Nay as the following: MNHRC is part of the political, Pyi Taw with the support of the economic and social reforms • Special Meeting of SEANF APF on moratorium on the held in Quezon City in application of death penalty. November 2017; Thirty-three participants (Continued on page 15)

6 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Ofﬁce of the Ombudsman/National Human Rights Institution of Samoa

National Human Rights Institution

h e O f fi c e o f t h e 1. Promotion and protection National Human Rights T O m b u d s m a n w a s of human rights; and Institution (NHRI) of Samoa established in 1990 by virtue of 2. Investigation of complaints The Act gives the Office wide- law to investigate complaints concerning officers of a ranging duties and powers to about decisions,1 actions or disciplined force. inaction of government promote and advocate for the agencies2 i n m a t t e r s o f The law includes new protection of human rights in administration. The good provisions on Special Samoa, qualifying it as a governance core function of the Investigation Unit (SIU) that national human rights institution Office promotes transparency, provides the Ombudsman the (NHRI). In discharging this duty, accountability, integrity and mandate to function, when the Office carries out the f a i r n e s s i n p u b l i c necessary, as independent following activities among administration. mechanism to investigate and to others: determine complaints about a • conducting a national Based on the findings3 of police officer, prison officer or inquiry into systemic investigations, the Ombudsman officer of a prescribed patterns which violates makes recommendations to the disciplined force. The purpose human rights;5 government agencies where of this function is to ensure that appropriate to either cancel or complaints against personnel of • promotion of public vary decisions, rectify the disciplined forces are a w a r e n e s s t h r o u g h omissions, amend law or properly investigated and to e d u c a t i o n , o u t r e a c h practices upon which action/ enhance public confidence in p r o g r a m s a n d inaction was based. The d i s s e m i n a t i o n o f the operations of the agencies 6 Ombudsman cannot compel the exercising the coercive powers information; government agencies to of the State. The Office is still • monitoring and promotion i m p l e m e n t h i s growing, with some way to go o f c o m p l i a n c e w i t h recommendations but may yet, into this very important new international and domestic 7 report the situation to the role. human rights laws; Parliament should they fail to do • participation (with the so. The SIU cannot investigate a approval of the Court) in matter that is being investigated Court proceedings as a The Samoan Parliament by a Law Enforcement Force friend of the court;8 repealed the Office’s founding under its own Act unless the • conducting periodic visits 4 law in 2013 and replaced it Ombudsman has reasons to to places of voluntary and w i t h t h e O m b u d s m a n believe that: involuntary confinement or (Komesina o Sulufaiga) Act detention (prisons); and • there is an abuse of process 2013. This new Act re- • reporting annually to the by the Force; or establishes the original good Parliament on the status of governance function and • there has been an human rights with a greater mandates of the Office with two unreasonable delay in the impact on the enjoyment additional core functions: investigation; or and exercising of basic • the matter has not been human rights. appropriately investigated.

