The contents of this publication may be quoted from or copied so long as the source and authors are acknowledged, and FORUM-ASIA is informed about the use. Supported by the Ford Foundation and the Swedish International Development Cooperation Agency (Sida) profile of the EDITORS

MARTE HELLEMA is the Information, Communication and Publication (ICP) Programme Manager for the Asian Forum for and Development (FORUM-ASIA), based in Bangkok, . Formerly she was the Regional Coordinator Asia Pacific and Programme Manager Public Outreach at the Global Secretariat of the Global Partnership for the Prevention of BETTINA STUFFER Armed Conflict (GPPAC). works as intern with the ICP Programme of FORUM-ASIA, based in Bangkok, Thailand. She graduated with a Master’s degree in Social and Political Conflict from Augsburg University, Germany. Previously she worked on the prevention of drug dependence as a social worker LORENZO URBINATI with Prop e.v., Germany is the ICP Programme Officer for FORUM-ASIA, based in Bangkok, Thailand. He graduated with a Master’s degree in International Relations from LUISS University, Italy. Before joining FORUM-ASIA in 2013, he worked in PANU Belgium and Africa. BOONPIPUTTANAPONG

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Original cover photo by the Cambodian League for the Promotion and Defense of Human Rights (LICADHO), Kieren Michael Ngalia McGovern and Lorenzo Urbinati

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2 table of CONTENTS

Foreword 9

Evelyn Balais-Serrano 11

Introduction 13

Henri Tiphagne 15 chapter 1 THE HISTORY OF THE ASIAN FORUM FOR 17 HUMAN RIGHTS AND DEVELOPMENT (FORUM-ASIA)

Sister Crescencia Lucero 27

How a Morning Coffee Changed the ASEAN Regional 29 Infrastructure – The story of ALTSEAN-Burma, based on an interview with Debbie Stothard, written by Marte Hellema

Adilur Rahman Khan 35

Elections as Key for Democratisation across Asia – The story 37 of the Asian Network for Free Elections (ANFREL), based on an interview with Ichal Supriadi, written by Bettina Stuffer

Frank La Rue 43

Khin Ohmar 45

Asia-Pacific Campaign on the Rome Statute of the 47 International Criminal Court –The story of an ongoing campaign for international justice, by Evelyn Balais-Serrano

Anselmo Lee 59

3 In Memoriam 61

Nimalka Fernando 65 When the Challenges Are So Big that Regional Collaboration 67 is a Must – The story of the Asia Pacific Refugees Rights Network (APRRN), by Julia Mayerhofer Cecil Shane Chaudhry 71

Yibee Huang 73 National Human Rights Institutions Advocacy – The story 75 of the Asian NGOs Network on National Human Rights Institutions (ANNI), by Joses Kuan Chalida Tajaroensuk 79

Capacitating a New Generation – The story of the Glo-cal 81 Advocacy Leadership in Asia (GALA) Academy, by Sejin Kim Haris Azhar 89

A Canvas of Possibilities – The story of the Regional Initiative 91 For a South Asia Human Rights Mechanism (RISAHRM), by Anjuman Ara Begum and Mukunda Kattel 99 Teesta Setalvad Somchai Homlaor 101

4 chapter 2 THE HISTORY OF THE HUMAN RIGHTS 103 MOVEMENT IN ASIA

Subodh Raj Pyakurel 111

Countless Shades of Grey – IID and Asia Pacific 113 Coalition for (APCET): The story of civil society interpolation on human rights and right to self-determination in East Timor, by Initiatives for International Dialogue (IID)

Consuelo Katrina (Corinna) A. Lopa 119

Informed People are Powerful – The story of the Access 121 to Information Campaign in Mongolia, by Naranjargal Khashkhuu

Ruki Fernando 129

Not Forgotten 131

On the Frontline Defending Human Rights in 133 – The story of the persecution of Adilur Rahman Khan and Odhikar, by Odhikar

Kate Lappin 141

Activists beyond Borders – The story of the international 143 campaign for human rights in , by Ruki Fernando

Sayeed Ahmed 153

Take Back the Tech! – A story of gender rights and online 155 spaces in , by Zoya Rehman

Debbie Stothard 161

5 chapter 3 LESSONS LEARNT FROM 25 YEARS 163 OF HUMAN RIGHTS WORKS

Phil Robertson 171

Dark Days and Darker Nights – A Malaysian Story of National 173 ‘Security’, by SUARAM

Datin Paduka Hajah Intan bte Haji Mohd 181

Examples of an Ongoing Struggle – Stories from Ain o Salish 183 Kendra (ASK), Bangladesh, by Aklima Ferdows Lisa

Jose Pereira 191

On Solving an Armed Conflict through a Peace Dialogue – 193 The story of Aceh, by Juanda Djamal

Jerald Joseph 207

The Long Struggle to Fight against the Shrinking Space for 209 Civil Society in – The story of the advocacy to stop the enactment of Societal Organisation Law, by Poengky Indarti 219 Urantsooj Gombosuren 221 A 14-Year Struggle for Justice for Torture Victims Still Continues – The story of People’s Watch, , by Henri Tiphagne, Mathew Jacob and Shivani Lal 229 Chhan Sokunthea 231 Rafendi Djamin 233 The Citizens’ Alliance for the General Election (CAGE) 2000 Blacklists Corrupt Candidates – A story from the People’s Solidarity for Participatory Democracy (PSPD), by Taeho Lee 241 Shahindha Ismail 243 Ichal Supriadi

