ASIAN HUMAN RIGHTS DEFENDER 1 Contents

Main Feature: A regional human rights mechanism for South Asia Establishing a Robust Regional Human Rights Mechanism ...... 4 FORUM-ASIA is a membership-based regional Kathmandu Declaration ...... 8 human rights organisation committed to the promotion SAARC and Human Rights ...... 10 and protection of all human rights including the right People’s SAARC: Enhancing inter-people to development. linkages towards alternative regionalization ...... 12 FORUM-ASIA was founded in 1991 in Manila Cooperation needed to challenge and its regional Secretariat has been located in Bangkok regional impunity ...... 14 since 1994. At present, FORUM-ASIA has 46 member organisations across Asia. Country Focus Lingering issues besetting democracy Head O ce Rue de Varembé 1, 2nd Floor, 1202 Geneva, in Pakistan ...... 17 Switzerland Thailand: Both sides must restrain from violence immediately ...... 20 Regional o ce Violence will not solve Thailand’s crisis ...... 23 Room 12-01 12th Floor., Times Square Building, A new hope for human rights in Japan? ...... 27 246 Sukhumvit Road, Between Soi 12-14, Klongtoey, Klongtoey, 10110 Bangkok, ASEAN and Human Rights ! ailand Assessing AICHR’s potential to protect Tel: +66 (0)2 653 2940-1 Fax: +66 (0)2 653 2942 Human Rights Defenders ...... 30

AICHR: Effective Rules of Procedures [email protected] • www.forum-asia.org needed to deal with violations ...... 32 Civil Society Proposal for the AICHR A H R Rules of Procedure ...... 33 Defender

Advocacy ! e Asian Human Rights Defender is the newsletter issued every four months by the Asian Emerging regional human rights Forum for Human Rights and Development infrastructure welcomed ...... 36 (FORUM-ASIA). NGOs raise regional priorities on human rights .....37 Editorial Team: Susan Loone • Edgardo P. The need is for protection not regulation ...... 38 Legaspi • Yap Swee Seng Sri Lanka: Violations by all parties need redress ...... 40 Domestic laws contradict international Issue Editors: Susan Loone • Edgardo P. Legaspi human rights standards ...... 41 Sta" Contributors: Emerlynne Gil • Gayoon Burma: International pressure must remain Baek • Surya Deuja • Toru Hisada to addresshuman rights violations ...... 42 Cambodia Government must act beyond Guest Contributors: Dr. Netra Prasad Timsina • Sushil Pyakurel • Zaman Khan • Penan Support ‘acceptance’ of UPR recommendations ...... 43 Group Features Design and layout: Wattana Sahaikaen Nepal activist wins 2010 Gwangju Prize Cover design: Edgardo P. Legaspi for Human Rights ...... 44 Human rights defender from India ! is publication is NOT for sale. It is distributed to receive human rights prize ...... 44 to our members and partners only, and NOT for commercial purpose. Contents of this publication Sri Lanka woman among 2010 may be freely quoted or reproduced, provided International Women of Courage awardees ...... 45 acknowledgement is made. 2010 Gwangju Asia Forum ...... 46 ! e views expressed in this publication may not necessarily re# ect the position of FORUM-ASIA. Comments and contributions are welcome.

2 VOL. 6 NO. 1 • JUNE 2010 Message from the Secretariat

Greetings from Bangkok! I am happy to share with you the latest issue of the Asian Human Rights Defender. Our main focus for this issue of the Asian Human Rights Defender is our recent e" orts to push for the creation of a regional human rights mechanism within the the South Asian Asso- ciation for Regional Cooperation (SAARC) community. We have initiated this discussion in hoping to generate momentum on this subject, even as the newly-established ASEAN Inter- Governmental Commission on Human Rights (AICHR) is still slowly unfolding its wings to be able to perform up to expectations amidst severe limitations in mandate and context. # e main activities conducted towards this goal are the “First Sub-regional Workshop on a South Asian Human Rights Mechanism” held in Kathmandu in March 2010, and the workshop on “Establishing Regional Human Rights Mechanism in South Asia” during the People’s SAARC parallel civil society activities to the 16th SAARC summit in April. FORUM-ASIA together with its members in this sub-region initiated this advocacy agenda because of the $ rm belief and long standing advocacy of the necessity of regional human rights mechanisms to complement and strengthen the international human rights system as enshrined in the Vienna Declaration and Plan of Action in 1993. We warmly welcomed the speech of Maldives Preseident Mohamed Nasheed, who also called for the establishment of a such a mechanism during the 16th SAARC Summit. More importantly, we believe that South Asia’s human rights situation demands a region- speci$ c response from this community of states, especially on transboundary issues requiring the collective cooperation of states in the region, such as tra% cking, migration, climate change, smuggling of arms, etc. Con& ict and discrimination are two major areas that can be addressed by a mechanism speci$ c to this sub-region. Nationally, ongoing or recently concluded armed con& icts have caused crises of democracy in almost all countries the region, and also long lists of cases of violations crying out for truth, accountability and justice which echo yearly in the UN system. Culturally, the issue of caste, ethnic, gender and/or religion- based discrimination contrasts starkly with claims of political and economic progress among countries in the region. But to be able to create such a mechanism, SAARC itself, like ASEAN, should $ rst for- malise as a regional organisation. Overcoming traditional political dynamics among its member states is the biggest obstacle in achieving this goal. As the biggest country in terms of population and economy, the onus for this initiative is with India. After hurdling this obstacle, it might be argued that the possibility for creating such a mechanism is not all that remote, and perhaps with a greater possibility than in Southeast Asia before 2005. Proportionally there are more democracies (at least as far as conducting direct elections) in South Asia, a bigger number of national human rights institutions, and more rati$ cations and signatures to international human rights treaties. While it is a separate matter to evaluate how deeply democracy and human rights norms are practised by SAARC countries or are actually experienced by the region’s diverse peoples, these formalities can be considered a good starting point. # is initiative relies on the support and push from South Asia’s vibrant civil society community, including the community of human rights defenders that have long demanded for a mechanism in the region. We shall join hands with them, and our partners elsewhere, in this advocacy agenda. With the other articles on our other advocacies at FORUM-ASIA, we hope this issue would, in one way or another, help you understand our work and its mission to build Asian solidarity to promote and protect all human rights for all. # ank you to all our contributors.

Yap Swee Seng Executive Director

ASIAN HUMAN RIGHTS DEFENDER 3 South Asia Regional Human Rights Mechanism

Establishing a Robust Regional Human Rights Mechanism in South Asia

by Surya Deuja

South Asia, as one of the most Asian region, unlike those existing regional organization could not even polarized and poverty ridden regions in other parts of the world such as hold its summits every year as stated in the world, is grappling with vio- Europe, Latin-America and Africa. in its Charter. # e 2010 SAARC lations and abuses of human rights. In another part of the region, the Summit in Bhutan was only its 16th On the one hand, governments in successful establishment of a human summit despite having existed for 25 this region lack e! ective initiatives rights body for the Association of years. in ful" lling their obligation to re- Southeast Asian Nations (ASEAN), In the name of national security spect, protect and promote human driven in part by the long e! orts of and economic considerations, the rights. # ey have refused to address the human rights defenders, has gen- governments in South Asia had been the regional political situation, illit- erated debate and discussion regard- unwilling to focus their attention on eracy and poverty, which are some ing the need for a regional mecha- human rights. # ey would rather look of the root causes of impunity, and nism in South Asia. at the development and economic lack of good governance and trans- agenda at SAARC and other inter- parency prevalent in South Asian SAARC governmental forums. # e SAARC countries. Moreover, internal con- countries have already signed several $ icts and state anti-terror measures # e South Asian Association for conventions on narcotics, combating have resulted in violations of human Regional Cooperation (SAARC) was tra% cking in women and children rights by the state and abuses by non- established in 1985 with the objec- for prostitution, promotion of child state actors. # e growing dominance tive of promoting regional coop- welfare, among other areas (See ar- of neo-liberal global economies has eration between seven South Asian ticle entitled “SAARC and human limited the role of states in ful" lling countries—Bangladesh, Bhutan, In- rights”). Similarly, several agreements its obligations to respect, protect and dia, Nepal, Maldives, Pakistan and have been signed on food security promote human rights. On the other Sri Lanka. However, continuing ten- and speci" c social issues. However, hand, there is growing realization sion and hostilities between di! erent there is no regional agreement which that the attainment of human rights countries of the region resulted in speci" cally focuses on human rights. is achieved through the continuous very little progress in terms of im- # e interventions of the vibrant struggle of the people for democratic proving exchanges, trade and com- civil society movement of South Asia rights. merce. SAARC has not been able to have contributed to increased aware- However, there is no regional hu- achieve its basic objective of promot- ness on human rights, including doc- man rights mechanism for the entire ing the regional cooperation. # e umentation of the violations com-

4 VOL. 6 NO. 1 • JUNE 2010 South Asia Regional Human Rights Mechanism

mitted by governments. However, has o$ cially rati# ed the ILO’s Indig- in the interests of national security concerted and consistent e! orts are enous and Tribal Peoples Conven- or in declarations of States of emer- necessary from the civil society orga- tion (No. 169) which guarantees the gency, such as the European system’s nizations and other key stakeholders “e! ective protection of [indigenous power of judicial review to determine to establish regional and sub-regional and tribal peoples] rights of owner- whether an emergency exists or not; institutions and mechanisms for the ship and possession” of land. (4) what happens in situations of promotion and protection of human On the positive side, Bangladesh con% ict between national law and rights. " erefore, there is a need for has recently rati# ed the Rome Stat- regional law, where usually, the latter debate and discussions to establish ute, making it the youngest member would prevail; (5) the extent of access such mechanisms in South Asia. of the International Criminal Court and inputs that non-governmental (ICC). Pakistan also rati# ed the IC- organisation (NGOs) have. Here, Ratiﬁ cation of International ESCR in 2008 and recently ICCPR, once again, for Europe NGO access Human Rights Law but has yet to do so for CAT. Of the was the most signi# cant. seven south Asian countries, only Recently, the recent success of Majority of the SAARC member Pakistan and Bhutan do not have Southeast Asia in establishing the states have yet to ratify the optional National Human Rights Institutions ASEAN Intergovernmental Com- protocols (OP) to the International (NHRIs). mission on Human Rights (AICHR) Convention on Civil and Political generated inspiration to the human Rights (ICCPR) and the Conven- Other Regional Mechanisms rights defenders in other parts of Asia tion on the Elimination of All Forms to advocate for other sub-regional of Discrimination Against Women Regional human rights mecha- human rights mechanisms. (CEDAW) which would enable the nisms exist in Europe, the Americas respective bodies to receive individu- and Africa. Regional instruments Initiatives for a Regional als complaints on violations of these are regarded to be an appropriate Mechanism in Asia treaties. Only Maldives and Nepal complement to the universal human have rati# ed both optional protocols, rights instruments of the United Na- " ere has been number of initia- while Sri Lanka has rati# ed only the tions. " ese agreements, for example, tives in Asia to establish a regional CEDAW OP. Among the SAARC give due to consideration for cultural human rights mechanism. For in- countries, Bhutan has still not rati- similarity within regions. Regional stance, representatives of NHRIs and # ed the ICCPR, the International mechanisms can also strengthen hu- NGOs from the Asia Paci# c region Convention on Economic, Social man rights protection and promo- met in Sri Lanka in 1999 to discuss and Cultural Rights (ICESCR), tion when States agree to be bound future cooperative e! orts. " e Work- and the Convention against Torture by decisions of regional judicial bod- shop through the Kandy Declaration (CAT). Sri Lanka is the only mem- ies like the European Court of Hu- on Cooperation between NGOs and ber to have rati# ed the Convention man Rights. NHRIs recognized the “crucial im- on the Rights of Migrant Workers " ere are many variations among portance of cooperation… in accor- (CMW). Only Nepal has rati# ed the the di! erent regional human rights dance to the Universal Declaration of Second Optional Protocol to the IC- systems. Still, a typical system com- Human Rights, international human CPR aimed at the abolition of the prises a charter, a commission and/ rights instruments and the Vienna death penalty . or a court. In 1990, Asia-Paci# c gov- Declaration.” " e Kandy Program of As for rati# ed treaties, implemen- ernments carefully examined three Action set out detailed structures and tation has been restricted by reserva- regional experiences of the African, mechanisms of cooperation and out- tions of some countries, following European and Inter-American ar- lined strategies for NGO-NHRI col- narrow interpretation of treaties re- rangements and noted # ve aspects laboration in the # elds of education, lated to the civil and political rights, on which regional systems di! er: complaints and investigations, public and limited willingness to imple- (1) the extent to which they go fur- enquiries, relations with legislatures, ment economic, social and cultural ther and adopt even more stringent legislation and the establishment rights and speci# c treaties such as standards than the international of new national institutions. Since the International Convention on the system; (2) the extent to which the Kandy, NGOs from the Asia Paci# c Elimination of All Forms of Racial standards and decisions are binding region have used the occasion of the Discrimination (ICERD). None of upon States or are merely persuasive; Asia Paci# c Forum of National Hu- the SAARC members except Nepal (3) the extent of limitations allowed man Rights Institutions (APF) annu-

ASIAN HUMAN RIGHTS DEFENDER 5 South Asia Regional Human Rights Mechanism

(From left to right) Rafendi Djamin, of the Indonesian representative to the ASEAN Inter-Governmental Commission on Human Rights (AICHR), Lenin Raghuvanshi, of the People’s Vigilance Committee on Human Rights (PVCHR) in India and Mr. Rory Mungen, of the Offi ce of the UN Hight commissioner on Human Rights (OHCHR) fi eld offi ce in Nepal, speak during a workshop session of the First Sub- regional Workshop on South Asian Human Rights mechanism.,

al meeting to hold parallel regional Establishing a regional mechanism risdictions and the international conferences on human rights and in South Asia system. NHRIs in the Asia Paci! c. • Overcome the lack of expertise " e establishment of the AICHR A robust human rights mecha- and experience in human rights has inspired representatives of hu- nism is necessary for the protection jurisprudence. man rights NGOs in South Asia to and promotion of human rights in • More e# ective implementation push for a regional mechanism for the region especially on common hu- and enforcement of human rights South Asia through the Kathmandu man rights issues including rights of norms and standards. Declaration 2010 ‘to call on the gov- the migrant workers, human tra$ ck- • Draw on the concepts and values ernments of South Asia to establish ing, minority rights and right to de- which are integral to the intellec- an independent, e# ective and ac- velopment. Such a mechanism could tual and religious traditions and countable regional human rights provide a less costly, more accessible world-views of South Asia. mechanism with an explicit mandate and e# ective redress alternative to • Address regional human rights of promoting, protecting and ful! ll- existing international processes and problems (e.g. tra$ cking, refu- ing human rights, through a process procedures. Some of the major op- gees and displaced persons, mi- of wide consultation with NGOs and portunities that could be addressed grant workers) more e# ectively. people’s movements at national and by a regional mechanism are as fol- • Establish credibility which would regional level”. Similarly, civil soci- lows: stem from being drawn up by gov- ety organizations organizing parallel • Overcome procedural and insti- ernments, scholars, lawyers and events under the People’s SAARC are tutional weaknesses and short- civil society representatives of the launching various activities for the comings of some domestic ju- region. regional mechanism at SAARC level. President Mo- hamed Nasheed in his address at the inaugural session of 16th SAARC Sum- mit in " impu, Bhutan has proposed that ‘SAARC should consider establishing a regional human rights mechanism ’.

Participants of the First Sub-regional Workshop on South Asian Human Rights mechanism.,

6 VOL. 6 NO. 1 • JUNE 2010 South Asia Regional Human Rights Mechanism

“On the issue of democracy and human rights, it is pleasing to note that South Asia is now a region of democracies. “However, we all face challenges consolidating democracy and strengthening human rights. “I believe SAARC should consider establishing a regional human rights mechanism, similar to the one being developed for the ASEAN region. “! is mechanism could help States promote and protect rights and freedoms in their jurisdiction. “It could ensure that international human rights laws are observed and implemented by SAARC members. “And such a mechanism could help people in our region develop a common understanding of universal human rights issues and perspectives.”

Quoted from the speech of Maldives President Mohamed Nasheed at the inaugural session of the 16th SAARC summit in Thimpu, Bhutan.