7 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Human Rights Advisory Council The report was informed by The 2017 SHRR provided the discussions in rural Parliament with an overview of An Advisory Council was consultations carried out in NHRI National Inquiry into established following the traditional village settings. family violence that began in establishment of the NHRI in Participants in these January 2017. The results of the 2013. It consists of a body of consultations comprised of 47 inquiry were reported to the i n d i v i d u a l s w h o a r e percent male and 53 percent Parliament in June 2018. knowledgeable in various areas female. relating to human rights. They ○ ‘A’ status include representatives of The second SHRR submitted to groups and organizations of Parliament in June 2016 focused In January 2016, the NHRI persons with disabilities on the rights of persons with submitted its application to the (PWDs), persons with diverse disabilities (PWDs). The village Global Alliance of National sexual orientation and gender consultations had 45 percent Human Rights Institutions i d e n t i t y ( Fa ’ a f a fi n e a n d male and 55 percent female (GANHRI) for accreditation as a 9 Fa’atama), youth, women, participants. The report covers “Paris Principles”10 compliant church and community leaders many aspects of the protection institution. It was graded as “A and others. It was established to and promotion of the rights of Status” NHRI in May 2016. assist the NHRI in raising PWDs and points to the most Samoa is the first small island awareness on human rights critical issues. The report, tabled state in the region to be issues in Samoa and to provide in Parliament in September awarded “A status” enabling its feedback on human rights 2016, formed part of the push NHRI to engage with various initiatives and work. for the ratification of the human rights bodies and to Convention on the Rights of participate in its own right in Activities Persons with Disabilities the proceedings of the United (CRPD), which was done in Nations Human Rights Council ○ State of Human Rights Report December of the same year. and its subsidiary bodies. In June 2017, the NHRI Since its establishment, the ○ C o m m u n i c a t i o n a n d submitted its third SHRR to NHRI has submitted three State Awareness: of Human Rights Reports Parliament on the issues of: (a) (SHRRs) covering the period Climate Change affecting from its inception up to June human rights in Samoa, and (b) a. Friendly School 2017. The first report (2015) Family Violence. With regards The NHRI implemented its was the first ever attempt at a to Climate Change, the report Friendly School Program in comprehensive appraisal of looked at the impact of climate 2016 as a direct result of the human rights in Samoa, the change on the full enjoyment of discoveries of the first SHRR in actualities, the issues and the fundamental human rights 2015. An important revelation attitudes. The report highlighted particularly the rights to life, was confusion among children the solid foundation for health, food, water and o f t h e i r r i g h t s a n d advances in human rights sanitation, housing, self- misunderstanding/ provided for Samoa by the determination, meaningful misinterpretation of the rights of international human rights participation, and the right to the child by adults. The program instruments and conventions, take part in or participate in aims firstly to increase the Constitution of Samoa cultural practices. The NHRI awareness and understanding of (1960) and the faa-Samoa or the believes that these rights are human rights in schools as a indigenous cultural practices of extra-territorial, and that nations first step towards dispelling the Samoan people. The first are bound by treaty and misconceptions surrounding SHRR report draws attention customary law to protect the children’s rights. It hopes that also to the pressing human human rights of people around increased knowledge on human rights issues faced by Samoa’s the world from the effects of rights would foster better most vulnerable populations climate change. understanding and instill including women and children. positive attitudes and respect for

8 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92 the rights of the child and their Consultations undertaken in organizations (NGOs), other application. The program has 2014 for the first SHRR,12 and relevant stakeholders and covered eight schools including information obtained in institutions that exercise power private and public primary and preparing ordinary news and influence within the secondary schools. reports, showed convincingly community. The program extended to the that violence was the most A significant educational and establishment of partnership urgent systemic and widespread awareness-raising component between the NHRI and the violation of human rights intended to flow from the National University of Samoa’s among the Samoan population. Inquiry will be rolled out very Faculty of Education. The The NHRI decided to organize shortly following submission of partnership targets pre-service an Inquiry in the form of a the Inquiry report to Parliament. and in-service teachers and “national dialogue” on all aims to foster and deepen their aspects of the worsening family violence situation in Samoa. The Working in Collaboration with understanding of human rights Key Stakeholders and to better equip them as objective was to understand the teachers to generate awareness gravity of the problem and to Networking and partnership and appreciation for human formulate a strategy and plays an important role in the rights. activities in which the people of work of the NHRI. It seeks to Samoa could help under the ensure that its stakeholders leadership of their national b. Law Enforcement Training which include government government to combat violence ministries, NGOs, and Since 2016, the Office has in the Samoan family. The development partners are engaged the Ministry of Police exercise called for extensive consulted and given the (MOP) and the Samoa Prison public consultations because opportunity to participate in its Services in ongoing programs remedial activities would need work. The NHRI is still in its such as the Basic Human Rights to rely heavily on the effective early stages and looks forward Trainings for Law Enforcement utilization of traditional to exploring more avenues and and Outpost Refresher programs institutions. opportunities to promote the on human rights. The NHRI Family violence for purposes of protection of human rights in works closely also with the the Inquiry was taken to mean Samoa. The NHRI is committed Community Engagement Unit of any form of violence a person in to implementing its three core Police on community awareness a Samoan family setting (small functions as they are bound by programs conducted for or extended communal unit) law to do so. villages. experiences from another family member in the form of For further information, please c. National Inquiry into Family emotional/physiological, contact: Office of the Violence physical and sexual abuse, Ombudsman, Central Bank among others. It includes in Building L5, Apia, Samoa; ph: + An important function of the addition “any other controlling NHRI is to inquire into (685)25394/23318; fax: + or abusive behaviour where (685)2186; e-mail: HYPERLINK widespread, systemic or such conduct harms or may entrenched situations or "mailto:[email protected]. cause imminent harm to the ws" [email protected]; practices that violate human safety, health or wellbeing of a rights.11 This can take the form www.ombudsman.gov.ws; person” as defined in Section 2 Facebook: facebook.com/ of a “National Public Inquiry” of the Family Safety Act 2013. which enables the employment NHRIOmbudsmanSAMOA . of a broad human rights A report on the Inquiry was approach and the examination submitted to the Parliament at of a large and complex situation the end of June 2018. The report where the general public is set out the evidence received, invited to participate. analysis of the situation, and recommendations addressed to government, non-governmental (Continued on page 15)