6 chapter 4 THE FUTURE OF HUMAN RIGHTS 245 IN ASIA Sevan Doraisamy 257

SMS Blast: An Innovative Movement for Greater Human Rights 259 Challenges – A story from the Commission for the Disappeared and Victims of Violence (KontraS), by Rei Firda Amalia

Naranjargal Khashkhuu 265

Jose Luis Martin (Chito) Gascon 267

A Terrorist or a Victim – The story of two Muslim Ustas from 269 Yala, by Chalida Tajaroensuk

Poengky Indarti 271

Makoto Teranaka 273

Rights’ Victory over Surveillance – The story of the victory over 275 the Government Communications Headquarters of the (UK), by Muhammad Arsalan Ashraf

Rosslyn Noonan 279

The Dilemmas of a Social Movement – The story of the 281 Sunflower Movement, by E-Ling Chiu

Anoop Sukumaran 289

7 Organisational Profiles 291

FORUM-ASIA Donor Partners Over the Years 331

Contributors 333

Abbreviations 337

8 FOREWORD

On the occasion of FORUM-ASIA’s 25th Anniversary, we are launching this publication as part of our 25th Anniversary campaign.

As we celebrate 25 years of FORUM- those victimised, marginalised and ASIA’s struggle for human rights, we discriminated against during those look back at our beginnings and reflect difficult years in the past characterised on the vision and the mission we have by repressive regimes, conflicts and committed ourselves to accomplish. We transitions to democracy. look back and assess what we have done and what we have failed to do. We I have been privileged to be part of look back and appreciate our milestones FORUM-ASIA from its beginning till now, through the situations we have dealt in different stages of its development, with, like our very first mission to Burma, in different capacities. I have been the cases we have campaigned on, like witness to some of its ups and downs, the cases of , Xanana its triumphs and victories, as well as its Gusmao and other political prisoners, often difficult internal transitions. As a and the victims, their families and membership-based organisation, it has communities we have helped, like the endured the challenges that go with its people of Aceh and Timor-Leste. nature as a membership network and survived the test of time. Indeed, the We recall the many trainings, organisation has grown – from its 19 conferences, protest mobilisations and founding members to around 50 we solidarity actions we have organised, have now, from a two-staff room-office the lobby with Governments through to 25 staff with three more offices in all possible avenues we could use, Geneva, Jakarta and Kathmandu. And including the United Nations (UN) and with these changes and developments, the International Criminal Court (ICC) – FORUM-ASIA has become a key player all in our search for justice and protection and contributor to the promotion and of human rights for all, especially for protection of human rights in Asia. 9 The publication Our Struggle for Human Rights – 25 Years of FORUM- ASIA features many, if not all of these narratives of the past two decades and a half of FORUM-ASIA’s existence. It also includes, based on these narratives, lessons learnt and other reflections. It tries to present the future of human rights and democracy in the region. This vision is based on a collective process of projecting and envisioning the The struggle goes on as we look forward future of human rights and democracy to another 25 years of commitment through a series of workshops, towards the promotion and protection interviews and written submissions, of human rights and democracy in the as part of the preparation for the 2016 region, and elsewhere in the world. General Assembly and 25th Anniversary celebration of FORUM-ASIA. With the MABUHAY! emerging trends in human rights and democracy, we foresee an even more Evelyn Balais-Serrano challenging future ahead. Executive Director of FORUM-ASIA 10 11 ‘I think in terms of vision [FORUM-ASIA is] at that point where we can say we really have empowered certain sections in the population of the different countries we have worked in.’

Evelyn Balais-Serrano Executive Director, FORUM-ASIA

12 INTRODUCTION

In 2016 the Asian Forum for Human The publication features four types of Rights and Development (FORUM-ASIA) content, being: celebrates its 25 year anniversary. 25 years of promoting and protecting human • Thematic/reflective chapters – which rights. 25 years of trainings, campaigns, were written based on inputs from a advocacy efforts, and much more. This range of people, and reflect on: the is both a reason for celebration and history of FORUM-ASIA; the history reflection. To reflect on what we have of the human rights movement in done, what lessons we have learnt, and Asia; lessons learnt from 25 years of what we see as priorities for the future. human rights work; and the future of The following publication aspires to do human rights in Asia, just that. • Case-studies – stories from across FORUM-ASIA is a network of human the region that highlight different rights organisations from all over Asia. specific experiences of human rights FORUM-ASIA’s mission is to strengthen defenders (HRDS) from the last 25 the human rights movement in Asia years, through advocacy, capacity building and solidarity action. It was established in • Spotlights on people – photos and 1991, and currently has members in over quotes from different people that 20 countries across the region. contributed to this publication, as well as short commemorations of The publication you hold in your hand, is important people that have been lost part of a campaign to celebrate 25 years along the way, and of FORUM-ASIA. An online version, which will include a lot of additional • Organisational profiles – videos, articles and other content, is organisational information of the available at https://25.forum-asia.org. current FORUM-ASIA members. ‘Our Struggle for Human Rights – 25 years of FORUM-ASIA’, hopes to reflect The content for this publication was on and learn from the past, showcase collected in different ways. 36 people accomplishments, and look towards the were interviewed, some 80 participated future. While it is being published as part in different meetings and consultations, of the anniversary of FORUM-ASIA, it and some 35 submitted written inputs. hopes to be of value for all that are or Documents from the FORUM-ASIA who desire to become involved with the archive, as well as online sources were human rights movement in Asia. used to finalise different parts of the text. 13 Obviously any misrepresentation or factual errors are the sole responsibility of the editors. We apologise in advance if this is the case. We also want to emphasise that this publication by no means pretends to be exhaustive. The Finally, we would like to thank everyone chapters are written based on reflections that has contributed to this publication, as we gathered them, the cases were in particular our donors. We hope that selected based on experiences that it will give people hope, make people were shared, and choices in individuals remember, and inspire all that are or that are highlighted in different manners want to be involved in the human rights throughout the publication were made movement in the region. upon the discretion of the editors. We know we have left out many important Marte Hellema, Lorenzo Urbinati moments, projects, developments, and Bettina Stuffer, organisations and individuals, and the Information, Communication and apologise for this. Publication Team of FORUM-ASIA 14 15 ‘All that we tell young people is never, never see a violation and keep quiet.’