! ere are enormous challenges high time for the region’s vibrant civ- wary of calling for regional human in establishing human rights mech- il society to have collective voice for rights instruments and mechanisms anism in South Asia because of the the regional mechanism. ! e inter- because it might allow states to set legal and geo-political hurdles. ! e national community, including the standards far below those available politics of the South Asia have been United Nations O# ce of the High in international mechanisms, and a" ected heavily by the continuing Commissioner for Human Rights will lay the ground for the whittling tensions in the Indo-Pakistan rela- (OHCHR) and European Union down of rights and protections avail- tions. Similarly, there are number of (EU), should play supportive role able to the people of the region. issues in South Asia—such as water, for the establishment of the regional SAARC has regional agenda and migrant workers, tra# cking, minor- mechanism in South Asia in order to mechanisms on development related ity and indigenous community, refu- address the regional human rights is- matters but it is high time for SAARC gees and border disputes—which are sues and concerns. to have one focused agenda for a hu- also contentious issues which need man rights mechanism. Regional hu- to be settled through bilateral and Conclusion man right organizations should con- multi-lateral mechanisms. Climate tinue pushing the agenda for regional change and ecological degradation SAARC’s commitment to pro- human rights mechanism at the na- have become threats common to the tecting human rights is not sup- tional, regional and international fo- region, not to mention the rest of the ported in the SAARC Charter and rum through concerted e" ort, shared planet. other regional documents, except vision and common strategies. In this context, working towards partially in two conventions related establishment of the regional mecha- to tra# cking and the welfare of the nism in South Asia will be a long and children. However, human rights di# cult journey. However, it is the organizations and activists must be

ASIAN HUMAN RIGHTS DEFENDER 7 South Asia Regional Human Rights Mechanism Kathmandu Declaration

Outcome document of the First Sub-Regional Workshop on a South Asian Human Rights Mechanism 25 March 2010, Kathmandu, Nepal

We, the seventy representatives cooperation within their respective in the ! eld of human rights do not of non-governmental organizations political and economic systems; yet exist to consider agreements with and people’s movements from Ban- a view towards the establishment gladesh, Bhutan, India, Indone- Taking note that Article 4 of the within their respective regions of sia, Malaysia, Nepal, Pakistan and SAARC Charter stipulates as one of suitable regional machinery for the Sri Lanka at the ! rst Sub-Regional the objectives of the SAARC promo- promotion and protection of human Workshop on a South Asia Human tion of the welfare of the peoples of rights; Rights Mechanism, gathered together South Asia and the improvement of in Kathmandu, Nepal from 24 – 25 their quality of life; Recalling the Vienna Declaration March, 2010, with the participation and Plan of Action (1993) which of representatives from OHCHR, to Welcoming the promotion of SAARC member states endorsed, critically discuss the prospects and universal respect for observance and reiterated the need to consider the strategies of advancing human rights protection of human rights and fun- possibility of establishing regional promotion and protection through damental freedoms for all, in particu- and sub-regional arrangements for regional cooperation towards the es- lar the right to development, gender the promotion and protection of hu- tablishment of South Asian human equality, welfare and interest of chil- man rights where they do not already rights mechanisms. dren and youth, promotion of social exist; integration and strengthening of civil Rea" rming the long tradition society as stipulated in Article 2.xii. Taking note that the SAARC and history of the people’s move- of the Social Charter of SAARC ad- governments will be meeting for the ments and non-governmental orga- opted on 4th January 2004; 16th SAARC Summit to be hosted nizations in South Asia struggling by the Bhutanese government in for democracy, human rights, justice Recalling the adoption of the # impu, on the 28th and 29th April and peace, including various ini- SAARC Convention on Preventing 2010; tiatives under the People’s SAARC and Combating Tra" cking in Wom- process in holding governments of en and Children for Prostitution, Taking note that the next inter- SAARC accountable; SAARC Convention on Regional governmental meeting of the Asia Arrangement for the Promotion of Paci! c Framework on Regional Ar- Taking note that the SAARC Child Welfare in South Asia, Agree- rangement on the Promotion and Charter adopted on 8th December ment on Establishing the SAARC Protection of Human Rights will be 1985, expresses in Article 1 the vision Food Security Reserve; organized by the O" ce of the High of promoting peace, stability, amity Commissioner for Human Rights, and progress in the region; and in Recalling the UNGA Resolution and to be hosted by # ailand gov- Article 3 awareness of the common 32/127(1977) and Commission on ernment in Bangkok on 21-23 April problems, interests and aspirations Human Rights Resolution 24 (XXX- 2010; of the peoples of South Asia and the IV) (1978) on the appeals to States need for joint action and enhanced in areas where regional arrangements

8 VOL. 6 NO. 1 • JUNE 2010 South Asia Regional Human Rights Mechanism

dependent and e$ ective regional human rights mechanism to address human rights challenges faced by the countries in the region;

• to establish a working group to develop common strategies and e$ ective cooperation among non- governmental organizations and people’s movements on capacity building, collective advocacy, lobby and joint strategies towards the establishment of a regional human rights mechanism in Particpants of the First Subregional Workshop on South Asian Human Rights Mechanism the region and to continue presented the Kathmandu Declaration to Nepal Prime Minister Madhav Kumar Nepal (centre). encourage more groups, including marginalized com- Expressing grave concerns that of all forms of discrimination, in- munities, to participate in the widespread and systematic human cluding religious intolerance. process; rights violations, inter-state and in- tra-state con! icts continue to plague Noting that SAARC must ad- • to call on the governments of the region and hinder the enjoyment dress pressing multilateral issues that South Asia to establish an inde- of peace, justice, democracy and a includes hunger, unemployment, pendent, e$ ective and accountable better quality of life by the peoples and violence against women and regional human rights mechanism in the region; children. with an explicit mandates of promoting, protecting and ful# lling Welcoming initiatives of Nepali Resolved in the meeting: human rights, through a process of Human Rights NGOs through the wide consultation with non-gov- Magna Meet held on 10 December • for the need to further strengthen ernmental organizations, people 2009 for the establishment of re- the cooperation and solidarity movements at the national and regional human rights mechanism in among human rights organiza- gional level; South Asia; tions, non-governmental organizations and people’s movements • to call on the national human Recalling that SAARC countries of South Asian countries on a rights institutions in Bangladesh, continue to a" rm the universal prin- shared vision for the protection India, Nepal, Sri Lanka, Maldives ciples and values of human rights in and promotion of human rights and Afghanistan to forge closer a number of international instru- in the region; and more systematic coopera- ments and in SAARC summit dec- tion among themselves to address larations and are obliged to respect • to support peoples’ processes in cross-border human rights viola- those principles, including the right the region in strengthening peo- tions and support the develop- to health, education, food, water, ple to people solidarity in order ment of regional human rights development, and to be free from to make SAARC governments ac- mechanism in South Asia; tra" cking with speci# c reference to countable and to work in coopera- women, children, youth, and mi- tion with these peoples’ processes; • to call on Pakistan and Bhutan to grant workers. form as soon as possible national • to continue the work towards human rights institutions in con- Recognizing the need for SAARC the establishment of an e$ ective formity with the Paris Principles. to adopt a rights-based and gender- regional human rights network sensitive approach to the elimination among the civil society and an in-

ASIAN HUMAN RIGHTS DEFENDER 9 South Asia Regional Human Rights Mechanism SAARC and Human Rights

Ratiﬁ cation of UN human rights treaties by SAARC member states CAT CCPR CCPR CESCR CEDAW Country CERD CCPR CESCR CEDAW CAT OP OP OP2 OP OP

Afghanistan 6 Jul 83 24 Jan 83 24 Jan 83 5 Mar 03 1 Apr 87 Bangladesh 11 Jun 79 6 Sep 00 5 Oct 98 6 Nov 84 6 Sep 00 5 Oct 98 Bhutan S:26 Mar 73 31 Aug 81 India 03 Dec 68 10 Apr 79 10 Apr 79 9 Jul 93 14 Oct 97 Maldives 24 Apr 84 19 Sep 06 19 Sep 06 19 Sep 06 1 Jul 93 12 Mar 06 20 Apr 04 15 Sep 06 Nepal 30 Jan 71 14 May 91 14 May 91 04 Mar 98 14 May 91 22 Apr 91 15 Jun 07 14 May 91 Pakistan 21 Sep 66 23 Jun 10 17 Apr 08 12 Mar 96 S:17 Apr 08 Sri Lanka 18 Feb 82 11 Jun 80 11 Jun 80 5 Oct 81 15 Oct 02 3 Jan 94 Total Ratiﬁ cation 7/8 6/8 2/8 1/8 7/8 0/8 8/8 4/8 6/8 1/8 by treaty

Notes: Source: www.bayefsky.com, www.icc-cpi.int S - signed only, not ratifi ed Most Ratifi cations: Bangladesh (12 CERD - Convention on the Elimination of All Forms of Racial Discrimination out of 18 treaties) CCPR - International Covenant on Civil and Political Rights CCPR OP - Optional Protocol to the International Covenant on Least Ratifi cations: Bhutan (3) Civil and Political Rights CCPR OP2 - Second Optional Protocol to the International Most Ratifi ed Treaties: CEDAW, Covenant on Civil and Political Rights CESCR - International Covenant on Economic, Social and Cultural CRC (all 8 countries) Rights CESCR OP - Optional Protocol to the International Covenant on Least Ratifi ed Treaty: Convention Economic, Social and Cultural Rights on Enforced Disappearances (0, with 2 CEDAW - Convention on the Elimination of All Forms of Discrimination Against Women signatures) CEDAW OP - Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women Most Signatures (not ratifi ca- CAT - Convention Against Torture, and Other Cruel, Inhuman or tions): Pakistan Degrading Treatment or Punishment CAT OP - Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Countries with a National Human CRC - Convention on The Rights of the Child Rights Insitutition: Afghanistan, Ban- CRC OP AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed confl ict gladesh, India, Nepal, Sri Lanka (5) CRC OP SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child Elections: India (population 1.2 bil- pornography lion) is most populous country in the CMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families world that holds direct elections. Bhu- CPD - Convention on the Rights of Persons with Disabilities tan (population 691,000) held it’s fi rst CPD OP - Optional Protocol to the Convention on the Rights of Persons with Disabilities elections in 2008; it was previously an CED - International Convention for the Protection of All Persons from Enforced Disappearance absolute monarchy. ICC - Rome Statute of the International Criminal Court

10 VOL. 6 NO. 1 • JUNE 2010 South Asia Regional Human Rights Mechanism

Total CRC CRC CPD Country CRC CMW CPD CED ICC Ratiﬁ cation OP AC OP SC OP by country Afghanistan 20 Mar 93 24 Sep 03 19 Sep 02 10 Feb 03 9/18 Bangladesh 3 Aug 90 6 Sep 00 6 Sep 00 S: 7 Oct 98 30 Nov 07 12 May 08 23 Mar 10 12/18 Bhutan 1 Aug 90 S: 15 Sep 05 29 Oct 09 3/18 India 11 Dec 92 30 Nov 05 16 Aug 05 1 Oct 07 S: 6 Feb 07 8/18 Maldives 11 Feb 91 29 Dec 04 10 May 02 S: 2 Dec 07 S: 6 Feb 07 11/18 Nepal 11 Sep 90 3 Jan 07 20 Jan 07 S: 3 Jan 08 S: 2 Jan 08 11/18 Pakistan 12 Nov 90 S: 26 Sep 01 S: 26 Sep 01 S: 25 Sep 08 5/18 Sri Lanka 12 Jul 91 11 Mar 96 S: 30 Mar 07 8/18 Total Ratiﬁ cation 8/8 5/8 7/8 1/8 2/8 1/8 0/8 2/8 by treaty

SAARC Conventions and Agreements SAARC Conventions Only one of the 14 • SAARC Convention on Combating and Prevention of Tra! cking in Women and Children for Prostitution SAARC conventions • Convention on Promotion of Welfare of Children and agreements can be • Convention on Mutual Assistance on Criminal Matters, July 2008 considered a human rights • SAARC Convention on Narcotics Drugs • SAARC Regional Convention on Suppression of Terrorism mechanism. • Additional Protocol on Terrorism, Jan 2004 Most conventions relate SAARC Agreements to cross-border issues and • Agreement for establishment of SAARC Arbitration Council • Final Agreement on Avoidance of Double Taxation cooperation related to • Final Agreement on Customs Matters crime. • Charter of the SAARC Development Fund (SDF) • Agreement on establishing the SAARC food bank All agreements relate to • Agreement on South Asian Free Trade Area (SAFTA) • Agreement on the Establishment of South Asian Regional Stan- economic matters. dards Organisation (SARSO) • Agreement on Avoidance of Double Taxation

The full texts of these agreements and conventions can be found at http://www. saarc-sec.org.

ASIAN HUMAN RIGHTS DEFENDER 11 South Asia Regional Human Rights Mechanism

South Asian People’s Assembly or People’s SAARC Enhancing inter-people linkages towards alternative regionalization

by Dr. Netra Prasad Timsina President, NGO Federation of Nepal

! e people of South Asia share as well as to create a culture of friend- ic, social and cultural rights. a contiguous geographical space, so- ship, mutual trust, mutual under- ! e present crisis calls for a new cial and cultural history that shapes standing, con# dence and economic response. ! e regionalization of the people’s lifestyles, belief systems, cooperation between the countries of South Asia and its people, buttressed cultural specialties, material practices this region. by the Structural Adjustment Policies and social relationships in the re- ! e people welcomed the forma- (SAP) spell doom on the economic gion. ! erefore, these belief systems tion of SAARC across the region as front. It represents a threat to de- and cultural practices have been in- it aroused the hopes and aspiration mocracy and unleashes the demon of " uenced by each other. It is unfor- amongst them for a better South communalism, thus increasing dis- tunate that the rulers of countries Asia. It was hoped that SAARC parity and discrimination. It erodes of this region have kept the people would enhance inter-people linkages livelihood opportunities, withdraws apart through the creation of walls to build a vibrant socio-political re- existing services and facilities, and of suspicion, hostility, intolerance, gion. People dreamed of a new era instead encourages militarization dis- and misinformation and the pre- of prosperity of qualitatively more and gender violence, bringing forth vention of interaction amongst the humane, egalitarian, secular, demo- social and cultural deprivation. ! is people in order to maintain control cratic, ecologically balanced, social- process further reinforces and recon- over their societies. ! is has resulted ly just and sustainable South Asia. stitutes the older form of exploitative in fraudulent legitimization of the However, contrary to expectations, and oppressive structures in innova- system of operation and exploita- the SAARC failed to ful# ll the prom- tive forms. All this is of course, in the tion. ! is system also creates ideal ised goals of a better South Asia. name of progress, modernization and conditions for the advancement of Instead, economic policies pursued reform. paranoia, war hysteria, and militari- by ruling classes and parties of the ! us, with the o$ cial SAARC zation, proliferation of nuclear weap- region created a condition of exclu- being unable to ful# ll its promises, ons and dominance of the security sion and marginalization, and denial the idea of People’s SAARC " oated forces along an ultra-nationalist ide- of rights, justice and democratic free- almost a decade ago. ! e South ology, which self-righteously curbs dom for the majority of the masses in Asian Alliance for Poverty Eradica- the democratic debate and dissent the region. Consequently, South Asia tion (SAAPE) and other like-minded on many vital issues. and its people now stand at a critical organizations discussed and deliber- ! e establisment of the South crossroads in the very testing history ated in several form on this idea and Asian Association for Regional Co- of the region. ! e logic and the trust on the nature, role and objectives of operation (SAARC) was expected to of its policies and programs have led the People’s SAARC. overcome the traditional geographi- to the surrender of the sovereignty of People’s solidarity in South Asia cal hostilities, rivalries, and con" icts the peoples, including their econom- must legitimately cherish the vision

12 VOL. 6 NO. 1 • JUNE 2010 South Asia Regional Human Rights Mechanism

Pushing for a South Asian human rights mechanism and perspective of an alternative political, social, economic and cultural with People’s SAARC. system in the region which will do away with all the discrimination as- sociated with gender, caste, religion, language and ethnicity. Solidarity will lead to a situation free from exploitation and oppression; will inau- gurate a climate in which each individual will have the opportunity to realize the full development of her or his human potential; will restore the balance and harmony with nature; will liquidate the arti! cial and inhuman barriers that divide lands, col- lectivities and minds and transcend all boundaries. Such a South Asia must be the goal of the people of this region and of their solidarity. As a process, we feel that the people of South Asia should come A half-day workshop on “Establishing Regional Human Rights Mechanism in South Asia: together to face the challenge of Challenges and Way Forward” was conducted during the People’s SAARC events in combating marginalization of the New Delhi on 21 April 2010. Thirty ﬁ ve participants including human rights defenders, vulnerable groups, degradation of policy makers and civil society activists attended the FORUM-ASIA-organised environment, communal division workshop. and fragmentation through wider sharing of ideas, experiences and and proportional participation of called “war on terror”; forging solidarity across the borders. women at all levels of state and • Declare 2007-2017 as SAARC With this rationale, People’s civil society institutions Dalits rights decade; SAARC (also known as South Asian • guarantee women to be free from • ensure rights of the children; in- People’s Assembly) was organized in all kinds of discrimination and clude child rights in school curri- 2007 in Kathmandu and 2008 in live a life without any form of cula and declare children as Zones Colombo as larger mobilization and violence; considering women’s of Peace; convergence of social movements, right to their body, sexuality and • respect and recognize the identity women and Dalit movements, trade reproduction and make special of South Asian indigenous peo- unions, peasant organizations, in- provision for women’s access to ples and ensure their social, politi- digenous people’s organizations and health care from women’s per- cal, economic and cultural rights other various groups of the socially- spective; in the constitution; excluded in the region. • guarantee sovereign rights of the • free the region from all forms of people for food bonded labour system; People’s SAARC and Human • make ! rm commitments regard- • setup a regional institutions and Rights ing state obligations to provide mechanisms such as a South Asian health, education and basic needs; Tribunal of Justice to address hu- " e 36-point declaration in 2007 • SAARC states to ensure enforce- man rights violations. " ose re- and 17-point declaration in 2008 ment of Core Labour Rights at sponsible for war crimes and were made during the People SAARC work places including Special crimes against humanity must be activities in Kathmandu and Co- Economic Zones (SEZs) and the prosecuted. lombo, respectively. Speci! c points informal sector; related to human rights include: • stop using state force against their • strengthen and institutionalize de- own citizens in the name of so mocracy, human rights and justice