9 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Bonded Labor in India: Persistent and Difﬁcult

Human Rights Law Network

onded labor, a traditional by virtue of which any bonded labor system and Bl a b o r s y s t e m w i d e l y person, or any member of the rehabilitating the victims of the practiced in India, was family or dependant of such system. More than forty years abolished by The Bonded person, is required to do any later, however, the bonded Labour System (Abolition) Act work or render any service as a labor system has remained part of 19761 by declaring that bonded labourer.” (Article 5, of traditional industries in India “every bonded labourer shall … Chapter II) including brick kiln factories. stand freed and discharged from Rescue of bonded laborers any obligation to render any The law has penal provisions for continues to occur every now bonded labour.” (Article 4, its violation (“imprisonment for and then. Chapter II) a term which may extend to three years and also with a fine Raj Kumara Sahoo and Bonded Bonded labor is defined as which may extend to two Laborers of Jammu-Kashmir4 “service arising out of loan/ thousand rupees”). (Article 16, debt/advance,” in which the Chapter XVI) Raj Kumari Sahoo and Niranjan “debtor undertakes to Sahoo married in 2010 and mortgage his services or the It obliges both Union and State lived together in Jammu while services of any of his family and governments to take working as bonder laborers in a members to the creditor for a measures to free the bonded brick kiln factory. Raj Kumari specified or unspecified period laborers and support their and Niranjan were kept in with or without wages rehabilitation. The state captivity as bonded workers in accompanied by denial of government is obliged to the brick kiln factory for two choice of alternative avenues of “confer such powers and and a half years, while employment, or [denial of] impose such duties on a Niranjan’s “entire family had freedom of [movement].”2 District Magistrate as may be served as a bonded labour for necessary to ensure that the 10 years” in Jammu. The freedom of the bonded provisions of this Act are laborer under the 1976 law properly carried out.” (Article On 16 June 2012, when they means extinguishment of 10, Chapter IV) told the owner of the factory of liability to repay bonded debt, their intention to go home to non-eviction from “homesteads The District Magistrate and Chattisgarh the contractor or other residential premises officers authorized by him shall demanded the payment of which he was occupying as part inquire on the existence of any “three lakhs rupees [300,000 of consideration” for the bonded labor system and take rupees, almost 4,500 US bonded labor, provision of immediate action to extinguish dollars]” and beat them up. rehabilitation grant, and it, and “promote the welfare of Niranjan ran away to seek help. provision of government the freed bonded labourer by The contractor forced Raj support for rehabilitation.3 securing and protecting the Kumari to go to the house of her economic interests of such son-in-law and later to her The law also declared void and bonded labourer so that he may h o u s e w h e r e s h e w a s inoperative “any custom or not have any occasion or reason repeatedly raped. She was tradition or any contract, to contract any further bonded pregnant at that time. She was agreement or other instrument debt.” (Article 11, Chapter IV) beaten up after the rape, (whether entered into or causing her to have a The law has important executed before or after the miscarriage three days later. commencement of this Act), provisions on extinguishing the