Henri Tiphagne Chairperson of FORUM-ASIA (2012-2016) and Executive Director, People’s Watch, India

16 THE HISTORY OF THE ASIAN chapter 1 FORUM FOR HUMAN RIGHTS AND DEVELOPMENT (FORUM-ASIA)

In 2016 FORUM-ASIA celebrates its 25 anniversary. 25 years of working, struggling, striving for the realisation, promotion and protection of human rights across Asia. 25 years of trainings, campaigns, missions and many other The founding years 1991-1994 activities. In December 1991, a regional The road has not always been easy for consultation, ‘On Collaboration between FORUM-ASIA. As with any organisation Human Rights Organisations in South it has had its highs and lows, growing and South-East Asia’, was held in pains and moments where we needed Manila, the . During the to re-evaluate and re-strategise. While meeting a new network was established, completely natural to the growth of an the Asian Forum for Human Rights and organisation, such moments have not Development (Forum-Asia). always been easy for those involved. It is the belief in human rights that brought us The idea for the consultation came from and continues to bring us together. D.J. Ravindran, former Legal Officer for Asia for the International Commission The following chapter tells the history of Jurists (ICJ). Prior to the consultation of FORUM-ASIA. Obviously it is a he had visited several countries in the subjective selection of moments region to gain input for a working paper that we – the editors – believe have to be used during the event. been significant for the history and development of the organisation This first consultation had participants and network. We have not included from nine countries representing everything, and apologise in advance to 19 organisations,1 who became the all that have played an important role in founding members of Forum-Asia. These FORUM-ASIA over the years who we did organisations were: not manage to include.

1 Asian Forum for Human Rights and Development (Forum-Asia), (1991), A compilation of Documents of the Founding Consultation held in Manila, the Philippines, December 1991, Forum-Asia: Bangkok, Thailand.

17 Ain O Salish Kendra (ASK) from Paglilingkod Batas Bangladesh, Pangkapapatiran Foundation (PBPF) from the Philippines, Legal Resource for Social Action (LRSA) from India, Tanggol-Kalikasan (TK) from the Philippines, Indonesia Legal Aid Foundation (YLBHI) from Indonesia, Paralegal Training and Service Center (PTSC) from the Suara Rakyat Philippines, (SUARAM) from Malaysia, Movement for Inter-Racial Informal Sector Service Centre Justice and Equality (MIRJE) (INSEC) from , from Sri Lanka,

Human Rights Commission of Law and Society Trust (LST) Pakistan (HRCP) from Pakistan, from Sri Lanka,

Task Force Detainees of the Information Human Rights Philippines (TFDP) from the Documentation Centre Philippines, (INFORM) from Sri Lanka,

Philippine Alliance of Human Union for Civil Liberty (UCL) Rights Advocates (PAHRA) from from Thailand, the Philippines, Coordination Group for Religion Protestant Lawyers League of in Society (CGRS) from the Philippines (PLLP) from the Thailand, and Philippines, Friends of Women Foundation Pilipina Legal Resources Center (FWF) from Thailand. (PLRC) from the Philippines,