ASIAN HUMAN RIGHTS DEFENDER 13 South Asia Regional Human Rights Mechanism

National Human Rights Institutions (NHRIs) in South Asia Cooperation needed to challenge regional impunity by Sushil Pyakurel

South Asia is a region of plural- endemic, institutionalized and in be said that NHRIs are not in any ity in terms of culture, language, many cases legalized. In the absence position to challenge the increasing economic development, climate of a common forum or mechanism culture of impunity in the region. and environment. ! e abolition of for protection and promotion, hu- A quick scan of the human rights dictatorial and military regimes in man rights violations have become situation and role of the NHRIs of South Asia opened a way to establish integral to counter-insurgency op- the SAARC countries are brie# y dis- a democratic system in most of the erations conducted by the military. cussed as follows: countries in the region. ! e other ! ough some countries in the South side of the story is that this is the re- Asian Association for Regional Co- India gion of where millions of people are operation (SAARC) such as India, India, as “the largest democracy forced to live under absolute poverty. Nepal, Sri Lanka and Bangladesh in South Asia”, considerably lacks a Exclusion, exploitation and social in- and Afghanistan have relatively au- high ranking in its human rights re- justice are rampant in each country. tonomous o" cial statutory institu- cord, despite the fact that India was Impunity and lack of accountability, tions, human rights violations are the $ rst nation to establish a Na- as well as extra-judicial killing, tor- routinely perpetrated in police de- tional Human Right Commission ture, disappearance and other forms tention, including the routine use among the South Asian countries. of human rights violations, includ- of torture across the region. Security ! e Commission came into exis- ing from armed insurgencies, have laws tend to be poorly framed, rou- tence in October 1993, by virtue of become very common phenomena tinely abused and used as blanket to the Protection of Human Rights Act in most of the countries of South cover and silence legitimate dissent 1993. Among the 28 Indian states, Asia. Human rights violations are rather than to tackle security. 14 had set up their own human rights part of an inherited legacy. South ! is paper will discuss the sa- commissions to deal with violations Asian criminal and penal laws and lient features of the human rights within their jurisdiction. However, their accompanying institutions and situation of the South Asian region, the growing Naxalist insurgency has institutional practices derive from and prospects and challenges of the intensi$ ed killing, displacement, vio- archaic and punitive colonial legisla- national human rights institutions lence against minorities and security tion and are still largely an institu- (NHRIs) in the context an advocacy actions by the government. Rampant tional practice for a regional human rights mecha- impunity is one of the growing of the A pro-active role of the NHRIs nism in South Asia. human rights challenges. has been lacking in spite of the poor human rights record in the region. NHRIs in South Asia Afghanistan ! is, however, has necessitated the ! e American and allied troops creation of a solidarity network of Taking into account the sluggish have been in Afghanistan to $ ght human rights across borders. A re- operations, lack of autonomy and against so-called “terrorists”. In a gional analysis shows a high level of state-controlled/manipulated func- span of half a decade, millions of ci- commonality in patterns of human tion of the national human rights vilians have been displaced, tens of rights violations: discrimination is institutions in South Asia, it could thousands of people have been killed,

14 VOL. 6 NO. 1 • JUNE 2010 South Asia Regional Human Rights Mechanism

and civil war has erupted. ! e dete- Bhutan Bangladesh riorating security situation severely More than 100,000 Bhutanese Bangladesh is in continuous po- hampers the enjoyment of human refugees in Nepal have been unable litical instability with an increasing rights throughout the country, par- to enjoy their right to return to their number of human rights violation ticularly by vulnerable people such homeland. ! ey are instead forced to cases including extra-judicial kill- as women, children, persons with choose a third country for resettle- ing, torture and several other forms disabilities and internally displaced ment. ! is and the lack of a demo- of violations. ! e climate of impu- persons. In this crucial context, the cratic system are some of the human nity remains a serious obstacle to end Government established the Afghan- rights issues in Bhutan. ! at even human right abuse and killings. In istan Independent Human Rights human rights defenders or jurists March 2007, the government formed Commission (AIHRC) in 2002. dare not to travel abroad to share on the Human Rights Commission that their country’s situation also re# ects has yet to show active protection of Pakistan the Bhutan’s human rights situation. human rights Bangladeshi citizens. Although the people of Pakistan replaced the military government in Sri Lanka In this context, while examining 2007, the human rights situation has In Sri Lanka, civil war between the role of NHRIs as a mechanism yet to progress as promised by the Liberation Tigers of Tamil Eelam for the protection and promotion of government. ! e death penalty re- (LTTE) and the government pre- human rights in the South Asia, it mains widely used. In the interior re- vailed for two decades leading to- could be argued that they have done gions, the imposition of war against wards repression and rampant en- very little to resist rampant viola- its own citizens in the name of " ght- forced disappearances. In between, tions. Showing a long legacy of loyal- ing against the Taliban have resulted the Sri Lankan government initiated ty to their political patrons, members in the forced displacement of thou- to form a national human rights in- of the commissions often turn their sands. stitution in 1996 to address the hu- eyes away from serious cases. Even man rights concerns of its citizens. in the transitional context when ten- Nepal However, the democratic processes sions are high, the NHRIs in the ! e campaign for the establish- are increasingly restricted in the SAARC region tend to take a back ment of a national human right in- name of security, resulting in human seat in comparison to initiatives of stitution was initiated even before rights and the rule of law being in- civil society. the CPN (Maoist) armed insurgency creasingly undermined. in Nepal. However, the necessity of a human rights mechanism was felt more rigorously with the escalation of Tamil refugees from the war against the LTTE. armed con# ict and the massive violations of human rights. In May 2000, the National Human Rights Com- mission (NHRC) was formed four years after the promulgation of the National Human Right Commission Act in 1997. Notwithstanding the establishment of the NHRC as constitutional body, the achievement of the republican system and the Con- stituent Assembly, there has not been any success in guaranteeing a human rights friendly state; impunity has been growing even more rampantly and none of the past cases of human rights violations has been investigated properly.

ASIAN HUMAN RIGHTS DEFENDER 15 South Asia Regional Human Rights Mechanism

Prospects and Challenges al human rights institutions across mechanism to collectively deal with the region. For example, in August the issues of impunity could be a Regional human rights systems, 2003, the National Human Rights step forward. However, their inde- consisting of regional instruments Commission (NHRC) of Nepal led pendence, impartiality to investigate, and mechanisms, play an important an unprecedented investigation into capacity to make recommendations role in the promotion and protec- an alleged massacre in a place known to concerned authorities and guaran- tion of human rights. Regional hu- as Doramba and made public its # nd- tee to make perpetrators accountable man rights instruments (e.g. treaties, ings that the then Royal Nepal Army should be a pre-condition to develop conventions, and declarations) help (RNA, now ‘Nepal Army’) was re- any regional mechanism. Autonomy to particularize international human sponsible for the extrajudicial killing should be the heart of all national rights norms and standards to re! ect of 19 suspected Maoists. " is report human rights institutions. And they the particular human rights concerns on the Doramba Case is one example should, as argued by a Bangladeshi of the region. Regional human rights of how an NHRI can play an im- scholar Dr Abdullah Al Faruque, be mechanisms (e.g. commissions, spe- portant role in investigation of grave free from four `Cs’ - collusion, cor- cial rapporteurs, and courts) then violation of human rights. It further ruption, clientism and caprice’. help to implement these instruments showed that the will power of an insti- All SAARC members without on reasl issues and cases. tution’s leadership plays a signi# cant human rights commissions must " ere is no formal linkage among role in protecting human rights. " e work to create one. the NHRIs of South Asia except for NHRC faced RNA o$ cials’ ridicule, A strong and sincere political the annual meeting of the Asia Pacif- threats of dismissal, and denials in the will is essential to develop a sub-re- ic Forum of National Human Rights months following the release of the gional human mechanism that can Institutions (APF). While solutions report, as well as alleged threats and increase institutional accountability, to these human rights issues in South attempts to undermine further inves- enhance legitimacy, and increase Asian countries are based on the na- tigation. It demonstrates the limits public ownership and acceptability tional level, regional mechanisms on imposed on courageous commission- at large. However, it would be NHRIs could serve as a powerful ers by an overarching system of im- worthless to create any parallel tool to address human rights viola- punity, re! ected in the resistance of structure or one which overlaps with tions in each country. " ere is a need the armed forces to inquiry, the lack ongoing e% orts. " ere is an urgent to develop a sub-regional mechanism of su$ cient structural support (in- need to # nd the ways to create com- in South Asia that can link national cluding funding) to the NHRC itself, mon regional institution or mecha- human rights institutions. " e value competing mandates of other bodies nism to monitor adherence and im- of such a regional machinery lies in that lack independence, restrictions plementation of various human its capacity to contextualize interna- on looking into matters of military rights conventions, charters and tional standards and to enhance their jurisdiction, and lack of impartiality treaties signed by the member coun- cross-cultural appeal and applicabil- of some commissioners. tries; and a collective e% ort to bring ity. A regional machinery can # ll the NHRIs together in order to provide gaps in open-ended international Conclusion redress to the victims of human norms, and address particular shared rights abuses and impose sanctions concerns on human rights issues in It is essential for NHRIs to de- on the perpetrators, whether state or the region. It provides an additional velop a common strategy to keep in non-state actors. All SAARC mem- avenue for NHRIs to play a catalytic check state-sponsored human rights bers that must ensure that their role in shaping a rights framework violations as well as abuses com- NHRIs comply with the minimum at the national level. It could create mitted by the non-state actors. " e standards set out by the Paris Prin- a sense of solidarity among national proactive actions undertaken by the ciples in order to responsibly and ef- institutions to collectively deal with Nepali NHRC to hold non-state fectively carry out their duties so culture of impunity and other urgent actors accountable under the Ge- that they can play double roles as re- human rights problems in a more neva Conventions could be a lesson gional actor and as a national actors. strategic way. for the other national institutions " ere are some unprecedented across the region. " us, discussion proactive actions taken by the nation- to identify possible structure and

16 VOL. 6 NO. 1 • JUNE 2010 Country Focus

Lingering issues besetting democracy in Pakistan by Zaman Khan Human Rights Commission of Pakistan

! e Preamble of the Constitution of Pakistan guarantees “fundamental rights, including equality of status, of opportunity and before laws, socio-economic and political justice, and freedom of thoughts, expression, belief, faith, worship and associa- tions, subject to laws and public mo- rality”, and that “independence of judiciary shall be fully secured.”

Political situation

Since March 2008, Pakistan’s government became a kind of democracy since the army was forced to A woman kisses the image of her disappeared relative. relinquish its rule and made way for (Source: [email protected]) the people’s representatives to hold power. At present, however, the mili- The Judiciary domestic violence and acid attacks tary seems to be back in the saddles shot up in 2009. and calling the shots. ! ere is a tussle In the absence of vibrant civil so- going on between di" erent organs ciety organizations and strong, mass- Law Making of the states, particularly the execu- based political parties, the Supreme tive and judiciary. Meanwhile, the Court has had to deal with such issues ! e performance of parliament Constitutional Amendment Com- as consumer rights and sugar prices. has been very poor in 2009, during mittee was reported to have reached Chaudhry Iftikhar and other which it passed only four acts. Most a consensus and is about to present judges of the Superior Courts dis- of the legislation is still done done its work to parliament. ! e major missed by General Musharraf were through Presidential ordinance, of amendment being proposed is to reinstated. ! e Supreme Court de- which 61 were issued in 2009. give the Prime Minister the role of clared illegal imposition of emergen- ! e National Reconciliation Or- a real chief executive of the country. cy by Musharraf in November 2007. dinance (NRO) was introduced in ! is would mean democracy would Still, there is rampant corruption parliament but later on withdrawn. function smoothly, but so far it is the at the lower levels of the judiciary, It was declared illegal by the Su- President enjoying the powers of the where long delays in serving justice preme Court. then-military dictator General Per- are a normal practice. ! e failure of Parliament passed a bill giving ap- vez Musharraf. the criminal justice administration is proval of ‘Nizam-e-Adl Regulation also re# ected in the increased inci- 2009’ for the Malakand Region to dence of crimes against women. ! e establish a religious court. number of honour killings, rapes, ! e parliament adopted two bills to protect women: on domestic vio-

ASIAN HUMAN RIGHTS DEFENDER 17 Country Focus

lence and sexual harassment of wom- US drone attacks against the mili- Due to alleged torture by prison en at the work place tants also kill many civilians. sta$ , as many as 54 prisoners have died and 156 injured in jails. Among Conﬂ ict Law and Order the most prominent of these cases is the one of Fanish Masih, a Christian ! ere is a kind of civil war going ! e police is corrupt and ine" - youth accused of blasphemy. on in Pakistan, mainly characterized cient to the core and violates human by dastardly terrorist attacks and re- rights with impunity. ! ey publicly Religious minorities sulting in the killing of many inno- torture people. cent people. Law enforcement agen- Some 164 incidents of “target ! e year 2009 saw an increase in cies still use extra-judicial actions to killings” took place in Balochistan, violent attacks on religious minori- deal with the situation. which killed 118 citizens and 158 ties while the government failed to Coming under attack from the se- security o" cials. In Karachi, 747 take e$ ective preventive measures. curity forces in their bastion is Swat persons were killed out of which 291 An outright disrespect for free- and South Waziristan, religious mili- were target killings, with 209 of the dom of religion, both by the state tant groups have become desperate. victims being political activists. and non-state actors, including com- ! ey no longer spare mosques, ba- In Punjab, 253 people were killed munal elements was also visible in zaars, religious madrasas, seminaries in “police encounters”, including 28 the crimes and excesses perpetrated and educational institutions. policemen. In Sindh 74 suspects and against religious minorities. According to uno" cial # gures, 52 policemen were killed in encoun- Police apparently looked away as 2,586 incidents of terrorism took ters. gangsters went on rampage in Gojra place, in which 3,021 people were Kidnapping for ransom is ram- against Christians, and in Karachi killed and 7,334 injured. pant 2009, including 224 cases in against Shia Muslims, where they ! e principle that military op- Punjab, 163 in Sindh and 241 in Ba- looted and destroyed the properties erations against terrorists should be lochistan. of innocent businessmen. A Muslim carried out in a manner that does Suicides totaled 1,668 cases re- factory owner in Muridke was bru- not violate human rights of both ported from all over Pakistan. tally murdered by the mob in broad combatants and non-combatants is daylight, in the presence of police. not always observed. In the after- Disappearances and Detention Shias have been target of terror- math of operations in Swat Valley, ist attacks by religious extremists, HRCP received complaints of extra- Although present regime claims particularly in Parachanar, Karachi judicial killings and on the discovery that there are no disappearances, and Dera Ismail Khan. In Baloch- of mass graves in the Malakand re- the fact is that lots of people are still istan, the Hazara Shia community gion. HRCP conducted a high-level missing. ! eir cases are still pending had been under attack by sectarian fact-# nding and also demanded a in the Supreme Court of Pakistan. It militants in the last six years. More parliamentary inquiry into these al- is a widely known fact that law en- than 260 people belonging to Haz- legations. forcement o" cers all over Pakistan, ara community in Quetta died from Military operations against the and particularly in Balochistan, often target killings and more than 1,000 militants have driven hundreds pick up people from and keep them injured since 2003. of thousands of people from their in illegal detention. Ahmadis are the most vulnerable homes, creating a massive humani- An informal moratorium re- community. ! ey continue to face tarian crisis. Presently, some 1.25 mained on the implementation of discrimination and violence with # ve million people from the strife ridden the death penalty, even though 276 Ahmadis becoming the victims of tribal areas are still displaced. ! e were meted the death sentence in target killing in 2009. government, international donors 2009. Some 7,700 persons are on As the militancy surged in North and civil society need to make de- death row. Waziristan, thousands of Christians termined e$ orts to help to internally ! ere are 86 jails with 81,409 pris- were forced to migrate from Swat displaced persons (IDPs). Any mis- oners in Pakistan, despite having a ca- and tribal areas, Peshawar, Mardan, handling of IDPs could provide mili- pacity for only 41,500 prisoners. and Nowshera. tant organizations an opportunity to ! ere are around 1,800 juvenile About 80% of Hindu women do # nd new recruits from amongst the prisoners, majority of whom are un- not possess national identity cards up-rooted and frustrated young men. der trial.