10 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Niranjan reported to the police Jammu-Kashmir and the Union laborers of India have less hope the physical abuse suffered by of India under Article 32 of the of gaining support after gaining Raj Kumari and his son while Constitution of India (W.P. [Crl.] freedom from bonded labor. they were held captive by the No. 000128 / 2012). They 5 contractor. Initial visit by the pleaded for the “issuance of a As one report states: police (and staff of Child Line, writ of mandamus or any other Lawyers attribute the low Jammu) at the house of the writ, order or directions for r a t e s o f r e p o r t i n g , contractor found Raj Kumari conducting an investigation into prosecution and conviction refusing to leave the house and the case of bonded labour, [of bonded labor exploiters] even told them that she went to physical and sexual abuse.” The to a lack of awareness of the place on her own free will. petition also asked for an order the bonded labour law and The police raided the house on to investigate any other cases of policies on rehabilitation, 17 August 2012 and succeeded bonded labor in Jammu- a s w e l l a s a p o o r l y in taking her and her son to Kashmir and for the release and resourced and under- Neha Ghar, a rehabilitation rehabilitation of bonded funded police and judicial home under the supervision of laborers. system. the Juvenile Welfare Board. The petition included the With the help of counseling by Today, many are still working as allegation that bonded labor Child Line, Jammu, Raj Kumari bonded laborers, while those had not been addressed by the subsequently told the police freed from the system are not Union and State governments, that she was threatened by the guaranteed of support for their and support for those who had contractor and her principal rehabilitation. Without been liberated from bonded employer, her husband was also rehabilitation, the freedom labor had not been provided to beaten up and fled Jammu gained by former bonded many of them. afterward, and she wanted to laborers may not have much join her husband. They asked the court to order meaning. Raj Kumari filed a first both Union and State information report (FIR) with the governments to fully implement This article was prepared in police in New Delhi on 27 the Bonded Labour System collaboration with Jefferson R. August 2012 on the abuse she (Abolition) Act, 1976 as Plantilla of HURIGHTS OSAKA. suffered but was refused. amended. The petition remains pending with the Supreme Th e H u m a n R i g h t s L a w On 2 September 2012, fifty one Court. Network works on access to bonded laborers were found by justice for marginalized the police being transported to Persistent Traditional Labor individuals and communities, an unidentified place and Exploitation System training in human rights law, pointed to the contractor and law reform, monitoring and the owner of a brick kiln factory Eliminating the bonded labor investigation into human rights of abusing them as bonded system in India, a very old abuse and ‘know-your-rights labor. The office of the District tradition of labor exploitation, ‘publications. Magistrate, Jammu, ordered has been very difficult. their freedom and instructed the For more information, please The government of India police to file a case against the contact: Human Rights Law reportedly announced in 2016 a contractor and brick kiln factory Network, Socio-Legal plan to rescue and help all owner for violating the law. Information Center, 576, Masjid bonded laborers by 2030. Road, Jungpura, New Delhi - Along with Swami Agnivesh of However, full compensation to 110014; ph +91-11-24374501, the Bandhua Mukti Morcha the victims of bonded labor can +91-11-24379855, fax (Bonded Labour Liberation only be obtained after a +91-11-24374502;e-mail: Front), Raj Kumari filed with the criminal conviction of the [email protected]; website: Supreme Court of India on 3 exploiter. At the current slow http://hrln.org/. September 2012 a criminal writ and low conviction rate, the petition against the State of supposed millions of bonded (Continued on page 15)

11 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Orang Rimba: Endangered People in Endangered Forest

HURIGHTS OSAKA

n 2014, an Indonesian Forest Laws children how to read and write. Iphotographer described the She narrated how the Orang Orang Rimba in the following The Aliansi Masyarakat Adat Rimba would see the pencil as manner:1 N u s a n t a r a ( A M A N ) o r “evil with spiked eyes” since Indigenous Peoples Alliance of they “had been cheated out of Orang Rimba is one of the the Archipelago reported in their land when they were tribe groups living in the depth 2017 to the Human Rights made to sign contracts under 3 of forests in Jambi Province Council t h a t t h e 1 9 9 9 false terms.” Her effort to teach (Sumatra, Indonesia). They Indonesian Forestry Law the children on how to read and lead what to some may seem legalized land-grabbing and write was rejected by the a unique lifestyle owing much converted customary forests community. But she persisted to the values and traditions into state forests. Under this and in the7 they espouse, which are law, the Indonesian government traced back many centuries granted concessions to “private seventh month, her efforts ago. The uniqueness in value companies for mining, logging reached a turning point. Three systems they hold is reflected and plantations in indigenous boys went to her. They were 7, in their traditions, food they peoples' traditional lands in 10, and 14 years old and they eat, shelters they use to serve violation of their rights.” The wanted her to teach them. as housing, and methods they 2014 Law on the Prevention Seven year old Pendengum employ in cultivation. What is and Eradication of Forest Tampung, when he succeeded most outstanding in their Destruction, on the other hand, in reading the word “buku” livelihood is the importance “criminalized indigenous which means “book” in they attach to forests, which is peoples living within national Bahasa Indonesia, climbed a the provider of everything to parks, protected forests and tree and started screaming to sustain their lives. To them life wild life reservation.” the whole forest, “I can read!” follows the cycle of nature, Ten years later, she would mutually beneficial to all AMAN pointed out that the witness Pendengum, now a elements, humankind, Indonesian Constitutional young man, addressing a animate and inanimate alike. Court4 declared in 2012 that crowd of hundreds about the human rights of forest people. It is believed that around 3,500 these two laws violated the indigenous peoples' rights. members of the Orang Rimba She was not confident at the However, these laws have not live in the Bukit Dua Belas beginning about the wisdom of yet been “amended in order to National Park in Jambi her educational initiative:8 province.2 But the continuing ensure [the protection of] the 5 destruction of the forest in the rights of indigenous peoples.” When she started her literacy park to give way to palm campaign, she had to ask plantations and other An Educational Response: herself whether the Orang agricultural activities has Pencil as Evil Rimba really needed change endangered the livelihood, and whether this change culture and social organization Saur Marlina Manurung would preserve or destroy of the Orang Rimba. (popularly known as Butet) their culture. She realized that started to support the Orang her first task was to make Rimba in 1999, as a member of them feel proud of themselves, a conservation group (WARSI),6 to help them realize that what by teaching the indigenous they have in the jungle is