18 The initial objectives of Forum-Asia The first months after the founding were to: ‘conduct programmes to further meeting were spent drafting proposals strengthen the effectiveness of human and raising funds. D.J. Ravindran was rights organisations in the region and to asked to help develop and establish facilitate collaboration between them.’2 the organisation as a consultant, and The idea was that while there was an was joined in this task by Chalida increase in organisations working in Asia Tajaroensuk. During the 1991 meeting on human rights, these organisations it had been suggested that Forum-Asia were mostly set up or run by groups in should be hosted by one of the founding Europe or North America. The notion organisations. The UCL, based in was that the region needed a regional Bangkok, Thailand became the host to network that was set up by Asians for the regional secretariat of the network. Asians. Forum-Asia would provide a Ms. Songphorn Tajaroensuk became the voice for victims of human rights abuses, first Secretary General of Forum-Asia. their families and those that were attempting to defend them, the human The first activity that Forum-Asia right defenders (HRDs) themselves. undertook was organised jointly with TFDP and PTSC. It was a ‘Regional Training Programme on Fact-Finding and Documentation of Human Rights ‘(..) The idea was really, during that time, Violations’, which took place on 27 to capacitate, with that vision, to have an September-12 October 1992 in Manila. Asian voice, to capacitate activists to be It was an indication of the initial focus of able to express that voice.’ the network. During the first years the Evelyn Balais-Serrano, Executive activities and campaigns of Forum-Asia Director of FORUM-ASIA largely centred on capacity building with the vision of strengthening the member organisations in the region. Building on There was a conscious choice to include the experience of some of the members, both human rights and development these skills were shared and spread in the name. While most, if not all, throughout the network. organisations initially involved were human rights organisations, there was a In 1993, Forum-Asia became involved recognition of the interconnectedness of in the UN World Conference on Human the human rights concerns that many of Rights, including in the preparatory the founding members worked on with process that resulted in the ‘Final socio-economic development, including Declaration of the Regional Meeting for developmental and economic inequality, Asia of the World Conference on Human and market globalisation. Throughout Rights or Bangkok Declaration’3. This Forum-Asia’s history so far though – that was the start of the advocacy component is till 2016 – the development part of its of Forum-Asia’s work. Something which name has been overshadowed by the would become a central part of its work on human rights. strategies in the following years.

19 ‘(..) FORUM-ASIA is a kind of first, Given its status as being in an original inspiration, Asian inspiration experimental phase, no full-fledged for many of us who became closer, Secretariat had been set up in the informed, educated about the local level first years. During the 1994 GA it Asian movements in various parts of was decided that such a full-fledged Asia. So FORUM-ASIA is the centre Secretariat should be established, yet for human rights education and for remain an unregistered association that the inspiration for the struggle to take would not seek judicial status. As such, it forward.’ was decided that UCL would continue to Adilur Rahman Khan, Secretary of host the Secretariat.5 Odhikar

On 14-17 October 1994, the first General Assembly (GA) of Forum-Asia was held at the Wangree Resort in Nakorn Nayok, Thailand.4 The first three years had been labelled to be ‘an experimental period’ from the start, so the GA focussed primarily on reviewing this period and making decisions for the future. During the meeting it was agreed that Forum- Asia had a distinct character and role to play and should therefore be continued and expanded.

‘(..) FORUM-ASIA is unique, (..) it is an Asian solidarity human rights NGO for Asians and also by Asians.’ Anselmo Lee, former Executive Director of FORUM-ASIA 2 Asian Forum for Human Rights and Development (Forum-Asia), (1994), Report of Activities 1992- 1994, Forum-Asia: Bangkok, Thailand.

3 See faculty.washington.edu/swhiting/pols469/ Bangkok_Declaration.doc.

4 Asian Forum for Human Rights and Development (Forum-Asia), (1994), Report of Proceedings of the First General Assembly, Forum-Asia: Bangkok, Thailand.

5 Ibid.

20 Consolidation and growth in Member States of the Association of 1994-2004 Southeast Asian Nations (ASEAN) that support the movement for human rights With Forum-Asia no longer being in and democracy in Burma. For the full the experimental phase, the time to story on ALTSEAN-Burma see page 29. strengthen and expand the network started after the GA of 1994. New Forum-Asia’s involvement in the strategies and programmes were developmental stage of new initiatives developed, including diplomacy, has been repeated multiple times human rights education, advocacy during the network’s existence. Forum- and campaigning. The Secretariat also Asia would be part of identifying a key expanded its work on particular focus concern or issue related to human rights, areas, including from 1995 on women’s it would (co-)organise a meeting on the human rights. topic, during which a new network or collective would be established. Often, ‘(..) We need a safe space and also an Forum-Asia would initially fulfil the role enabling [environment] for us to realise of Secretariat or host the Secretariat the dream that we have to implement our for the new group before they became belief and commitment. (..) FORUM ASIA independent. is the one who created and provided that safe space. (..) and that platform that we In this manner the Asian Network can come together and hold hands to for Free Elections (ANFREL) was each other.’ established in 1997. ANFREL works to Khin Ohmar, Coordinator of Burma promote and support democratisation Partnership at national and regional levels across Asia. They focus on elections and In 1995 Forum-Asia undertook its first election monitoring. For more about country mission. The regional mission ANFREL see page 37. Another example to Burma focused on assessing the is Forum-Asia’s involvement with the situation in the country. The group met non-governmental organisations (NGO) with different stakeholders, including Coalition for the International Criminal Aung San Suu Kyi, and based on these Court (CICC) in 2001, see page 47, and engagements assessed how Forum-Asia many would follow. could assist the HRDs of the country to improve the human rights situation in With time, the particular organisational Burma. priorities of Forum-Asia changed. In a report from 1999 the network A year later, in 1996, the involvement describes itself by stating that ‘(..) It of Forum-Asia in Burma became strives to promote, on the basis of instrumental to the establishment of the global perspective, a regional initiative Alternative ASEAN Network on Burma towards the protection of human rights, (ALTSEAN-Burma), a network comprised of organisations and individuals based