18 VOL. 6 NO. 1 • JUNE 2010 Country Focus

and therefore did not have the right to vote. Due to the absence of pa- pers, persons from the low Hindu castes could not get their marriage registered.

Freedom of Expression

In 2009, seven journalist were killed while performing their duty, bring to a total of 45 journalists killed since 2001. ! ere is complete censorship in Balochistan.

Women

According to the HRCP database, Pakistani women workers at a Labour Day Rally. violence against women registered a (Source: APP Photo by Muhamad Razman) sharp increase during 2009. A total of 1,404 women were murdered, including 647 women in honor kill- Restriction on trade union activi- Health ings; 928 cases of rape were report- ties is a permanent feature of indus- ed; 563 women committed suicide, trial sector. Pakistan is currently spending while 253 attempted suicide; 153 According to National Trade only about 15 USD per capita in the women were victim of burning. Union Federation, the two labor health sector. Domestic violence cases (includ- courts in Lahore had been without a ing torture, beating, shaving, ampu- judge for the last few years. Positive Aspects tation, and murder attempts) shot up from 137 in 2008 to 205 in 2009. Children Despite not a very rosy picture of However, data from the Aurut Foun- human rights situation in Pakistan, dation reported that 608 cases of do- Some 3.5 million children con- a large number of civil society or- mestic violence took place. tinue working as labourers in the ganizations are working for human country in a blatant violation of the rights. Labour Constitution. ! e government has ! e present government can take stopped taking interest in the educa- credit for giving autonomous status In 2009 socio-economic condition and health care of the children, to Northern Areas (Gilgit-Baltistan), tions of the labor force were precari- especially in disadvantaged sections holding elections, and the aforemen- ous in Pakistan, with the twin pres- of society. tioned passing two bills for the pro- sures of in" ation and unemployment tection of women. making the situation worse. Education Pakistan also established a full- Recent estimates by the o# cial " edged Ministry of Human Rights Task Force on Food Security show According to a UNESCO moni- in November 2008, and also rati$ ed that nearly a quarter country’s popu- toring report of 2009, Pakistan is one the International Convention on lation remained poor, or 62 million of the very few countries which failed Economic, Social and Cultural people living below the poverty line to achieve even a single “Education Rights. in the year 2009. for All” goal. Pakistan remains one ! e minimum wage was $ xed of the few odd cases where despite by government at 6000 Pakistani modest increase in literacy rate, the Rupees per month as of July 2008. number of illiterate persons keeps on However, 70% of companies did not increasing. implement this.

ASIAN HUMAN RIGHTS DEFENDER 19 Thailand: Both sides must restrain from violence immediately

This statement was issued by 43 NGOs Dictatorship (UDD) have resulted ation, to use live bullets to disperse across Asia, who urge both the Thai in 25 deaths (18 civilians, 6 soldiers the protesters which on the latest government and protestors to refrain from violence and return to the negotiating table and one foreign journalist) and more incident on April 28 in Vibhavadi for a peaceful solution on 29 April 2010. than 800 injured on April 10. Rangsit Road, killed one soldier and We regret that the violence has wounded 18 people. We, the undersigned human continued with more recent deaths We strongly urge the " ai govern- rights NGOs from across Asia, are (! ve people) and many more wound- ment and the UDD protestors to ex- deeply concerned over the political ed (including foreigners) in a grenade ercise extreme restraint from violence upheaval in " ailand and condemn explosion on April 22 in Silom, one and to return to the negotiation table the violence that took place in the re- of the prime business areas in Bang- to ! nd a peaceful political solution cent political con# icts. kok. We fear the worst, as " ai mili- to the con# icts. " e government of Violent clashes between " ai se- tary and police have been authorized " ailand, in particular, must ensure curity forces and protestors of the by the government's Centre for the that any crowd dispersal methods are United Front for Democracy Against Resolution of the Emergency Situ- in line with international principles

20 VOL. 6 NO. 1 • JUNE 2010 Country Focus

the inquiry should be conducted in an independent, transparent and professional manner. ! is sub-committee should focus on investigating the facts surrounding the grave human rights abuses that have occurred since April 10, with clear conclusive evidence of who the perpetrators are. We are extremely concerned that the closing down of more than 10 satellites and cable television stations and 36 internet websites has done more harm than good for the democratic transition and development in ! ailand and may not be required by the exigencies of the emergency situation. If there is indeed hate speech perpetuated by certain media, charges can be brought against the media in a court of law, banning is not a solution. We call for the ban on the media to be lifted immediately. As a party to the International Covenant on Civil and Political Rights (ICCPR), we wish to remind the government that while deroga- tion of certain rights may be allowed during times of public and o" cially declared emergency, the measures of restricting rights should be taken only in the manner that is strictly required by the exigencies of the situation during the declaration of emergency and should not be inconsistent with other obligations under international law. as outlined in Principle 14 of the Ba- vestigate the incidents and hold the Non-derogable rights despite sic Principles on the Use of Force and perpetrators of violence accountable, emergency Firearms. Any disproportionate use regardless of their political a" liation of force by the security forces against as news reports and eye witness ac- However, there are rights that demonstrators is deemed deplorable. counts have provided con# icting are non-derogable, even in times We further urge the ! ai govern- information on how these violent of emergency. ! ese rights include, ment and the UDD to work towards incidents occurred and the types of among others, the right to life and national reconciliation for the sake of weapons and ammunition used in the right to be free from torture, the common people of ! ailand. the con# ict. cruel, inhumane and degrading We welcome the establishment treatments or punishments. ! e ! ai Independent commission needed of a sub-committee by the Nation- government is obliged to take all al Human Rights Commission of measures to prevent the violations of We also urge the government of ! ailand to conduct an inquiry on these non-derogable rights. ! ailand to immediately establish the violation of human rights dur- ! e human rights record of ! ai- an independent commission to in- ing the political crisis. We stress that land will be examined by the UN

ASIAN HUMAN RIGHTS DEFENDER 21 Country Focus

Human Rights Council under the • Indigenous Peoples Rights Moni- Universal Periodic Review in 2011. tor, ! e Philippines We call on the ! ai government to • Initiatives For International Dia- continue to observe its obligations logue, ! e Philippines under international human rights • International NGO Forum On This letter was sent to the Government and law in these di# cult times. Indonesian Development (IN- the United Front for Democracy against Dictatorship (UDD) on April 19 by 16 We hope for better solution FID), Indonesia peoples’ organisations. The NGOs include: through peaceful and lawful means • Indonesian Corruption Watch, Newspaper Reporters Association of and dialogue and express our wish to Indonesia Thailand; Ofﬁ ce of Peace and Governance, see progress, peace and solidarity in • Korean House For International King Prajadhipok Institute; Research Centre for Peace Building, Mahidol University; NGO ! ai citizen's daily life. Human Solidarity, South Korea Coordinating Committee for Development Rights Principle accepts no other • Migrant CARE, Indonesia (NGO-COD); Stop Hurting Thailand Network; means than internationally accepted • Migrant Forum In Asia, Philip- Peace Network; Peoples’ Network Against norms and values of Law. pine Civil War; Academics for Democracy Group; • Nonviolence International South- Volunteers Network; May ‘92 Heroes’ is statement was endorsed by: Relatives Network; Buddhika Network; Thai east Asia, ! ailand Communities Foundation; Thai Attentive • Ain O Salish Kendra (ASK), • Odhikar, Bangladesh Student Group; Thammasat University Bangladesh • Ovibashi Karmi Unnayan Pro- Students Organization; Youth for Peace Group; • ALTSEAN BURMA, ! ailand gram (OKUP), Bangladesh Volunteer Centre, Thammasat University. • Asian Centre For Human Rights, • People Empowerment, ! ailand India • Peoples Vigilance Committee For ! e violent outbreak that • FORUM-ASIA, ! ailand Human Rights (PVCHR), India occurred on 10 April, 2010, which • Burma Partnership, Burma-! ai- • People's Solidarity For Participa- resulted in the deaths of 16 protesters land Border tory Democracy (PSPD), South and six soldiers and injuries to over • Burma Centre - Delhi, India Korea 800 people, represents losses that • Cambodian Human Rights And • Southeast Asian Press Alliance pitch ! ailand deeper into a crisis of Development Association (AD- (SEAPA) ! ailand violence and divisions. HOC), Cambodia • Southeast Asia Coalition To Stop Before we head further in that • Center For Human Rights And ! e Use Of Child Soldiers (SEA- direction, we, 16 people’s organi- Development (CHRD), Mongo- SUCS), Philippine zations, would like to appeal to all lia • Student Federation Of ! ailand sides to help change the course of • Commission For ! e Disap- • Task Force Detainees Of ! e ! ailand away from catastrophic peared And Victims Of Violence Philippine (TFDP), Philippine confrontation towards peaceful (Kontras), Indonesia • Taiwan Association For Human means and negotiations in order to • Dignity International Rights, Taiwan resolve the con" ict and lead ! ai- • Forum For Protection Of Peo- • ! e Asian Federation Against land out of the crisis. We would like ple's Rights (PPR), Nepal Involuntary Disappearances to propose the following. • Foundation For Media Alterna- (AFAD), Philippine Let the loss of lives and blood tives (FMA), Philippine • ! e International Federation For on 10 April be a lesson to all that • Global Partnership For ! e Human Rights (FIDH) violence is not the path that will lead Prevention Of Armed Con" ict • ! ink Centre, Singapore ! ailand out of the crisis. It will in- -Southeast Asia And Asia-Paci$ c • Tibetan UN Advocacy, Switzer- stead worsen the con" ict and there- Solidarity Coalition, ! e Philip- land fore make reconciliation among the pines • Working Group On Justice ! ai people harder to achieve. ! e • Human Rights Working Group Peace, ! ailand experience of other countries and in (HRWG), Indonesia • Yayasan Sekretariat Anak Merde- ! ailand shows that the use of force • Human Security Alliance (HSA), ka (SAMIN), Indonesia to end a protest, or to oust protest- Nepal • Young Progressives For Social De- ers from an area, can never achieve • Imparsial, Indonesia mocracy (YPD), ! ailand success without bloodshed if there • Indonesian Solidarity, Australia are tens of thousands of protesters • Informal Sector Service Center, Nepal

22 VOL. 6 NO. 1 • JUNE 2010 Country Focus

Violence will not solve Thailand’s crisis

involved, no matter how much tions to the con" ict without having one-sided information that aims only care is taken to avoid it. In ! ai- to sacri# ce an exchange of lives. to give legitimacy to one’s own side land particularly, where unknown Both sides should resort to ne- will only fuel hatred and further en- groups of people were involved in gotiations and compromise to # nd trench divisions among the country’s the violence, the bloodshed will solutions to the con" ict. In the past citizens. be more severe and the situation negotiations, both sides have agreed ! e military must not stage an- could worsen. ! e protesters’ oc- that the political crisis and the divi- other coup d’état, which would deep- cupation of Ratchaprasong Inter- sion among the ! ai people should en the crisis and would set back for section needs to be resolved, but end with the next election. ! e decades the democracy that all sides not by the use of force to disperse only di$ erence was when the elec- have been trying to nurture and im- the gathering, which would lead tion should take place. ! e current prove upon. Moreover, the military to greater loss of life and could de- parliament has one year and eight would have lost its legitimate role generate into a civil war. On the months remaining of its term. If the as law and order enforcers under the protesters’ side, there must be a election could be brought forward Government and become a direct op- commitment to non-violence and to end the con" ict, this should be a ponent to the people. ! e resistance no weapons should be allowed at worthy path. Since ! e Government that would ensue would lead to the the rally sites. has already agreed to an early elec- worst chaos befalling the country. Both sides should take a step tion, the Red Shirt people should From now on, all ! ai people must back in order to change course and also make a compromise on their learn to resolve problems by demo- avoid total disaster, and should time frame. ! ey should recognize cratic means only. instead adopt peaceful means to that many other people do not agree Let the past losses be a lesson for resolve the con" ict. ! e Govern- with a parliamentary dissolution ! ai society that violence and crack- ment should step back by revok- and there are other opinions that downs do not constitute resolutions ing the State of Emergency, and both sides should take into consid- for these problems. Democracy means the Red Shirt people should step eration. ! erefore, both sides should that all must be able to live together back by moving their camp from make concessions and # nd a time with di$ erences, not eliminating each Ratchaprasong Intersection to frame that is acceptable to all sides. other. If the ! ai society adheres to another area, or at least by pro- In a democracy, no one side can ever peaceful and democratic means, we viding space for businesses in the get 100% of what they want. All the will be able to avert disaster and get area, which include not only big political parties in the parliament, back on the path out of the crisis with- companies but also small traders especially the opposition Phuea ! ai out further bloodshed. ! ailand’s de- and workers who depend on their Party and those in the Government mocracy has come a long way; if we daily earnings for a living, to op- coalition, should make use of parlia- are patient we can surely get past the erate normally and reduce their mentary mechanisms and negotia- current crisis, which many countries losses. All sides should recognize tions in order to propose solutions have had to go through to achieve that politics in the democratic sys- for the country as well. stable democracy. When we get tem means “winning the people’s Both sides should stop presenting through this crisis, it will be a victory heart” not the use of force or co- one-sided information. In a polar- for the country, for all sides and for us ercion. Taking a step back to avoid ized society such as ! ailand today, all. further bloodshed does not mean a defeat, but instead a victory over people’s hearts as well as a political advantage. ! e side that agrees to step back # rst will gain political legitimacy and cause the other side to do the same. ! us ! ailand will have another chance to # nd solu-

ASIAN HUMAN RIGHTS DEFENDER 23 Country Focus

Sexual Exploitation of Penan Women and Girls Linked to Exploitation of Their Land

by the Penan Support Group

(Note: This article is a reprint of the Executive Summary of a fact-ﬁ nding mission report entitled A Wider Contect of Sexual Exploitation of Penan Women and Girls in Middle and Ulu Baram, Sarawak, Malaysia conducted on November 2009 by the Penan Support Group, FORUM-ASIA and the Asian Indigenous Women’s Network. The report was released on 6 July 2010. The full report may be downloaded at http://forum-asia.org/2010/ Penan_Report.pdf)

In September 2009, the Na- sary action points for the relevant au- tional Task Force of the Malaysian thorities and other stakeholders. Federal Ministry of Women, Fam- Visiting three (3) Penan commu- ily and Community Development nities and one (1) Kenyah commu- con! rmed in a report that sexual nity, and listening to evidence and violence and exploitation of Penan experience from representatives of women and girls in Sarawak was hap- 13 Penan communities, the Mission pening. " is had followed an earlier recorded seven (7) new cases of al- September 2008 report by the Swit- leged sexual violence. " ese are to be zerland-based Bruno Manser Fund, added to the earlier instances docu- which itself echoed other reports mented by other reports, including dating back several years, asking state by the National Task Force. authorities to investigate similar pos- " e forms and patterns of violence sible sexual violence and exploitation are presented in this report. " ey as giving the wider context in which experienced by Penan communities. cover rape, assault, abduction, forced the sexual violence and exploitation Despite these con! rmations, ac- ‘marriage’, domestic violence and on- take place. tions to bring perpetrators to justice going harassment. " e forms and " e wider issues discussed in this and to initiate appropriate actions to patterns are indicative of a persistent Report include: protect Penan women and girls from situation relating to sexual abuse of • " e wide disconnect between state further sexual violence and exploita- Penan women and girls. " ere would government claims that they have tion continue to disappoint. seem to be no excuse for any author- provided appropriate services and " e issues are extremely serious ity either to deny the existence of such spent millions on the Penans, and and this Mission was organised to sexual abuse or to refuse to take ap- the realitythat the majority of the investigate the situation in Penan propriate action. Penans live in desperate poverty. communities in Sarawak, to docu- In documenting the sexual vio- • " e persistence of poverty ment incidents of sexual violence lence and exploitation perpetrated amongst Penan communities con- and exploitation, and also investigate against Penan women and girls in tinues to render them more vul- the wider issues that contribute to Middle and Ulu Baram, the Mission nerable to dependency, exploita- these incidents and their persistence. also documented more general issues tion and violence. " e Mission also set itself the task of facing Penan women and children, • Central to their experience of highlighting the appropriate neces- and the Penan communities at large, poverty has been the loss of land