12 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

complete and is of value. She believes she has succeeded in this because none of her students leave their home.

Proper Pedagogy

Butet started her “’school for life,’ a school that beneﬁts … the Orang Rimba directly,” adopts their perspective and deals with real situations in life. She learned to respect the views of her “students” who once told her not to stop them from killing a baby bear caught in a trap. They explained:

Ma’am, please don’t say that. their shapes, she develops a involving] ten thousand children If God heard you, he would practical reading-writing- and adults.”11 not send food anymore. counting syllabic method. What’s in our trap, what’s in Butet eventually lets her Butet noted that “many of her front of us, that is food sent by students teach one another. former students are now God. Surprising results follow. After community leaders and teachers themselves, including She describes the “school for three months, she takes her best students to other locations Pengendum, the boy who life”:9 to become teachers. When celebrated reading his first word 12 My school is not like a regular asked what they want to be, by climbing a tree.” school. Whenever you have a many children reply, “a Butet was the recipient of the problem, you make a school teacher trainee.” for that. If you have a problem 2014 Ramon Magsaysay Awards with logging, you learn how to SOKOLA for her “ennobling passion to chase them away. If you have protect and improve the lives of a problem with diarrhea, you In 2003, Butet started with Indonesia’s forest people, and find the sources of information several like-minded people a her energizing leadership of so you can combat diarrhea non-governmental organization volunteers in Sokola’s and teach the community. named Sokola which developed customized education program “literacy programs that are that is sensitive to the lifeways The effectiveness of her responsive to the strict customs, of indigenous communities and pedagogy is seen in the traditions, lifestyles, and the development challenges following report:10 development challenges of they face.”13 indigenous and marginalized The children influence Butet communities.” Through the For further information, please and teach her invaluable years, Sokola expanded by contact HURIGHTS OSAKA. pedagogic skills. She starts establishing fourteen schools where they are. She […] keeps with “eighteen teachers, and it simple and fun. Far from a thirty volunteers” serving rigidly prescribed curriculum, indigenous communities in “ten she adopts an organic non- Endnotes provinces across Indonesia, judgmental approach, including Nanggroe Acheh 1 Ekoningtyas Margu Wardani, inventing her own teaching Darussalam, Jambi, West “Orang Rimba, Forest- techniques in the field. Dependent People in Jambi,” Sumatra, Java, Sulawesi, Flores, Realizing that kids learn the Center for International sounds of letters first and then the Mollucas, and Papua [and F o r e s t r y R e s e a r c h ,