21 development and peace in the region Reflections from 2002 highlight through collaboration of human rights ‘the emergence of FORUM-ASIA and development NGOs and people’s [as] a regional entity recognized by organizations in Asia.’6 governments, intergovernmental organizations and civil society groups Testimony to this growing focus on in the region and elsewhere. It has global advocacy, was the granting of emerged as a major partner in most consultative status to Forum-Asia in leading human rights activities.’7 2004 to the United Nations Economic However, at the same time it was and Social Council (ECOSOC status) also said that ‘We are still faced with after a two year application process. the challenge of linking human rights ECOSOC status provided Forum-Asia activism from local, national, regional with access to ECOSOC, its many and global level. (..) we have to subsidiary bodies, the various human acknowledge that not all members are rights mechanisms of the United Nations equally engaged in all the campaigns (UN), ad-hoc processes on small arms, and activities conducted by Forum-Asia.’8 and special events organised by the President of the General Assembly. To While by no means unique to a network be able to obtain ECOSOC status, the organisation, Forum-Asia decided to Forum-Asia Foundation was officially address these issues and those raised registered in 2000. in a previous evaluation. In 2003 it established a project on ‘Transforming ‘(..) In addition to support the national the Secretariat’. An external consultant, at a regional level, FORUM-ASIA also Deep Rai, was tasked to address the provides a platform in the context of challenges and needs identified by staff global civil society movement. (..) a and the Executive Committee.9 platform for Asian, southern NGOs, civil society to play a role at the global level.’ Rafendi Djamin, First Representative of Indonesia to the ASEAN 6 Ramaseshan, Geeta, (1999), Narrative Report Intergovernmental Commission on of Regional Workshop on Civil Political Rights: Integrating Human Rights Standards - 26-28 Human Rights (AICHR) and Executive June 1999, Phnom Penh, , Forum-Asia: Director of the Human Rights Working Bangkok, Thailand. Group (HRWG) 7 Asian Forum for Human Rights and Development (Forum-Asia), (2002), Report of Activities 2002, However, developing, expanding and Forum-Asia: Bangkok, Thailand. strengthening a network is not easy. Known challenges that civil society 8 Ibid. organisations (CSOs) face across the 9 Asian Forum for Human Rights and Development globe, are multi-layered by additional (Forum-Asia), (2003), Report of Activities January- complications when working through a December 2003 Draft, Forum-Asia: Bangkok, regional network. Thailand.

22 The path to independence 2005-2013

Initiated by the aforementioned members’ advocacy in UN fora. Second evaluation and the project, ‘Transforming is to encourage accountability of Asian the Secretariat’, a process was set in member states to UN Human Rights motion to change Forum-Asia. At the Mechanisms. GA of 2004 it was decided that a new function would be established, being that of an Executive Director. In January ‘(..) FORUM-ASIA did well to bring Asian 2005, Anselmo Lee was the first to take human rights defenders at the Geneva this position. The position of Executive level (..) bringing the Asian voice into the Director of Forum-Asia would later be Geneva discourse (..), the voice of the held by Yap Swee Seng, Giyoun Kim civil society and human rights defenders.’ (Acting), and Evelyn Balais-Serrano. Sayeed Ahmad, Protection Coordinator for Asia at Front Line Defenders The restructuring process also led to the decision to establish the network as an independent body. A change that was In 2010 the Geneva example paved not to the agreement of all. Forum-Asia the way for the establishment of an set up its own office, and went through office in Jakarta. The objective was the difficult process of re-establishing and still is to monitor, engage with itself. With this came an adjustment in and inform FORUM-ASIA members the name, from Forum-Asia to FORUM- about the developments of ASEAN, in ASIA. It was a difficult period in the particularly those related to the ASEAN history of the organisation and network, Intergovernmental Commission on but one that was necessary in its Human Rights (AICHR) and the ASEAN evolution. Commission on the Promotion and Protection of the Rights of Women and The changes prompted FORUM- Children (ACWC). The office is hosted ASIA to re-evaluate its strategies and by the Komisi untuk Orang Hilang dan programmes. By 2005 the network Korban Tindak Kekerasan (KontraS consisted of 36 members in 14 countries. or Commission for the Disappeared The refocusing of its strategic priorities and Victims of Violence), a prominent led to a stronger focus on international member organisation of FORUM-ASIA in advocacy and coalition building. Indonesia.

A highlight of which was the establishment of the Geneva Office10 in 2006. The objective of the Geneva Office was and continues to be two- fold. First is to increase the impact and effectiveness of FORUM-ASIA and its

23 In 2006, FORUM-ASIA was involved first coordinator after his appointment in two notable other initiatives. The in 2010, and hosted the network during establishment of the Solidarity for Asian its formative years to allow it to grow. People’s Advocacy (SAPA) – a network APRRN became independent in 2012. focussed on cross-sectoral partnerships See page 67 for the full-story. build around shared advocacy targets – and the creation of the Asian NGO One of FORUM-ASIA’s latest initiatives, Network on National Human Rights in this tradition, was the Regional Institutions (ANNI). For more information Initiative for a South Asia Human Right about ANNI see page 75. Mechanism (RISAHRM). RISAHRM’s aim is to establish a South Asian An external evaluation from 2007 human rights mechanism that brings concluded that ‘(..) the principal together national processes and added value [of FORUM-ASIA] is a) regional aspirations. For the story about protection (..) b) facilitating regional and RISAHRM so far see page 91. international human rights advocacy, and c) providing a platform for learning and collective action (..).’11 This observation indicated another shift in FORUM-ASIA’s efforts away from the focus on capacity building from the initial years of FORUM- ASIA.