24 VOL. 6 NO. 1 • JUNE 2010 Country Focus

right to development is further evidenced by the denial of basic citizenship rights to a signi% cant number of Penans, who continue to lack identi% cation cards. " is means that these Malaysian citizens cannot enjoy the basic rights of citizenship, including access to basic services and the right to vote. Lack of such cards increases also the chances that state authorities like the police will not act on reports. • " ere is considerable evidence of problems in basic service provision, not least health and education. " e lack of any support for and the denial of land rights, cru- petrated against Penan women Penan students in mastering Ma- cially a! ecting their security, au- and girls. lay, result in high non-attendance tonomy, livelihood, culture and • " is violence is rarely challenged and drop-out rate. " ere is no sustainability. by the state authorities, which give indication that the curriculum is • " is loss of land, autonomy and little respect to Penan rights of re- sensitive to this or to other Penan ability to be self-su# cient follows dress. Rather, the state authorities concerns. Prejudice and bullying from the ‘development policies’ have consistently denigrated those are also reported, leading to loss of the state government, which Penans, including women and of con% dence and low self-esteem encourage the exploitation of the girls, who have attempted to raise amongst Penan students. " ese land and the forest for commercial land and community issues, and are factors which do not help pro- and private gain. have attacked local and foreign tect against violence and exploita- • Logging and other land conces- non-governmental organisations tion, including sexual violence. sions are highly lucrative and are who have attempted to support • " e ‘development’ path pushed given to private companies closely the Penans. by the state and federal authori- tied to the ruling state government. • " e absence of positive support ties shows no evidence of any un- " e result is that there is little from state authorities in investi- derstanding of the particular chal- monitoring of logging and little gating and % nding solutions to lenges facing (Penan) women and enforcement of good practice, with grievances has undermined the children, and the often negative ex- the result that the land and forest trust of communities like the Pen- perience of ‘development’ by wom- claimed by groups like the Penans ans in the authorities, and has left en. " is includes the persistence of being destroyed. them even more defenceless and a power imbalance between men • Attempts to protect their land vulnerable. and women, symptomatic in the and their land rights, culture and • " is is linked to the fact that the prevalence of violence against future sustainability has often Penan right to development, as women. brought the Penans into con$ ict underpinned by international cov- • " e present situation facing com- with both state authorities and enants such as the UN Delcara- munities like the Penans is that logging companies, often con- tion on the Rights of Indigenous their land and their lives are in- ducted with threats and intimida- Peoples (UNDRIP), has been un- creasingly being encroached on by tion against the Penans, including dermined by the by the federal and outsiders, not least those working against Penan women and chil- state governments insistence that in logging camps. " ese outsiders dren, and on occasion with actual they, the government, know what exhibit little respect for the way of violence. " is environment of is best for the Penans and other in- life of the Penans, or for the rights con$ ict gives an important wider digenous communities. of women. All seven of the new context to the sexual violence per- • " e lack of respect for the Penan allegations of sexual violence and

ASIAN HUMAN RIGHTS DEFENDER 25 Country Focus

exploitation had a logging com- and compounds the likelihood that based. Added to this is the necessity pany worker (or workers) as per- sexual violence and exploitation will for understanding and acting upon petrators of the violence. be tolerated rather than prosecuted the way policies and attitudes impact and protected against. ! e Report on gender relations. ! is Report is not the " rst report notes that the lack of state response ! is basic principle of respect is in to highlight the systematic manner in has left the Penans distrustful, a situ- line with national and state govern- which the basic human rights of the ation where any violence or exploi- ment statements and commitments Penans (in common with other Ma- tation is more likely to remain un- to the principles set out by interna- laysian indigenous peoples), and the reported. ! is vicious circle must be tionally agreed conventions and dec- rights of Penan women and girls in broken if any meaningful protection larations: for example, the UNDRIP, particular, have been undermined by against (sexual) violence and exploi- Convention on the Elimination of the attitude and policies of federal and tation is to be provided. all forms of Discrimination Against state authorities. ! is report argues In making explicit the link be- Women, and the Convention on that, in failing to uphold native cus- tween the sexual violence and exploi- the Rights of the Child. Malaysia tomary rights to land, state authorities tation experienced by Penan women has signed up to these basic prin- have robbed indigenous communities and girls and the wider factors that ciples, and their obligations need to of a fundamental right and the basis help de" ne and ‘allow’ it, this Re- be translated into positive practice. of their culture, and severely impacted port argues that positive steps to al- A series of recommendations are at- on both the security and sustainability leviate the violence and exploitation tached for consideration and action. of such communities. ! is includes must necessarily include steps taken ! is Report argues that, if these safeguarding the rights and place of to address the wider issues. In other recommendations are followed, there Penan women and girls. In failing to words, beyond the obvious need to is every chance that the lives of the respect their overall right to develop- properly investigate and resolve in- Penans, and the lives of Penan wom- ment (in which the Penans control its dividual cases of sexual abuse and en and girls, will improve. We cannot direction and pace), and in failing to exploitation is the need to tackle the a$ ord to do nothing. ! e situation understand the gender dimensions wider issues facing Penan women facing women and girls in Penan of development, state and federal au- and girls and the Penan community. communities such as those we visited thorities have left both the Penans in ! e Report quotes one Penan is extremely serious. ! eir vulnera- general, and the Penan women and woman, who simply says “! e ulti- bility to sexual exploitation and vio- girls in particular, disempowered, dis- mate solution is to revoke the logging lence is so well documented by so placed, dependent, and without sym- licences.” ! is, the report argues, is many di$ erent reports that some- pathetic support — in other words, a starting point to tackle the wider thing has to change if we are to pro- in a highly vulnerable situation. In issues of the dispossession, disem- tect them. Or are we simply looking failing to adequately provide services powerment, and impoverishment of at another report such as this one, in sensitive to the needs of communities the Penans. Moving beyond that, the " ve years’ time, ten years’ time, docu- like the Penans, they have missed a Report argues that, to properly pro- menting the same abuses, the same major opportunity for supporting the tect and nurture the Penan commu- deterioration, the same violence? Let Penans and Penan women and girls nity, including the women and girls, us work together to make sure this in the di# cult transition between the state and federal authorities, and all does not happen. traditional and the modern, and spe- other stakeholders, must fundamen- ci" cally have missed a major opportu- tally change their attitudes and ap- nity to support and empower Penan proach. Acknowledging, valuing and women and girls in battling sexual committing to putting the Penans at violence and exploitation. the centre of their own development, ! e Report documents the appar- complete with recognition of their ent indi$ erence to Penan complaints rights to land and culture, will give and argues that this compounds the a foundation on which appropriate disrespect shown to the community polices, provision and support can be

26 VOL. 6 NO. 1 • JUNE 2010 Country Focus

A new hope for human rights in Japan? by Toru Hisada

This article is a revised version of a background paper prepared as part of the efforts of forced and have consequently or- the Asian NGOs Network on National Human Rights Institutions (ANNI) to encourage the Japanese government to establish a national human rights institution. dered prisoners to be released. In the past, Japanese courts have had a high Despite its wealth as a nation, Ja- from 131,000 to 400,000. As these rate for conviction, which is regarded pan faces a number of human rights workers are not formally employed, as an indication that the accused are issues. ! ese include gender inequal- they are generally not entitled to not receiving a fair trial. ity, the rights of women, people born bene# ts and rights which are avail- out of wedlock, Buraku minorities, able to those with formally employed Death penalty employment and labor, death pen- status. For instance, many of these Japan is one of the countries in alty, rights of the accused, “comfort temporary workers are not entitled Asia that actively imposes the death women”, human tra" cking, right of to unemployment bene# ts because sentence. Inmates on death row non-Japanese citizens, refugees, indig- technically, they have not been em- and their families are not given ad- enous and minority peoples, people ployed for more than a year by the equate advanced notice of the sched- with disabilities and children. ! is same employer. Also, in many cases, uled date and time of the execution, brief paper will give an incomprehen- they were laid o$ before the end of which may cause undue psychologi- sive background regarding some lesser their contract. cal su$ ering to the inmates and their known human rights issues in Japan. ! e lack of safeguards under la- families. Also, there is an absence of bor laws means that there is no com- a mandatory system for review of Layoffs of temporary workers pensation available for these workers. capital punishment cases. ! is de- (Haken-giri) Moreover, it is hard for them to # nd prives the right of appeal for death Japanese # rms have for decades new jobs under the current recession, row convicts. employed temporary workers ( Haken causing many of them to be home- Syain ) dispatched from employment less. Many of them have resorted to The DPJ government agencies. In recent years, following living in public areas, internet cafés or the easing of the Worker Dispatch- shelters provided by the government. ! e August 2009 victory of the ing Law, # rms have employed even As the recession continues, this situa- Democratic Party of Japan (DPJ) in larger numbers of temporary work- tion is likely to continue, thus making the House of Representatives marked ers. By 2007, the number of tem- poverty as one of the most serious is- the end of more than 50 years of al- porary workers grew to around 4.5 sues in Japan. most uninterrupted rule by the Lib- million and by 2008, they occupied eral Democratic Party (LDP). more than 30% of the Japanese labor Rights of the accused ! e LDP was widely viewed to force. ! e police in Japan have the au- have been unable to respond to the Yet, after the recent global eco- thority to detain suspects without fundamental changes in Japanese so- nomic crisis, which has caused a charges for a maximum of 72 hours. ciety. ! ere has been a need for a bet- recession in Japan, many # rms have ! is imposes upon the suspect un- ter social security system (including laid o$ these temporary workers. ! e due psychological pressure to con- pension, medical and nursing care) estimated number of layo$ s from fess. In some cases, the courts have and safety network systems for the October 2008 to March 2009 ranges admitted that confessions have been underprivileged. Also, the Japanese

ASIAN HUMAN RIGHTS DEFENDER 27 Country Focus

to be able to review possible cases of false admissions. Imposition of capital punishment has been postponed since September 2009 when new Minister of Justice Keiko Chiba was appointed. As a human rights lawyer, she has also dealt with issues regarding women and children in Japan. Nevertheless, she has not promised until now that she will not impose death penalty while she is in o# ce. Finally, the DPJ government has promised the creation of a national human rights institution (NHRI) under the Cabinet. $ e justice minister said that, from an international perspective, it would only be natural Justice Minister Keiko Chiba announces the executions of two death row inmates in a to establish an NHRI in the country press conference on July 28, the ﬁ rst execution under the Democratic Party of Japan government. (Photo: Kyodo News) and she will try her best to establish such an agency as soon as possible. economy has been greatly a! ected free high school education) to (See the reprint of the Ministry of by the global economic crisis. It has increase household disposable in- Justice report on the proposed NHRI caused the emergence of several so- come. on page 29). cial issues such as unemployment and • Establishment of a more reliable On 4 June 2010, with the resig- poverty. Finally, the decades-long, and secured social security system nation of Prime Minister Yukio single party dominance by the LDP for pension, medical and nursing Hatoyama, Naoto Kan was appoint- since 1955 has caused a collusive and care service, especially for the el- ed as a new head of DPJ, and conse- corrupt relationship between politi- derly. quently the new Prime Minister of cians, high-ranking government of- • Increasing the employment rate Japan. Kan comes from the family " cials, and companies. Structural by providing subsidies and es- with ordinary background, which is problems have also emerged, such tablishing job training system for di! erent from the most of the past as keeping the large decision making people who look for jobs and by prime ministers who became MPs or powers in the hands of high-ranking reviewing the Worker Dispatch- prime minister by succession from government o# cials. ing Act. their fathers. Kan had also been ac- $ e DPJ’s victory is regarded as • A more independent foreign pol- tively engaged in the student move- the beginning of an era of growing icy pushing for an equal alliance ment, and in addition had actively accountability and competitiveness relationship with the US, by say- engaged in civil society activities be- in Japanese politics. It also marks an ing ‘no’ more than before on issues fore he was elected MP. For these rea- important departure from the LDP’s which are not in Japan’s interests. sons, he is expected to bring in the foreign and domestic policy. As a civil society perspectives in the poli- party which emphasizes its policies Policy on human rights issues tics and policies of his government on social welfare and the nation’s life, including human rights for better re- the key points in its manifesto are as $ e DPJ government identi" es spect, protection and promotion in follows: the human rights issues listed above Japan. • Reinforcing the power of politi- as important issues, as can be seen cians over the bureaucrats on pol- from their manifestos for House of icy making. $ is is to decrease the Representatives elections of 2009. in% uence of vested interests over $ e DPJ government promises policy makers. that it will make interrogations of the • A large-scale incentive package accused more transparent, including (including child allowance and the possiblity of recording it, so as

28 VOL. 6 NO. 1 • JUNE 2010 Country Focus National Human Rights Institutions

5. Civil Liberties Volunteers “New Establishment of Regarding the Civil Liberties Vol- unteers, it is further discussed to acti- vate and enhance the existing system Human Rights Remedy Agency” through utilization of the existing volunteers and its organization. An interim report of the Minister, Senior Vice-Minister and Parliamentary Secretary of the Ministry of Justice, in 6. Provisions related to the media June 2010, provides details on the proposed NHRI. No speci$ c provisions regarding the human rights violations by the media are made in the bill. It is 1. The name of the bill 3. Human Rights Commission the agenda for further consideration ! e bill will be named which Missions of the Commission based on their voluntary e# orts by clearly indicates the content of the are to redress and prevent human the media. bill, i.e. the establishment of Human rights violations, to enlighten human Rights Remedy Agency to provide rights, to promote comprehensive 7. Special Procedures remedies and prevent damages by human rights protection policies for ! e fact $ nding investigation is human rights violations, prescription the nationals, to provide opinions to further discussed including no puni- of remedies etc. the government regarding human tive clauses are made for refusing a rights situation in Japan and so on. cooperation to the mission. 2. Establishment of Human Rights Remedy Agency (Human Rights 4. Local Human Rights 8. Procedure for Remedies Commission) Commission Procedure for Remedies is further Human Rights Commission will It is necessary to establish local discussed based on the situation be established as an independent organizations for the e# ective inves- around the development of laws after body of the government conforming tigation and remedies. However, it is the submission of the report by the to Paris Principles. ! e commission is further discussed so that the new sys- Council on Human Rights Protec- envisaged to be established under the tem starts to function without delay, tion. Cabinet O" ce and its structure, the including utilization and enhance- authorities over remedies and so on is ment of the existing organization. further discussed. CCHRJ welcomes announcement to establish Japan NHRI

The Minister, Senior Vice – Minister 2. the establishment of the Commission In relation the establishment of a and Parliamentary Secretary of the Min- under the Cabinet Offi ce instead of new Commission, we expect the govern- istry of Justice announced a ‘New Estab- the Ministry of Justice; and ment to conduct the open and transpar- lishment of Human Rights Relief Agency 3. ‘No specifi c provisions regarding the ent procedure by ensuring the oppor- (Interim Report)’ yesterday, 22 June 2010. human rights violations by the media tunities to consult with various human Citizens’ Council for Human Rights Japan are made in the bill. It is the agenda rights organizations and organizations (CCHRJ) has, in cooperation with other of further consideration based on the of the people concerned. We ask for civil society organizations, asked the voluntary efforts by the media’ the ruling Democratic Party of Japan, to Japanese government for the establish- make further efforts toward the estab- ment of national human rights institution The points above largely correspond lishment of NHRI in accordance with the (NHRI) in Japan conforming to the Paris to our contentions and signifi cantly de- Paris Principles in cooperation with the Principles. The Interim Report refl ects veloped from the previous Human Rights government. our points and we thus largely welcome Protection Bill submitted by the former CCHRJ will also strive for the es- it, especially the following: coalition government of Liberal Demo- tablishment of NHRI by cooperating 1. The report mentions the establish- cratic Party and New Komeito. CCHRJ with the government, which is indepen- ment of “Human Rights Commission” appreciates the courageous decision. For dent of the government and is able to (hereinafter, the Commission) which further considerations on the specifi c provide effective redress for human conforms to the Paris Principles and details, CCHRJ urges the government rights violations. is independent of the government; to continue the positive considerations based on the viewpoints mentioned in the report.