13 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

www.cifor.org/forestsasia/? Indonesia, 27th Session of the August 2014, http:// contestants=orang-rimba- Human Rights Council (Apr- globalnation.inquirer.net/ forest-dependent-people- M ay 2 0 1 7 ). S u b m i s s i o n 110277/indonesian-teacher- jambi. available at www.aman.or.id/ saur-marlina-manurung-turns- 2 Ramon Magsaysay Awards wp-content/uploads/2016/09/ forest-into-school-for- Foundation, Manurung, Saur INDONESIA_AMAN_AIPP_UP life#ixzz5CnwpzOop. Marlina, Indonesia, 2014, R_3rdCycle.pdf. 10 Toko Buku, op. cit. http://rmaward.asia/awardees/ 6 Toko Buku, “The Jungle School 11 Ramon Magsaysay Awards manurung-saur-marlina/. by Butet Manurung,” Bali Foundation, op. cit. A d v e r t i s e r 3 27th Session of the Human , 2 0 1 6 , 12 Yap, op. cit. Rights Council (April-May www.baliadvertiser.biz/the- 13 Ramon Magsaysay Awards 2017) during the 3rd Cycle of jungle-school-by-butet- Foundation, Manurung, Saur Universal Periodic Review of manurung/. Marlina, Indonesia, 2014, op. Indonesia. 7 Ramon Magsaysay Awards cit. 4 Constitutional Court Decision Foundation, B U T E T No. 35/PUU-X/2012. M A N U R U N G : N o t Yo u r Typical Teacher 5 Aliansi Masyarakat Adat , 15 September 2016, http://rmaward.asia/ Nusantara (AMAN), Joint rmtli/not-your-typical-teacher/. Stakeholders' Submission on The Situation of Human Rights 8 Ibid. of Indigenous Peoples in 9 DJ Yap, “Indonesian teacher Indonesia - Submission Saur Marlina Manurung turns Prepared for 3rd Cycle of forest into ‘school for life,'” Universal Periodic Review of Philippine Daily Inquirer, 31

Human Rights Institutions in Law_On_Ombudsman_Kyrgyz_2 9 Oman Human Rights Asia-Paciﬁc: Brief Review 002_En.pdf. Commission, www.ohrc.om/ postsen.php?DO=1733. (Continued from page 3) 4 Parallel Report submitted by the National Institution for Human 10 Malika Orazgaliyeva, “Kazakh Rights on The Initial Report of Human Rights Ofﬁce Received Endnotes the Kingdom of Bahrain 1,340 Requests for Assistance 1 History, Provedor for Human regarding the progress made in in 2015, Says New Report,” Rights and Justice of Timor- the implementation of the Nation, 26 February 2016. Leste, http://pdhj.tl/?lang=en. provisions of the International 11 Fifth Annual Report of the Covenant on Civil and Political 2 A45, National human rights National Institution for Human Rights, 2018, page 4, Rights on the Progress institutions, National report www.nihr.org.bh/en/ submitted in accordance with Achieved in the Human Rights MediaHandler/ Situation in the Kingdom of paragraph 5 of the annex to GenericHandler/documents/ Human Rights Council Bahrain, 2017, page 55, http:// reports/Final_CCPR%20_NIHR www.nihr.org.bh/en/ resolution 16/21 - Uzbekistan, %20report%20%202018.pdf. A/HRC/WG.6/30/UZB/1, 26 MediaHandler/ February 2018, page 5, https:// 5 Ibid., page 5. GenericHandler/documents/ documents-dds-ny.un.org/doc/ 6 Ibid., page 9. download/NIHR_2017_En.pdf. UNDOC/GEN/G18/050/12/ 7 About NHRC, 2013-08-18, 12 Parallel Report submitted by the PDF/G1805012.pdf? www.ohrc.om/postsen.php? National Institution for Human OpenElement. DO=1718. Rights, op. cit., page 37. 3 Article 6. Legal Status of the 8 Human Rights Commission of the Ombudsman (Akyikatchy), Law Maldives, www.hrcm.org.mv/ on Ombudsman (Akyikatchy) of aboutus/about.aspx#Establishment. the Kyrgyz Republic, file:///C:/ Users/jeff.P/AppData/Local/Temp/

14 FOCUS ASIA-PACIFIC JUNE 2018 VOLUME 92

Myanmar National Human body on human rights, the For further information, please Rights Commission MNHRC is determined to contact: Khin Maung Lay, The (Continued from page 6) contribute to that process by Myanmar National Human taking initiatives and acting Rights Commission, 7, Pyay proactively to improve the Road, Hlaing Township, Yangon, that have taken place in the human rights situation in the Republic of the Union of country during the last few country. Myanmar, ph +951654684; years. It also fulﬁlls one of the emails: [email protected]; recommendations under the Khin Maung Lay is a member of [email protected]; Universal Periodic Review for MNHRC, and currently in- http://mnhrc.org.mm. Myanmar. In its capacity as an charge of the Training and independent national-level Education Division.