‘(..) In one way or another, FORUM-ASIA or FORUM-ASIA members have been working on a daily basis to make every day a turning point in human rights’ Debbie Stothard, Secretary General of the International Federation for Human Rights (FIDH) and Coordinator of ALTSEAN-Burma

Furthering the tradition of involvement in the birth of new networks and 10 Officially called the International Office. coalitions, FORUM-ASIA was part of the establishment of the Asia Pacific 11 Real, Mary Jane, and Ricardo Wilson-Grau, Refugees Rights Network (APRRN) in (2007), Participatory Evaluation of FORUM-ASIA’s Results July 2004-June 2007, FORUM-ASIA: 2008. FORUM-ASIA hosted APRRNs Bangkok, Thailand.

24 A new era 2013-till unknown

In 2013 a new management team was Realising the need to enhance FORUM- appointed, led by Evelyn Balais-Serrano ASIA’s advocacy efforts in South Asia, as Executive Director, to guide FORUM- the Kathmandu office, in Nepal was ASIA into a new period. With the 25 established in 2015. Hosted by founding year anniversary in 2016 coming up the member, INSEC, the Kathmandu office network and organisation once again provides a permanent presence to needed to reflect and re-evaluate the strengthen and consolidate the human role, the added value and the priorities of rights movement through effective the movement. collaboration with member and partner organisations in South Asia. ‘(..) FORUM-ASIA has been like a guiding light, we were a very small organisation and FORUM-ASIA helped us to grow a lot in the past 10 years or so’, Shahindha Ismail, Executive Director of the Maldivian Democracy Network (MDN)

In recognition of the desire of many to make capacity building and training once again a central component of FORUM- ASIA’s work, in 2013 it initiated the Glo-cal Advocacy Leadership in Asia Academy (GALA Academy) together with the Asian Development Alliance (ADA) and the Asian Democracy Network (ADN). The aim of the GALA Academy is to strengthen the international advocacy capacity of mid- and high-level staff in civil society organisations (CSOs). For the story about the GALA Academy see page 81.

25 The next 25 years?

Some have commented over the last To develop knowledge and issue reports decades that the dream for FORUM- on emerging trends, and to engage with ASIA should be that someday its stakeholders at all levels to ensure that existence might not be necessary human rights priorities are known and anymore. For the moment that dream addressed appropriately. still seems a long while away. And so FORUM-ASIA and its members prepare It will continue to do all of this and more, themselves for the next 25 years. but FORUM-ASIA is acutely aware that it can only do so upon the request of ‘(..) It is very difficult to get people and in collaboration with its member together, to agree on common plans organisations. So more than anything, it and programmes (..) and the fact that will continue to strengthen, expand and all these organisations from so many serve its network. different countries, so many different realities were able to get together, to put ‘(..) You have to be yourself a human their priorities on human rights together rights defender of a human rights and then have programmes together is movement to know the need of other a magnificent example for all the rest human rights defenders. So I think of us who do human rights around the FORUM-ASIA is not a human rights world.’ Frank la Rue, former UN Special organisation, FORUM-ASIA itself is a Rapporteur on the Promotion and human rights defender.’ Protection of the Right to Freedom of Nimalka Fernando, President of the Opinion and Expression International Movement against All Forms of Discrimination and Racism FORUM-ASIA has always placed the (IMADR) needs and interests of its members at the forefront of the strategies and thematic priorities it pursues. The coming years will not change this.

FORUM-ASIA will continue to bring HRDs from all over Asia together to learn from each other, to exchange experiences and to stand in solidarity. To speak out in local, national, regional and international platforms on behalf of those that cannot do so themselves. To bring its members to these political arenas for them to find their own voice. To monitor human rights violations, and offer emergency assistance to those in need.

26 27 ‘Never leave the grassroots, equip them, organise them, strengthen them to empower them (..) so that they can speak [with] their [own] voices.’ Sister Crescencia Lucero Co-Chairperson, Task Force Detainees of the Philippines (TFDP), the Philippines