ASIAN HUMAN RIGHTS DEFENDER 29 ASEAN and Human Rights ASEAN and Human Rights

ASEAN Intergovernmental Commission on Human Rights (AICHR)

Assessing AICHR’s potential to protect Human Rights Defenders

by Emerlynne Gil

Human rights defenders in Asia for the mandate and powers of the fectively precludes the AICHR from have struggled for many years to ASEAN human rights body. Such a developing protection powers in the have a regional body with a mandate mechanism, if e" ectively implement- future. Speci! cally, the TOR is pep- to investigate individual complaints ed, was envisioned to be an invalu- pered with numerous provisions that of human rights violations, monitor able tool for human rights defenders would hinder it from a" ording pro- and report on the human rights situ- for their own protection and promo- tection to human rights defenders in ations in its member states, conduct tion of their rights. Such a mecha- the region. visits and investigations, raise aware- nism was also hoped to help ASEAN ness on human rights issues, and is- governments integrate international Reprise of “Asian Values” sue recommendations pertaining to human rights norms and principles human rights violations of member into their domestic laws, and pro- # e TOR expressly states that one states. mote a common human rights cul- of the purposes of the AICHR is to A potential was seen for the As- ture throughout the Southeast Asian uphold international human rights sociation of Southeast Asian Nations region. standards under the Universal Dec- (ASEAN) to establish such a body On 20 July 2009, during the laration of Human Rights (UDHR) when it adopted the ASEAN Char- 42nd ASEAN Ministerial Meeting and the Vienna Declaration and Pro- ter at the 13th ASEAN Summit in in Phuket, # ailand, the ASEAN ad- gramme of Action (VDPA). Howev- November 2007. Under Article 14 of opted the Terms of Reference (TOR) er, it also stipulates under paragraph the ASEAN Charter, a human rights of the newly-established ASEAN 1.4 that one of the purposes of the body shall be established as one of Intergovernmental Commission on AICHR is to “promote human rights the mechanisms by which ASEAN Human Rights (AICHR). It was within the regional context, bearing member states can “pursue closer no surprise that the TOR gave the in mind national and regional par- interaction and cooperation to forge AICHR a decidedly weak mandate, ticularities and mutual respect for shared norms and create common taking on stance of shaping a body di" erent historical, cultural and reli- mechanisms to achieve ASEAN’s that would primarily focus on pro- gious backgrounds, and taking into goals and objectives in the political motion of human rights ! rst and ne- account the balance between rights and security ! elds”. In 2008, hu- glecting the very important aspect of and responsibilities.” man rights defenders in the region protection of human rights. In fact, Paragraph 1.4 may be viewed submitted their recommendations as it currently stands, the TOR ef- as a reprise of the ill-de! ned “Asian

30 VOL. 6 NO. 1 • JUNE 2010 ASEAN and Human Rights ASEAN and Human Rights

values” doctrine and may potentially fairs of ASEAN Member States”. is there any guarantee that they shall run counter to the universality prin- ! e principle of non-interference be sitting as independent experts, free ciple of human rights embodied un- and respect for the independence, from interference from the govern- der the UDHR and reasserted under sovereignty, equality, territorial in- ment. Paragraph 5.2 merely provides the VDPA. ! e “Asian values” doc- tegrity, and national identity of each that “[e]ach ASEAN Member State trine was pushed forward by certain member state have always been one shall appoint a Representative to the Asian leaders, particularly those from of the core operating principles of AICHR who shall be accountable to Singapore and Malaysia. ! is doc- the ASEAN. the appointing [g]overnment.” trine was based on the premise that Many member states of the Representatives shall serve a term human rights of individuals are sub- ASEAN have notoriously dismal of three years and may be re-appoint- ordinate to the “collective interest” human rights records with human ed for one more term. Although the which is economic growth. Traces of rights defenders facing extreme risks duration of the term of its members this doctrine are found throughout and hardships as they undertake is clearly stipulated, member states, the TOR. their work of promoting and protect- under paragraph 5.6, would still have ! ese Asian leaders had main- ing human rights. In Burma, for in- the discretion to remove or replace its tained that the universality of human stance, there have been numerous re- representatives on the AICHR. ! is rights is subordinate to values that ports of illegal arrests, detention, and will potentially compromise the inde- are particularly unique to the Asian torture of human rights violations pendence of an AICHR member who region. Certain governments in Asia following the Sa# ron Revolution in is beholden to the government for his have often adopted culturally relativ- 2007. ! e principle of non-interfer- or her being in the commission. ist discourse to justify poor human ence may be invoked by Burma to ! e selection and appointment rights records, excuse speci" c human prevent the investigation into these process is an essential cog in the wheel rights violations, and to avoid taking reports. In Vietnam, human rights that would make any institution instances on the human rights records defenders who face unlawful suits dependent, accountable, transparent, of neighboring countries. ! is reso- against them for expressing critical and e# ective. lution, which directly contradicts the views against government policies ! e abovementioned provisions VDPA, would indeed be a painful will also not be able to seek protec- will de" nitely hinder the AICHR and enormous setback for human tion under the AICHR if Vietnam from developing powers that would rights defenders in Asia who have invokes this principle to de$ ect in- be e# ective enough to truly protect fought and struggled against this vestigations into these violations. human rights defenders in the region. “Asian values” doctrine. On the other hand, there is paragraph Women human rights defenders Lack of independence 2.5 of the TOR that states that the from the Asian region have also been AICHR shall adopt an “evolutionary subjected to human rights violations ! e credibility and e# ectiveness approach” that would contribute to as a result of certain traditional or of the AICHR shall rely to a great the development of human rights customary practices and cultural extent on the integrity, indepen- norms and standards in the ASEAN. prejudices. Paragraph 1.4 of the dence, and capacity of its members. Although this paragraph manifestly TOR is indeed potentially dangerous It should be noted that there are disregards the fact that there are ur- as it could legitimize certain negative no clear guidelines on the selection gent human rights issues currently practices against human rights de- process for members of the AICHR. facing the region, this opens an ave- fenders, particularly women human Selection of representatives is left to nue for civil society to vigorously rights defenders. each member state’s domestic pro- monitor and pressure the ASEAN to cesses and there is no safeguard to en- fast-track such an evolution and in the Recurring non-interference sure only independent human rights right direction. ! is avenue should experts are appointed through an be used by civil society to urge the Paragraph 2.1 (a) of the TOR open and transparent process. Under ASEAN to set a clear direction of de- provides that the AICHR shall have the current TOR, there is no assur- velopment for the AICHR so that the as one of its guiding principles the ance that members of the AICHR current existing $ aws in the TOR may “non-interference in the internal af- have expertise on human rights, nor be recti" ed.

ASIAN HUMAN RIGHTS DEFENDER 31 ASEAN and Human Rights ASEAN and Human Rights

Effective Rules of Procedures needed to deal with violations Civil society participation This is a statement by the Solidarity for Asian Peoples’ Advocacy Task Force on ASEAN and Human Rights on 22 March 2010, calling on the Asean Intergovernmental Commission for Human Rights to ensure effective Rules of Procedures in dealing with “It is absolutely vital to adopt a set human rights situations. of good and progressive rules of procedure that recognizes the importance In the launch of the civil so- Recommendations by SAPA of the participation of civil society, na- ciety version of the Rules of Pro- tional human rights institutions and cedure (RoP) for the ASEAN In- Among the key mechanisms and other stakeholders to ensure the e! ec- tergovernmental Commission on procedures recommended by the tive functioning of the AICHR,” said Human Rights (AICHR), the Soli- SAPA TF-AHR to be adopted in Chalida Tajaroensuk, the " ailand darity for Asian Peoples’ Advocacy dealing with human rights include: focal point of the SAPA TF-AHR, Task Force on ASEAN and Human • A petition mechanism, which will and executive director of the People’s Rights (SAPA TF-AHR) calls on the receive and respond to cases of hu- Empowerment Foundation. AICHR to adopt a set of rules that man rights violations; “In dealing with the overarching will ensure its own independence • On-site observation; role of the AICHR and the align- and e! ectiveness in dealing with hu- • Public hearings or inquiries; ment with other sectoral bodies man rights protection and promo- • Friendly settlement; such as the ASEAN Commission on tion in the region. • Establishment of sub-commis- Women and Children, we proposed " e RoP is expected to be dis- sions, working groups and com- that this should be done consistently cussed in the # rst o$ cial meeting mittees for speci# c tasks; with international human rights laws of the AICHR from 28 March – 1 • Appointment of independent and standards,” said Wanee Bang- April 2010 at the ASEAN Secretariat human rights experts to become prapha " itiprasert, representing the in Jakarta. " e RoP will de# ne how country and thematic speci# c rap- Southeast Asia Women’s Caucus on the AICHR will carry out its duties porteurs; ASEAN and Asia Paci# c Forum on and implement the mandates agreed • " ematic reports, country reports Women, Law and Development. by the member states of ASEAN as and annual reports. " e ASEAN Commission on concluded in the Terms of Reference Women and Children was launched (ToR) of AICHR from July 2009. It also proposed that the AICHR in April during the ASEAN Sum- “We have put in a request on should establish an independent and mit in Hanoi. March 9 to the Chair of AICHR to professional Executive Secretariat, “We proposed that the RoP also de- have a dialogue with civil society on appoint a Vice Chair from among its vise procedures to protect individuals the RoP during their # rst meeting. members, civil society participation or groups, who provide information, However, we have yet to receive a re- to be included in the RoP in order cooperate with the Commission, at- ply con# rming such a dialogue from for civil society organizations and tend public hearing and give testimo- the Chair. We hope the reply will other stakeholders to attend meet- nies. " e country representative come in soon,” said Yap Swee Seng, ings of AICHR, submit information should recuse him or herself if the case the Co-Convenor of SAPA TF-AHR on human rights violations, access to being deliberated involves his or her and also executive director of Asian information of the work of AICHR, home country. " ese procedures are Forum for Human Rights and De- make suggestions on meeting agenda especially important in the case of velopment. for AICHR, and coordinate its works Burma,” said Khin Ohmar, the repre- with other sectoral bodies such as the sentative of the SAPA Task Force on ASEAN Commission on Women and ASEAN and Burma. Children, among others.

32 VOL. 6 NO. 1 • JUNE 2010 ASEAN and Human Rights ASEAN and Human Rights

Civil Society Proposal for the AICHR Rules of Procedure Solidarity for Asian Peoples’ Advocacy Taskforce on ASEAN and Human Rights

On 23 October 2009, ASEAN established the ASEAN Intergovernmental Commission on Human Rights (AICHR) in line with Article 14 of ASEAN Charter. ! is Commission is the " rst regional human rights mechanism established in the Asian region. ! ere is a need to ensure that the AICHR will be an e# ective, credible and accountable institution to address human rights violations, and to advance the promotion and protection of human rights in Southeast Asia (SEA) in accordance with international human rights standards. ! ese civil society proposals are the result of the “Regional Consultation on the Rule of Procedure of the AICHR” organized by FORUM-ASIA and SAPA TF-AHR in Bangkok on 25-26 February 2010. ! e regional consultation was attended by civil society organization representatives from ASEAN countries and international legal experts, including those from the Inter-American and African regional human rights mechanisms. Solidarity for Asian Peoples’ Advocacy Task Force on ASEAN Human Rights (SAPA TF-AHR) submitted this proposal for the Rules of Procedure (RoP) to the AICHR on 19 March 2010 for consideration in drafting its o$ cial RoP. AICHR discussed the RoP during its " rst o$ cial meeting from 28 March – 1 April 2010 in Jakarta, Indonesia. ! e RoP is a key document that will detail the processes and procedures of how AICHR will carry out its mandate and functions as outlined in its Terms of Reference. ! e key recommendations in civil society’s proposal for the RoP are as follows:

Civil Society Participation in the AICHR

! e Commission should ensure and facilitate civil society participation and involvement in its processes and activities. ! is should include: • An open and transparent process of selection of representatives to the Commis- sion, laid out in the RoP, where civil society may nominate candidates for selection in the internal selection process of the Member States. (Article 2.3) • In the preparation of work plans and budgets, the Commission should consult with civil society organizations, national human rights institutions and other stakeholders. (Article 8.1) • Sessions of the Commission shall be ordinarily open to the public. (Article 10.2) • Each regular session shall include a consultation meeting with civil organizations (Article 10.3) • Civil society organization may propose items for the Provisional Agenda for each regular session. (Article 11.1) • Decision-making in the Commission shall be based on consultation, especially with civil society organizations. (Article 22) • In the preparation of annual reports and other reports, the Commission shall give due considerations to information provided by civil society, national human rights institutions and other stakeholders. (Article 58) • ! e Commission shall conduct frequent and regular consultations with civil society at national as well as regional level. (Article 69.3) • In the process of review of its Term of Reference, the Commission shall consult with civil society organizations and other stakeholders. (Article 77) • ! e Commission shall create mechanisms to ensure meaningful participation of marginalized and vulnerable groups. (Article 69.5)

ASIAN HUMAN RIGHTS DEFENDER 33 ASEAN and Human Rights ASEAN and Human Rights

Civil Society Proposal for the AICHR Rules of Procedure

Independence, Effectiveness, Accountability and Transparency

• Despite being appointed by the Member States, each member of the Com- mission shall act impartially in discharging his or her duties, upholding human rights principles rather than serving any other interests. (Article 2.4) • Annual budgets and funding should be transparent and subject to public scrutiny. ! e Commission shall report the identity and amount of all funding sources in its annual report. (Article 8.3) • ! e Commission shall submit an annual report to the ASEAN FMM and have it published. (Article 55) • ! e Commission shall make information of its work available and accessible to the public, including publishing key documents on a well maintained website. Members of the public shall also have the right to request information related to the work of the Commission not published on the website and the Commission shall provide the requested information in a timely manner. (Article 72)

AICHR and Human Rights Protection

In the exercise of its mandate and functions to develop strategies to promote and protect human rights (Article 4.1 of ToR) and to obtain information from member states on the promotion and protection of human rights (Article 4.10 of ToR), civil society organizations propose the Commis- sion shall develop the following mechanism in the RoP: • Petitions or communications on human rights violations received from any person or group of persons or non-governmental entity, shall be received, duly investigated, and responded to after it is determined admissible. ! e Commission may conduct on-site visits to collect additional information, utilize friendly settlement mechanisms to address issues, provide recommendations on the cases after investigation, and request that the State concerned adopt precautionary measures while such procedures are underway. (Chapter V) • When an inquiry requires an on-site observation, the State shall furnish the Commission with all necessary facilities and applicable standard for carrying out its mission such as: 1) having the ability to interview any persons, including members of groups, entities or institutions freely and in private, including civil society organizations; and 2) the State shall grant the necessary guarantees, including protection, to persons who provide the Commission with information, testimony or evidence of any kind. (Article 54) • ! e Commission may decide to hold public hearings on its own initiative or at request of an interested party. ! e purpose of a hearing is to receive information, follow up recommendations, precautionary measures, or general or particular information related to human rights in one or more Member States of ASEAN or in the SEA region. (Chapter VIII) • Persons appearing before the Commission need to be encouraged to providing all necessary evidence without fear of intimidation of any kind. ! erefore, the Commission must provide such persons with protection and security. (Article 61)

The full text of this civil society proposal can be downloaded at http://forum-asia.org/2010/CS_RoP_for_AICHR.pdf

34 VOL. 6 NO. 1 • JUNE 2010 ASEAN and Human Rights ASEAN and Human Rights Institution building

In accordance with the letter and spirit of the Cha Am - Hua Hin Declaration on AICHR that emphasizes ASEAN’s commitment to pursue forward looking strategies to strengthen regional cooperation on human rights and AICHR as a vehicle for progressive development and justice, the full realization of human dignity and the attainment of a higher quality of life for ASEAN peoples, the institutional building process of the AICHR shall be developed in a progressive manner with the following recommendations for the RoP: • ! e Commission shall elect a Vice Chair among its members. (Article 14) • ! e Commission shall establish an independent Executive Secretariat headed by an Executive Secre- tary and assisted by at least one Assistant Executive Secretary, as well as with the professional, technical and administrative sta# . (Article 5) • Members of the Commission’s Executive Secretariat shall enjoy such immunities and privileges as are necessary for the exercise of their duties in accordance with Article 19 of the ASEAN Charter. (Article 7) • ! e Commission shall be able to establish sub-commissions and rapporteurships comprised of ex- ternal human rights experts. ! ere shall be two categories of rapporteurships, thematic and country rapporteurships, held by independent human rights experts with proven expertise. (Article 18) • ! e drafting of the ASEAN Declaration of Human Rights and any other future human rights standard setting for the region shall be conducted via a sub-commission composing of independent human rights experts, with meaningful and genuine consultation with civil society and other stakeholders, and in accordance with international human rights standards. (Article 18) • ! e Commission shall be able to establish from among its members, committees or working groups with speci" c tasks or mandates. (Article 19) • ! e Commission shall be able to review its own Terms of Reference by setting up a working group and make recommendations in consultation with civil society. (Article 77)

Capacity Building and Promotional Activities

! e Commission shall organize and conduct promotional activities, such as workshops, trainings, seminars and produce publications on its own motion or in collaboration with other organizations in relation to executing the full scope and function of its mandate speci" ed in the Terms of Refer- ences. (Chapter IX)

Overarching Role and Alignment with other Sectoral Bodies

• ! e Commission shall take steps to ensure that other bodies within ASEAN adhere to international human rights standards, by assigning its members to observe other bodies within ASEAN, providing advice and assistance, conducting periodic human rights audits and developing practical human rights guidelines for other ASEAN bodies. (Article 70) • ! e Commission shall consider input from appropriate ASEAN sectoral bodies, including on its work plan, budget, reports, consideration of petitions on human rights violations and the provisional agenda of its sessions. (Article 8) • ! e Commission may appoint a member to liaise with ASEAN sectoral bodies and convene an annual meeting of all ASEAN sectoral human rights bodies. (Article 71.2)

In conclusion, it is imperative that the above key points be adopted to ensure the independence, e# ectiveness and the credibility of the Commission. If the recommendations of civil society are adopted, this will be an important positive step taken by AICHR to show that it is truly independent and committed to the promotion and protection of human rights in the region. It will send a signal to the international community that the regional human rights mechanism set up by ASEAN will work progressively towards implementing international human rights standards, strengthening both the promotion and protection human rights as envisioned in the Cha Am - Hua Hin Declaration of the ASEAN Intergovernmental Commission on Human Rights.