Ofﬁce of the Ombudsman/ Ombudsman whether it was transgender men and women National Human Rights w r o n g i n l a w ; o r in Samoa. Institution of Samoa unreasonable, unjust or not 10 Principles relating to the in accordance with the rule (Continued from page 9) Status of National Institutions of law; or mistake of law or (The Paris Principles), w a s w r o n g . T h e General Assembly resolution corresponding section in the 48/134, 20 December 1993, Endnotes new Ombudsman (Komesina https://nhri.ohchr.org/EN/ 1 Including recommendation o Sulufaiga) Act 2013 is AboutUs/Pages/ made to a Minister of section 28. ParisPrinciples.aspx. Cabinet. 4 The new Act commenced on 11 Section 34, Ombudsman 2 Ofﬁcers, employees or 6 June 2013. (Komesina o Sulifaiga) Act members exercising a 5 S e c t i o n 3 4 o f t h e 2013. function or power under a Ombudsman (Komesina o 12 State of Human Rights Report legislation are included in Sulufaiga) Act 2013. 2 0 1 5 , a v a i l a b l e a t the investigation. 6 Section 33 (a), ibid. www.ombudsman.gov.ws/ 3 Section 19 (1) of the 7 Section 33 (c), ibid. images/ Komesina o Sulufaiga 8 Section 33 (d), ibid. 20150806_stateofhumanright (Ombudsman) Act 1989 sets sreport_english.compressed.p 9 These are preferable cultural out the conclusions which df. c a n b e m a d e b y t h e i d e n t i t i e s g i v e n t o

Bonded Labor in India: wcms_300625.pdf. All ﬁled before the Supreme Court Persistent and Difﬁcult provisions of the law are taken of India. f r o m t h i s s o u r c e u n l e s s (Continued from page 11) 5 Thomson Reuters Foundation, indicated otherwise. “Reality of bonded labour: Long 2 CHAPTER-18 - MANUAL – 17, way to justice for thousands Endnotes https://pblabour.gov.in/Content/ forced into slavery,” Hindustan documents/pdf/rti/ Times, 26 January 2017, 1 Text of The Bonded Labour rti_chapter18.pdf. www.hindustantimes.com/india- System (Abolition) Act, 1976 3 CHAPTER-18 - MANUAL – 17, news/reality-of-bonded-labour- (ACT NO. 19 OF 1976) taken ibid. long-way-to-justice-for- from www.ilo.org/wcmsp5/ thousands-forced-into-slavery/ 4 The discussion of the case of Raj groups/public/---asia/---ro- story- Kumari and the other bonded bangkok/---sro-new_delhi/ yFeU0xF9Bei31Jg1Zj3Q0K.html. documents/genericdocument/ laborers is based on the petition

15 HURIGHTS OSAKA Calendar

The 8th volume of Human Rights Education in Asia-Paciﬁc is ﬁnally coming off the press by July 2018.

DE AU P E O

R S

U OSAKA T

B JAPON TAXE PERCUE

PRINTED MATTER AIR MAIL May be opened for inspection by the postal service.

HURIGHTS OSAKA, inspired by the Charter of the United Nations and the Universal Declaration of Hu- man Rights, formally opened in December 1994. lt has the following goals: 1) to promote human rights in the Asia- Pacific region; 2) to convey Asia-Pacific perspectives on human rights to the international community; 3) to ensure inclusion of human rights principles in Japanese international cooperative activities; and 4) to raise human rights awareness among the people in Japan in meeting its growing interna- tionalization. In order to achieve these goals, HURIGHTS OSAKA has activities such as Information Han- dling, Research and Study, Education and Training, Publications, and Consultancy Services. FOCUS Asia-Pacific is designed to highlight significant issues and activities relating to human rights in the Asia-Pacific. Relevant information and articles can be sent to HURIGHTS OSAKA for inclusion in the next editions of the newsletter.

Sender: HURIGHTS OSAKA (Asia-Paciﬁc Human Rights Information Center) 8F, CE Nishihonmachi Bldg., 1-7-7 Nishihonmachi, Nishi-ku, Osaka 550-0005 Japan Phone: (816) 6543-7002 Fax: (816) 6543-7004 E-mail: [email protected] Website: www.hurights.or.jp HURIGHTS OSAKA