28 How a Morning Coffee Changed the ASEAN Regional Infrastructure The story of ALTSEAN-Burma

By Debbie Stothard, ALTSEAN-Burma and Marte Hellema, FORUM-ASIA

On a July morning in 1996, Somchai the Military. From the beginning, this Homlaor, the then Secretary General military take-over resulted in the serious of FORUM-ASIA, and Debbie Stothard, repression of dissent. Protests were met in Bangkok. While they had heard responded to with force and violence. of each other, it was the first time they The economic policies of the Junta met in person. Debbie pitched an idea to caused decline in development, and Somchai about setting up an alternative particularly in the 1980s the country Association of Southeast Asian Nations became so impoverished that the United (ASEAN) movement on Burma. Just a Nations (UN) added it to its list of Least few month later the Alternative ASEAN Developed Countries. Network on Burma (ALTSEAN-Burma) was born. A network that would not In 1988 the economic mismanagement just play a role in Burma, but would and political repression resulted in the indirectly play a role in changing the most widespread pro-democracy protests regional infrastructure for human rights in that Burma had ever seen. The 8888 Southeast Asia. Uprising – named after 8 August 1988 – started with a group of students in Context Rangoon and spread across the country in the form of marches, demonstrations In 1948 the Union of Burma became and riots. However, the Uprising, which independent from the United also saw the rise of Aung San Suu Kyi as Kingdom (UK). The first decades after a symbol of the resistance, was ended independence saw a lot of socio- brutally after the Military retook power by economic unrest, as well as the staging another coup on 18 September beginning of several of the ethnic and 1988. Martial law was installed and political conflicts that still terrorise the implemented unremorsefully. By the end country today. It can be said though that of the year an estimated 10,000 people the country had and has never been as had been killed, among them both democratic as in those first years.12 protesters and soldiers, while many more were missing. This all came to an end with the military coup, led by General Ne Win, on 2 In May 1990 the first free elections in March 1962. All of the Governments that 12 At the time of writing, the elections of 8 have ruled the country since have been November 2015 had not taken place yet. either directly or indirectly controlled by 29 over 30 years were held. The National ALTSEAN-Burma League for Democracy (NLD), the party of Aung San Suu Kyi, won around 80 During that early morning meeting percent of the votes. However, the between Debbie and Somchai in military regime refused to concede 1996, Debbie raised the paradoxical power and stayed firmly in place till 2011. concern that the Burmese human rights This period saw an almost complete movement had better contacts in the repression of any form of dissent, and West than in its neighbouring countries. was known for widespread violations of She suggested it was high time to human rights. organise a regional network of human rights organisations to counter the The crackdown on the protesters in 1988 lacklustre stance of the ASEAN Member was strongly condemned internationally, States. The proposal was motivated by particularly in the West. In the years the understanding that to be able to truly to follow this resulted in a series of pressure the Burmese regime, it was sanctions from the of needed to convince the Southeast Asian America (USA) and the neighbours to get on board. (EU), as well as in the relative global isolation of the regime. The awarding of Not only did Somchai immediately the Nobel Peace Prize to Aung San Suu recognise the value of the proposal, he Kyi in 1991 was a further recognition of suggested to go right ahead and start the injustice taking place in her home planning the meeting. Where new plans country. and ideas are normally slowed down by long-winded fundraising processes, this The countries surrounding Burma turned out not to be necessary this time. were largely quiet though. Under the Incidentally the year before, FORUM- guise of non-interference and respect ASIA had conducted its first ever mission for sovereignty the Southeast Asian to Burma. 1996 was declared the Burma neighbours stayed silent. Many people campaign year for FORUM-ASIA and a believe that if the neighbouring countries regional consultation was already in the would have condemned and refused to plans. Debbie’s proposal was a perfect fit recognise the coup of 1988, the regime with what was already in the pipelines. would have not lasted so long and would have collapsed much sooner. Contrary So just a few months after their initial to that, the Southeast Asian countries meeting, in October 1996, the Alternative refused to intervene and in 1997 Burma ASEAN Meeting on Burma was held was even accepted as a member of in Bangkok, Thailand. While originally ASEAN. intended to have some 35 participants, eventually around 70 civil society representatives, Parliamentarians and other interested individuals showed up. The enthusiasm and interest in the

30 meeting was so great that quite a few were arrested, detained for five days, of the participants covered their own sentenced to five years of hard labour costs. It was during that meeting that the and subsequently deported to Thailand. Alternative ASEAN Network on Burma Upon their arrival in Bangkok they were (ALTSEAN-Burma) was established. welcomed by many as heroes.

ALTSEAN-Burma was set up to Responses by the Governments become a network of organisations and whose citizens were among the 18 individuals based in ASEAN Member varied greatly. The USA and the State countries that would work to Philippines condemned the actions of support the movement for human rights the Burmese regime as an example of and democracy in Burma. The network the severe restrictions on the Freedom comprised human rights and social of Expression (FoE) in place, while justice non-governmental organisations Thailand and Indonesia only reluctantly (NGOs), political parties, think tanks, spoke out to support their people. The academics, journalists and student Malaysian Government on the other activists. hand criticised the action of the Rangoon 18, but grudgingly collaborated in the ALTSEAN-Burma started an aggressive attempts to free the Malaysians involved. media campaign blaming ASEAN countries for the deteriorating human Media coverage of the action was rights situation in Burma. Every time significant in all six countries where the something happened – whether it was 18 came from. It undoubtedly raised the arrest or harassment of Aung San Burma on the political agenda in most of Suu Kyi, an attack on ethnic minorities them. While opinions differ on what the or mass-displacement of people – direct effects were of the action beyond ALTSEAN-Burma would highlight this the media attention, in the long-term in the regional press to remind ASEAN it contributed to change the way the Member States of what the Burmese region dealt with the regime in Burma. It regime had done since it had been forced at least four ASEAN countries to allowed to join ASEAN in 1997. negotiate directly with the military regime in Burma, making it harder for them to The Rangoon 18 deny the reality of what was going on in this country that had been so warmly One of the more known examples of welcomed among their midst just a year the kinds of projects that ALTSEAN- before. Burma has undertaken is that of the Rangoon 18. On 19 August 1998 a group Lessons learnt of 18 people from the USA, Thailand, Malaysia, Indonesia, the Philippines and Over the years ALTSEAN-Burma Australia took to the streets of Rangoon undertook many other activities to hand out leaflets to commemorate and projects that pushed ASEAN, ten years after the 8888 Uprising. They Governments in the region, as well as