ASIAN HUMAN RIGHTS DEFENDER 35 Advocacy

Emerging regional human rights infrastructure

welcomed riences which could be undertaken through the workshop and possible inter-sessional activities, and request OHCHR and other relevant UN Below is the Bangkok Action Points, outcome document of of the 15th Workshop on agencies to provide technical assis- Regional Cooperation on Promotion and Protection of Human Rights in Asia Paciﬁ c tance in this regard upon request; Region, which were adopted by UN member states in the region on 23 April 2010. Note that the on-going evolution of the human rights system within Expressing appreciation to the ASEAN Intergovernmental Com- Southeast Asia, particularly the es- Government of the Kingdom of mission on Human Rights under the tablishment of the ASEAN Intergov- ! ailand for hosting the 15th Work- ASEAN Charter and the ASEAN ernmental Commission on Human shop of the Framework on Regional Commission on the Promotion and Rights, highlights the opportunities Cooperation for the Protection of Protection of the Rights of Women for initiatives by countries to work Human Rights in the Asia-Paci" c and Children, as well as the Orga- toward the development of sub- Region in collaboration with the nization of the Islamic Conference's regional human rights mechanisms O# ce of the United Nations High deliberations on the establishment of which are an essential building block Commissioner for Human Rights; an independent human rights com- for broader human rights arrange- Welcoming the participation of mission and the initiatives in SAARC ments for the Asia-Paci" c region; representatives from 30 Member to further promote cooperation on Recognize that regional arrange- States and observers from across the the rights of women and children; ments play a fundamental role in Asia-Paci" c region in this workshop; Noting the Human Rights Coun- promoting and protecting human Expressing appreciation to the cil's continued support for the de- rights. While evolving in di$ erent representatives of national human velopment of regional human rights forms in di$ erent regional contexts, rights institutions, international arrangements, most recently in reso- they should reinforce universal hu- organizations, civil society and re- lutions 6/25 and 12/15; man rights standards, such as those source persons for their inputs to contained in international human the workshop; Member States: rights instruments and international Welcoming the activities by na- Rea# rm their commitment to de- humanitarian law; tional human rights institutions in veloping and strengthening national Underline the importance of support of regional cooperation, capacities for the promotion and partnerships between Governments, including those with the support of protection of human rights, in accor- national human rights institutions the Asia-Paci" c Forum of National dance with the Tehran Framework and civil society at the national and Human Rights Institutions and the for Regional Technical Cooperation regional levels in developing regional O# ce of the High Commissioner for in the Asia-Paci" c region; mechanisms; Human Rights; Welcome the emerging regional Encourage strengthened coopera- Welcoming the evolutionary de- human rights infrastructure in the tion between the United Nations and velopment of new regional mecha- Asia-Paci" c region and the devel- regional arrangements in the " eld of nisms for the promotion and pro- opment of new regional human human rights and the identi" cation tection of human rights, particularly rights mechanisms, as well as the of strategies to overcome obstacles to the establishment of the Arab Hu- Asia-Paci" c countries' active engage- the promotion and protection of human Rights Committee under the ment in the UPR process, encour- man rights at the regional and inter- Arab Charter on Human Rights, the age more regular exchange of expe- national level;

36 VOL. 6 NO. 1 • JUNE 2010 Advocacy

Encourage participation in the NGOs raise regional priorities forthcoming workshop on "Enhanc- ing cooperation between regional on human rights and international mechanisms for the promotion and protection of hu- Below is a joint statement of non-governmental organizations on the implementation of the four pillars of the Tehran Framework, at the 15th Annual Workshop on the Framework man rights" to be held in Geneva in of Regional Cooperation for Human Rights Promotion and Protection. May 2010 of representatives of the relevant regional and subregional ar- We, the civil society organizations present on the occasion of this 15th rangements from di! erent regions, Workshop, would like to take this opportunity to share our views and recom- experts and interested Member States mendations related to the progress of implementation of the four pillars of the of the United Nations, observers, na- Tehran Framework. tional human rights institutions and National Human Rights Action Plans representatives of non-governmental organizations; We welcome the initiative of countries that have adopted national human Encourage the establishment of rights action plans and the commitment of others to do the same. We believe e! ective, independent and pluralistic that these NHRAPs should be in accordance with international human rights national human rights institutions norms, standards and principles. Moreover, we recommend consultations with in accordance with the Paris Prin- civil society organizations and National Human Rights Institutions (NHRIs) to ensure their meaningful inputs into and participation in the implementation of ciples or, where they already exist, these plans. their strengthening, and encourage Governments have in place various national development and sectoral or OHCHR, the Asia Paci# c Forum of issue speciﬁ c plans, and we recognize the challenges especially in coordination National Human Rights Institutions that this poses among the different state bodies concerned which can hamper and other existing regional institu- implementation and furtherance of the NHRAPs. We urge governments to adopt tions to support emerging regional such measures to enhance the coherenceand complementation among different and national mechanisms and to give bodies involved, for instance through the creation of consultative and coordination mechanisms. high priority to requests from Mem- We urge governments and National Human Rights Institutions to ensure ber States on the development and that the NHRAPs address the Human Rights of all peoples within their territory strengthening of such institutions regardless of status and other factors. in partnership with relevant regional organizations; National Human Rights Institutions Request OHCHR and the Asia Paci# c Forum of National Human As more NHRIs are being set up in the region, we would like to call for the strict observance of the Paris Principles in this regard. The appointment of Rights Institutions to support fur- commissioners to these institutions should be based on the competence of the ther cooperation at the regional level candidate in the ﬁ eld of human rights and done in an accountable and transpar- among national human rights insti- ent manner. We moreover would like to see efforts to promote gender balance tutions and thematic human rights in particular among the commissioners and personnel at all levels within these institutions; institutions. We especially would like to underline the importance of full partici- Request OHCHR to # nalise for pation of independent civil society organizations in the work of NHRIs in order to ensure effective promotion and protection of human rights. publication a directory of resource We call upon governments and NHRIs in the protection and promotion materials available to assist the imple- of human rights to recognize, respect and protect the individual and collective mentation of activities under the Re- rights of all peoples within their territory regardless of status and other factors. gional Framework based on the latest information from participants, and Human Rights Education to engage in consultations with Member States, UNESCAP, UN We urge that the governments to maintain Human Rights education as a prior- agencies, regional organizations, na- ity, with emphasis on broadening the scope to include Human Rights education as part of the school curriculum and Human Rights education for state organs (ex- tional human rights institutions, civil ecutive, legislative and judicial) and other state institutions at all levels. We believe society and other stakeholders on that the proper and effective human rights education of all those involved in the ad- follow-up to activities under the Re- ministration of justice is key to combating impunity and establishing the rule of law. gional Framework. Human Rights education programs should include among others the rights of continued on page 39

ASIAN HUMAN RIGHTS DEFENDER 37 Advocacy

On the draft Resolution on the Protection of Human Rights Defenders

The need is for protection not regulation

Below is joint oral statement by Al Haq Law in the Service of Man, Amnesty International, FORUM-ASIA, Cairo Institute of Human Rights Studies (CIHRS), Canadian HIV/AIDS Legal Network, Human Rights Watch (HRW), International Federation for Human Rights (FIDH) and International Service for Human Rights (ISHR) on the Draft Resolution on Protection of Human Rights Defenders at 13th Session of the UN Human Rights Council during the General Debate on 23 March 2010.

! e Vienna Declaration and Pro- quote from, rewrite, or restrict the ceptance of “new human rights ideas gramme of Action (VDPA) empha- clear provisions of the UN Declara- and principles” (art. 7). sizes the important work of human tion on Human Rights Defenders, We ask States to recognise the pro- rights defenders and underlines the which was adopted by consensus tection needs of all human rights de- need for States and international after being carefully negotiated over fenders, who often face increased risks organizations, in cooperation with a 13-year period. We are alarmed, of violence, threats and harassment non-governmental organizations, for example, at proposals to narrow because of their peaceful activities. to create favourable conditions at the scope of protection to only those Limiting protection to persons work- the national, regional and interna- defenders working on issues that are ing on rights which are “universally tional levels to ensure the full and “universally recognised”. recognised” turns the VDPA’s a# rma- e" ective enjoyment of human rights ! is proposal would wholly un- tion of universality on its head: “uni- (Para.13). dermine the Declaration, which ex- versality” means all human beings are We are thus particularly alarmed at plicitly a# rms the right of defend- entitled to all human rights. the tone of negotiations on the draft ers to promote the protection and “Universally recognised” signals a resolution on protection of human realisation of human rights without desire to deny human rights to those rights defenders (A/HRC/13/L.24) quali$ cation and advocate for the ac- working on issues that a government taking place during this session of the Human Rights Council, with some governments showing themselves to be more concerned with regulating NGOs than protecting human rights defenders. ! e objective of the resolution is to address the protection needs of human rights defenders. States should act vigorously to protect all human rights defenders from threats, violence, harassment and abuse as is their duty under international human rights law. Instead, many States seem intent on using the resolution to selectively

38 VOL. 6 NO. 1 • JUNE 2010 Advocacy

continued from page 37

women, children, persons with disabilities, migrants, refugees, persons with different sexual orientation and gender identities, indigenous people, as guaranteed in the UDHR. The programs should be compliant with international human rights standards, international humanitarian law and core labour standards. We urge governments to provide adequate fi nancial resources to the National doesn’t recognise or agree with. the obligation of human rights Human Rights education in their annual ! ere was a time when the right defenders to conduct their activi- budgets. to development was seriously ties in accordance with national questioned; the relation between laws overlooks the reality, high- Realization of ESC Rights human rights and a healthy en- lighted by the Special Rapporteur, and the Right to Development vironment or human rights and that national laws are frequently While there have been claims of wide- misused to stigmatise, harass and peace continues to be questioned spread economic growth, we are con- by many States. impede the peaceful activities of cerned by the growing economic dispar- A further issue of concern is human rights defenders. ity and increasing poverty in many of the the proposal requiring NGOs Examples cited by the Special countries in the region. We believe that to disclose sources of funding, Rapporteur include wrongful Economic, Social and Cultural (ESC) rights which is completely unrelated arrest, invoking national secu- cannot be realized only through economic development. Governments should adopt to the protection of human rity laws, public safety legislation, human rights-based approach in all areas rights defenders. On the con- defamation suits, misuse of coun- such as economic and social development trary, this proposal seeks to ter-terrorism legislation, adminis- planning, and trade and fi nance policy. Fur- further regulate the activities of trative and public nuisance laws, ther, we urge governments to enhance defenders. ! e Special Rappor- and legislation regarding registra- transparency and accountability and public teur on human rights defenders tion of NGOs. ! e Declaration participation in economic policy decisions, has documented the extent to makes it clear that human rights including on bilateral and multilateral trade agreements. which restrictive laws or policies defenders work in the framework We urge states parties to the ICESCR are often misused by govern- of national legislation and that to strengthen implementation of the same ments to discredit or hamper these laws must comply with in- and for governments to ratify the Option- the activities of human rights ternational standards, such as the al Protocol to the Covenant. Noting that defenders. rights to freedom of association, rights stipulated in the ICESCR are detailed During the drafting of the assembly and expression. out in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), we urge Every single issue currently in Declaration, a proposal to only Governments that have voted in favor of allow funding for human rights dispute is already addressed by the the UNDRIP to also ensure the full imple- defenders from a source “public- Declaration. Attempts to co-opt mentation of this international instrument. ly known” was debated at length the resolution to rewrite the Dec- Finally, we recommend inclusion of ESC and was speci" cally rejected. laration jeopardise the resolution rights and the right to development as con- Governments should not use itself. If a strong resolution pro- stitutional rights at par with civil and political rights and take all appropriate measures this resolution to re-open those tecting human rights defenders to ensure that these rights are justiciable. discussions. Nor should protec- cannot be adopted by consensus, tion for human rights defend- it will be an embarrassing failure ers be linked to their sources of for the Council, and a clear indi- Endorsed by: Asia Pacifi c Refugee Rights funding. cation to the world beyond these Network • Asian Forum for Human Rights and Finally, the proposal to un- walls of how this Council views Development • Asian Indigenous Peoples’ Pact • Asylum Access • Disabled Persons International derscore without quali" cation civil society. Asia Pacifi c • Informal Sector Service Center • Oxfam International • Working Group for an ASEAN Human Rights Mechanism • US Com- mittee for Refugees and Immigrants

ASIAN HUMAN RIGHTS DEFENDER 39 Advocacy

Sri Lanka: Violations by all parties need redress

This oral statement was delivered by Ms. Pooja Patel on behalf of Asian Forum for Human Rights and Development (FORUM-ASIA) at the 13th Session of the UN Human Rights Council during the General Debate on 15 March 2010.

FORUM-ASIA would like to Committee of the Red Cross (ICRC) to accountability in Sri Lanka, which highlight a range of grave human has not been granted adequate access we see as merely an initial step. rights concerns in Sri Lanka, which to visit the detainees. # e National We urge the member States of this have persisted despite the conclusion Human Rights Commission of Sri Council to fully support this endeav- of the o! ensive between the State Lanka has also been obstructed by or of the Secretary-General. armed forces and the Liberation Ti- the state authorities despite its statu- We further call on the Council, as gers of Tamil Eelam (LTTE). tory right and obligation. Mean- a follow up to its 11th Special Ses- We are concerned over the alle- while, families and inmates have sion on the human rights situation in gations of election-related violence revealed information about torture Sri Lanka, to explore additional, con- and abuse of power surrounding the and disappearances within detention crete and practical measures with a Presidential Elections held in January centers. view to ensuring that the govern- 2010. We urge the government of In this respect, we urge the gov- ment of Sri Lanka comply with the Sri Lanka to establish a multi-party ernment of Sri Lanka to provide Joint Communiqué issued in the mechanism to carry out an unbiased a centralized list of such detainees names of the President of Sri Lanka investigation into such incidents. and enable access to lawyers, ICRC and the UN Secretary General on We are also deeply troubled that and other statutory bodies and in- May 25 2009 which provides for the there has been an increase in media dividuals. establishment of an accountability suppression in the post-election pe- FORUM-ASIA welcomes the re- process to address violations of inter- riod resulting from persistent attacks, cent initiative of the UN Secretary- national humanitarian and human threats and restrictions on media General to establish a Panel of Ex- rights law committed by all parties to personnel and institutions. perts to advice him on issues related the con% ict. We condemn the closure of the Lanka Newspaper o" ce for its work on the elections, and the disappearance of Lanka-E-News editor, Mr. UN special Prageeth Eknaligoda, who went rapporteur on missing on 24 January 2010. extrajudicial We regret that there remains a executions Philip lack of independent and reliable in- Alston said experts had concluded that formation regarding the conditions the controversial of detainees who are on suspicion of video showing a being LTTE cadres. Many of such Sri Lanka Soldier detainees have been denied access to executing a captured Tamil Tiger had not legal counsel to challenge their de- been doctored or tention before a court of law. staged. Additionally, the International

40 VOL. 6 NO. 1 • JUNE 2010 Advocacy

Domestic laws contradict international human rights standards

This joint oral statement was delivered by Ms. Emerlynne Gil on behalf of Asian Forum for Human Rights and Development (FORUM-ASIA), Asian Legal Resource Centre (ALRC) and International NGO Forum on Indonesian Development (INFID) at the 13th Session of the UN Human Rights Council on 11 March 2010. attacks on human rights defenders in Sri Lanka. In particular, is the Special FORUM-ASIA, ALRC and IN- and inclusive manner, and to serious- Rapporteur aware of serious current FID appreciate the reports of both ly consider all the recommendations threats of arbitrary arrest of promi- Special Rapporteurs and their in- presented by the Special Rapporteur nent defender J.C. Weliamuna, the sightful analysis on the need for pre- to serve as a guide in their review of Chairperson of Transparency Inter- ventive measures. domestic legislation. national Sri Lanka? ! e Special Rapporteur on free- ! e Special Rapporteur on the ! e Special Rapporteur also dom of religion or belief highlighted situation of human rights defend- identi" ed the election period as a early warning signals of discrimina- ers identi" ed speaking overseas on time when defenders face height- tion and violence on the grounds or the human rights situation in their ened risks. Concepcion Brizuela and in the name of religion or belief, and respective countries, as one of the Cynthia Oquendo, two lawyers and the Special Rapporteur on the situa- short-term triggers leading to attacks women human rights defenders, two tion of human rights defenders made against defenders, including women were among the 57 people brutally an analogous discussion of long-term human rights defenders. murdered on 23 November 2009 in and short-term triggers compromis- We are very much disturbed to Maguindanao, Philippines. ing the security and protection of see a news item regarding a list of We believe that this massacre is human rights defenders. Sri Lankan human rights defenders another clear evidence of the culture We note with concern that one of and journalists, with each name hav- of impunity that has been pervad- the early warning signs of such dis- ing a corresponding ‘crime’ of being ing in the country for many years. crimination and violence, speci" cally involved in activism or journalism Considering that certain countries in with regard to State actors, is mani- along with a ‘numerical rank’. Some Asia will be having elections in the fest in domestic legislation which persons included in the list have pub- coming months, we would appreci- are in contradiction to international licly addressed their concerns over ate if the Special Rapporteur could human rights norms and standards, Sri Lanka’s human rights records at further elaborate her views on how even to their own constitutions in this Council and other international States should ensure the security and many cases. and national forums. protection of defenders including In this regard, we welcome the in- As a result, they have had to remain women human rights defenders dur- tervention made by the Indonesian outside of the country for fear of re- ing this very critical time. government this morning that the prisals. To date, we have not heard of Lastly, we urge those States which constitutionality of the Blasphemy a response from the Sri Lankan gov- have yet to respond to the requests of Law of 1965 is being challenged at ernment to this news item, despite country visits by the Special Rappor- the Constitutional Court, which is two prominent defenders addressing teur - Sri Lanka and Philippines as discriminatory and often used as a a letter to the President of Sri Lanka well as China, India, Malaysia, Ne- tool to target religious minorities. in this regard. Is the Special Rappor- pal, Singapore, among other coun- We urge other States to follow the teur aware of this list? We would like tries, to cooperate with the Special commitment of Indonesia to address to hear how she could address this Rapporteur and allow her to e# ec- these issues in the most democratic and other threats, intimidation and tively discharge her mandate.

ASIAN HUMAN RIGHTS DEFENDER 41 Advocacy

Burma: International pressure must remain to address human rights violations

This joint oral statement was delivered by Mr. Thaung Htun on behalf of Asian Forum for Human Rights and Development (FORUM-ASIA), CONECTAS Direitos Humanos and Worldview International at the 13th Session of the UN Human Rights Council during the Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Burma/Myanmar on 15 March 2010.

FORUM-ASIA, CONECTAS parties registration and the rules for cial Rapporteur that the SPDC shall and Worldview International appre- the members of parliament and local abide by international humanitarian ciate the report (A/HRC/13/48) of legislatures, only sustain our doubts law, especially article 3 of the Geneva the Special Rapporteur, Mr. Quin- as legitimate. " ese election laws Conventions regarding the protec- tana, in which he recon! rmed a pat- are designed to exclude Daw Aung tion of civilians, we would appreciate tern of gross, widespread and system- San Suu Kyi and other prisoners of to hear from the Special Rapporteur atic violation of human rights in the conscience from any political process further on what measures should be country. ahead. taken at the regional, international In this vein, we strongly support Furthermore, the Election Com- or UN levels in order to deter the SP- the extension of his mandate and mission has a discretional power DC’s perpetration of human rights urge the Council to provide a neces- to determine whether the election abuses against ethnic civilians at this sary resolution with a view to fully should be held in the districts a# ect- critical time. acting upon the conclusions and rec- ed by “natural catastrophe or security Lastly, the Special Rapporteur en- ommendations made by the Special concerns”. visaged in his report that the newly Rapporteur, in particular the estab- " is implicates that there would established ASEAN Intergovern- lishment of a UN commission of be no polling in certain areas, includ- mental Commission on Human inquiry with a speci! c fact-! nding ing those controlled by armed ethnic Rights (AICHR) may present anoth- mandate to address the question of organizations that have signed cease- er forum to address human rights crimes against humanity and war ! re agreements but failed to join the concerns of the county. Given the crimes. Border Guard Force under the con- fact that the AICHR lacks indepen- At the 10th session of this Coun- trol of the SPDC’s army. dence and e# ective protection man- cil, we put on record our serious It is of our grave concern that date at the moment, we would like to doubts that the SPDC’s road map in the run up to the election, there hear the Special Rapporteur’s view to democracy is only to legitimize are increasing tensions and risk of on how he intends to work with the its military rule through the elec- resumption of con$ ict between the AICHR and the ASEAN member tion scheduled to take place this year. SPDC’s army and ethnic cease! re States in bringing the improvement " e election laws announced by the groups, and thereby the su# erings of of human rights in the country. SPDC on 8 March 2010 regarding civilians have drastically intensi! ed. an election commission, political While we echo the call of the Spe-

42 VOL. 6 NO. 1 • JUNE 2010 Advocacy

Cambodia: Government must act beyond ‘acceptance’ of UPR recommendations

This oral statement was delivered by Ms. Angkana Krabuansaeng on behalf of Asian Forum for Human Rights and Development (FORUM-ASIA) at the 13th Session of the UN Human Rights Council during the Universal Periodic Review (UPR) Plenary on Cambodia on 17 March 2010.

FORUM-ASIA regrets that Cam- is enshrined in the Constitution as We strongly echo the recommenda- bodian government did not provide one of the fundamental rights while tions made during the UPR Working any written response in advance re- asserting that the government would Group to fully implement the 2001 garding its position on each recom- not tolerate social disorder or endan- Land Law and institute a morato- mendation by the Universal Periodic gering national unity and security. rium on evictions until safeguards Review (UPR) Working Group of We do not see how human rights such as prior consultation, full com- last December. defenders who are protecting funda- pensation and access to basic services We believe that the practice of mental rights such as land and hous- and infrastructure in relocation areas submitting a written response for ing rights with peaceful means, can can be guaranteed. circulation prior to the adoption of be perceived as a threat to social or- We note the outstanding country the UPR outcome report has been der or national security. visit requests to Cambodia by the developed in the Council thus mak- # is form of discretionary ap- Special Rapporteur on the Indepen- ing this one-hour plenary meeting a proach by the government to the dence of Judges and Lawyers, and more substantive exercise. right to freedom of assembly and ex- urge the Cambodian government to While we welcome the earlier state- pression is also shown in the recent accommodate these requests at its ment by the delegation that the Cam- crackdown against the demonstra- earliest. bodian government accepts most of tors in Dangkor District, Phnom All allegations of corruption with- the recommendations, we still would Penh City, on 1 March 2010, who in the judiciary should be immedi- like to get clari! cations on what are protested alleged seizure of their ately investigated by an independent the areas of its reservations. farmland. mechanism, if the government seri- We also urge the Cambodian gov- Legitimate activities of human ously hopes the Extraordinary ernment to make proactive e" orts rights defenders were also obstructed Chambers in the Courts of Cambo- to publicize and widely disseminate in the incident when the monitors dia (ECCC) becomes a model court this UPR report and to take genuine from human rights groups had their for future judicial systems not only steps to engage with civil society or- cameras con! scated and all photo in Cambodia but also for the world ganizations in the country following evidence was deleted. as stated by the Cambodian delega- up on its ! rst UPR outcome. # e concerns of the international tion during the UPR Working During the UPR Working Group, community regarding the gravity Group. the Cambodian delegation rhetori- of forced evictions and land grab- cally stated that freedom of expression bing in Cambodia are unequivocal.

ASIAN HUMAN RIGHTS DEFENDER 43 Features

Nepal activist wins 2010 Gwangju Prize for Human Rights

of various human rights bodies and organizations, including the human rights organization INSEC and the Forum for the Protection of Human Rights, the # rst human rights organization in the country. He is also a former Commissioner of Nepal’s National Human Rights Commission (NHRC). In the course of his long and impressive career in this # eld he has played a crucial role in encouraging international pressure against the royal regime and in the establishment of the O$ ce of High Commissioner # eld o$ ce in Nepal. In addition he has represented his country at several international events in Japan, India and the USA. Mr. Pyakurel is the current President of the Accountabil- ! e May 18 Memorial Foundation in Gwangju, Ko- ity Watch Committee (AWC) in Nepal, and a member rea proclaimed Sushil Pyakurel as the winner for the of the Dialogue Group for the Constituent Assembly. 2010 Gwangju Prize for Human Rights. ! e awar was conferred on 18 May 2010 in a ceremo- For over two decades Sushil Pyakurel has been ac- ny to commemorate the May 18 Gwangju Democratic tively involved in the promotion and protection of hu- Uprising. ! e prize award includes a medal, a certi# cate man rights and democracy in Nepal. He is the founder of achievement and a cash award. Human rights defender from India to receive human rights prize ! e human rights prize of the man rights groups to care for the vic- city of Weimar for the year 2010 tims individually. goes to Lenin Raghuvanshi Because of his commitment to hu- Dr. Lenin Raghuvanshi has been man rights his family, associates and working for the rights and interests he continue to face hostility (includ- of the Dalits for the past 15 years, ing death threats) from adversaries. primarily in the North Indian state ! e award will be made on De- of Uttar Pradesh. As the founder of cember 10, proclaimed by the Unit- the “People's Vigilance Committee ed Nations as the International Hu- on Human Rights” (PVCHR), he man Rights Day. has striven to maintain and enforce Lenin Raghuvanshi was proposed the fundamental rights of vulnera- for this Award by the "Friedrich Nau- ble groups such as children, women, mann Foundation for Freedom". Dalits and indigenous minorities. ! e city of Weimar has the hon- He has also been involved in our to remember its special historical the documentation of information responsibility and remember all the on many kinds of human rights nameless victims of dictatorships and violations such as starvation, police tyrannies in the world, a human torture, child labor, etc., and tried rights award. through cooperation with local hu-

44 VOL. 6 NO. 1 • JUNE 2010 Features

Sri Lanka woman ! e Gwangju Prize for Hu- man Rights is an award given to individuals, groups or institu- among 2010 International tions in Korea and abroad that have contributed in promoting and advancing human rights, Women of Courage democracy and peace in their work. ! e award is given by the Gwangju people in the spirit of awardees solidarity and gratitude from Jensila Majeed is the Managing those whom they have received Trustee of Community Trust Fund help in their struggle for democ- in Puttalam province, a FORUM- ratization and search for truth. ASIA member in Sri Lanka. ! e ! e Gwangju Prize is admin- Trust oversees a number of programs istered by ! e May 18 Memo- on minority and women’s issues, in- rial Foundation, a non-pro" t cluding women’s rights, peace build- organization established on 30 ing, relief work, working with young August 1994. It was organized people, and mine-risk education in by survivors and relatives of the North and East. victims of the 1980 Gwangju Majeed’s own particular focus is Democratic Uprising, and the on uniting the Muslim and Tamil citizens of Gwangju. communities in her province. On 10 ! e Foundation aims to March 2010, she was awarded the commemorate and continue 2010 International Women of Cour- the spirit of struggle and soli- age (IWOC) Award by Senator Hill- darity of the May 18 Uprising, ary Clinton. contribute to the peaceful re- On 1 March 2010, Secretary uni" cation of Korea, and work Clinton announced the 10 winners towards peace and human rights of this year’s International Women throughout the world. of Courage (IWOC) award, which pays tribute to outstanding women Since its establishment, the was presented at the Department of leaders worldwide. It recognizes the Foundation has carried out State. courage and leadership shown as numerous projects in varying ! e other awardees include they struggle for social justice and " elds, including organizing Shukria Asil (Afghanistan), Col. human rights. memorial events, establishing Sha" qa Quraishi (Afghanistan), An- “! ese ten women have overcome scholarships, fostering research, droula Henriques (Cyprus), Sonia personal adversity, threats, arrest, disseminating public informa- Pierre (Dominican Republic), Shadi and assault to dedicate themselves to tion, publishing relevant ma- Sadr (Iran), Ann Njogu (Kenya), activism for human rights,” said terials, dispensing charity and Dr. Lee Ae-ran (Republic of Korea), Melanne Verveer, the State Depart- welfare bene" ts, building inter- Sister Marie Claude Naddaf (Syria), ment’s " rst ever Ambassador-at- national solidarity, and award- and Jestina Mukoko (Zimbabwe). Large for Global Women’s Issues. ing the Gwangju Prize for Hu- ! e annual International Women “From striving to give more voice to man Rights. of Courage Award was started in politically underrepresented women In congratulating Sushil, fel- March 2007 to recognize women in Afghanistan to documenting hu- low human rights activists said around the globe who have shown man rights abuses in Zimbabwe, the award was a “true recognisa- exceptional courage and leadership these heroic individuals have made it tion of non-voilent and demo- in advocating for women’s rights and their life’s work to increase freedom cratic peoples’ uprising for de- advancement. ! is is the only award and equality in the world.” mocracy and rule of law.” within the Department of State that

ASIAN HUMAN RIGHTS DEFENDER 45 Feature

2010 Gwangju Asian Forum

To commemorate 30th anniversary of May 18 Gwangju Uprising, the May 18 Foundation organised 2010 Gwangju Asian Forum on 17 to 23 May 2010 with theme, “Asia: Yesterday, Today and Tomorrow”. In her key- note speech during the opening ceremony Hee-ho Lee, president of Kim Dae-jung Peace Centre and also former ! rst lady of South Korea, stressed the importance of keeping peace and democracy in Asia through solidarity.

With around 500 participants mainly from Asia, 2010 Gwangju Forum included the Annual Festival, the 30th anniversary commemorative ceremony, and awarding of the Gwangju Prize for Human Rights and a ! eld trip. Also, participants organized several workshops on 19-20 May on di" erent issues, including democracy in Asia, environment and climate change, peace resolution, and human rights and freedom of expression in Asia. (Text by Gayoon Baek)

30th Anniversary Commemorative Ceremony of the May 18 Democratic Uprising

On 18 May, participants visited the National Cemetery of the May 18 Democratic Uprising to attend an o# cial ceremony and also pay tribute to the human rights defenders who died in defense of democracy in the country. $ is year’s commemoration was especially meaningful since it marks the 30th Anniversary of the May 18 democratic uprising. Despite the importance of the occasion, the o# cial ceremony was tarnished with the government’s refusal to include the song e March for ou , a symbolic song for May 18 democratic uprising, and prevention of members of the Civil Servants’ Union from visiting the cemetery. As a result, many human rights organizations including victims’ families refused to attend the o# cial ceremony, which ended as a ceremony that does not fully incorporate the spirit of the May 18 democratic uprising.

46 VOL. 6 NO. 1 • JUNE 2010 Feature

Democracy in Asia: Progress or Crisis?

During 2010 Gwangju Asian Forum, FORUM-ASIA, together with People’s Solidarity for Participatory Democracy (PSPD), Solidarity for De- mocracy Movement in Asia (SDMA), Asian Regional Exchange for New Alternatives (ARENA) and Korean Institute of Southeast Asian Studies (KISEAS), organized a workshop with the title “Democracy in Asia: Prog- ress or Crisis?”. ! e workshop identi" ed emerging trends and challenges in protecting human rights and democracy in Asia with a view towards developing strategies and a common commitment among civil society groups in Asian in developing democracy and promoting human rights in the region. Around 60 participants from all over the Asia actively shared their experiences and discussed strategies on monitoring di# erent government branches (executive, legislative and judicial branches), at the national level and how to enhance democratic governance at the regional level through regional mechanisms such as ASEAN and SAARC. Participants emphasised the importance of civil society participation in the decision making process as a means to strengthen democracy in the region.

Grand March

Participants held the Grand March on the last day of the 2010 Gwangju Asia Forum. As they marched from the Kim Dae-jung Convention Cen- tre to the May 18 Foundation o$ ce, a band played e March for ou , which is considered the anthem for the May 18 democratic uprising.

ASIAN HUMAN RIGHTS DEFENDER 47 48 VOL. 6 NO. 1 • JUNE 2010