31 media and civil society organisations • Importance of media (CSOs) to change the way they perceived and dealt with the regime in Another lesson that can be learnt from Burma. It gained insights and lessons ALTSEAN-Burma, something which the based on their experience which include network embraced from the beginning, is the following: the need to realise the importance of the media. Many of its activities contributed • Be creative in the use of different and to changing the way ASEAN media unconventional strategies reported on Burma. The activities helped to make human rights and democracy ALTSEAN-Burma always tried to ‘sexy’ topics, at least within the context push the limits of what it could do and of Burma. This involvement of media accomplish. In doing so, at times it was contributed to pushing the human rights criticised by people that did not agree and democracy agenda forward, and with their strategies or doubted their eventually aided in making it part of the results. However, by keeping on doing ASEAN agenda. the same thing, you will always get the same results. Particularly when it came • For every step forward there will be some to the Burmese regime, which for such a steps back long time was completely closed off and seemed utterly unwilling to change, only Yet, ALTSEAN-Burma also learnt that for by trying different and unconventional every step forward there will be some strategies was ALTSEAN-Burma able to steps back. While much has changed in contribute to change. Burma over the last years, at times these changes have been more impressive in This does not mean that other human words than in reality. There is no time rights organisations or movements to celebrate when it comes to working should just blindly copy the activities on human rights. They are not a final ALTSEAN-Burma did in the past. stage or station that can be reached, Times have changed and people have but require constant and persistent changed. Instead in every situation monitoring and vigilance. human rights activists need to think critically and creatively what options ‘[as young human rights activists] keep they have at their disposal and what on understanding that your existence is opportunities there are to push forward. in itself a victory. Keep on understanding that every victory must be fought for. And ‘People’s concept of human rights remember that the empire always strikes changes according to their situation, back. So whenever we win something and instead of restricting what is our we already have to plan for what the understanding of human rights, we must backlash is going to be.’ be more broad and inclusive so that Debbie Stothard more people start to understand that human rights is the norm for them.’ Debbie Stothard 32 Long-term changes

ALTSEAN-Burma undoubtedly contributed to the changes in Burma itself. Many of its activities forced ASEAN One of the most active groups of SAPA Governments to change the way they was the Task Force on ASEAN. Right engaged with the Burmese regime from the beginning it set out to influence and pushed them to become more the development of the ASEAN Charter. critical and involved in addressing the In 2006 alone it made three different repression and human rights violations. submission with recommendations related to the Charter, which was However, some of the outcomes of its eventually adopted in 2007. work were unexpected and altogether of a completely different nature. As the While by no means to the satisfaction activities of ALTSEAN-Burma started to of many of the organisations involved, have an effect on ASEAN, other CSOs human rights were referred to in the and human rights activists took notice. ASEAN Charter. More importantly, For a long time, ASEAN’s disinterest the Charter paved the way for the in human rights and its insistence establishment of an ASEAN Human on non-interference had resulted in Rights Mechanism, specifically of the disillusionment with the institution from ASEAN Intergovernmental Commission the regional human rights movement and on Human Rights (AICHR) in 2009 a believe that it was futile to engage with and the ASEAN Commission on the ASEAN. Slowly this perception started to Promotion and the Protection of the change. Rights of Women and Children (ACWC) in 2010. In 2004 a group of CSOs met with ALTSEAN-Burma to discuss its The importance of strong and strategies and progress. Inspired by coordinated input coming from civil this engagement, as well as other society in the region to ASEAN cannot be developments in Asia, a regional underestimated. This has been proven consultation was organised, among over the years, not just when it comes others by FORUM-ASIA, just a few to changes in the institution itself, but months later which eventually resulted also related to particular Member States. in the establishment of the Solidarity When only one organisation is speaking for Asian People’s Advocacy (SAPA) in out on an issue or if the criticism is 2006. merely coming from one country, it is easy to be ignored, but if a network of CSOs speaks out collectively and consistently with time it becomes very hard to deny.

33 ’Dealing with ASEAN leaders can sometimes be like trying to wake up a man that is pretending to be asleep. They do not want to know, they do not want to hear, they might just selectively listen. (..) but in doing this, in trying to push for these changes ASEAN civil society has become much more coordinated, we have strengthened our regional identity, we have become more cohesive.’ Debbie Stothard

Over the years in pushing for change, ASEAN CSOs have become much more coordinated and cohesive. ALTSEAN- Burma played and continues to play its *** part in these efforts. Its activities and projects, while at times controversial, This story was written based on an have contributed to change in Burma and interview with Debbie Stothard, Founder in the region. Who would have thought and Coordinator of ALTSEAN-Burma, that an early morning coffee in 1996 by Marte Hellema, FORUM-ASIA would lead to that? Information, Communication and Publication Programme Manager

34 ‘Become human rights defenders, (..) change the political discourse and take the leadership of the country.’

Adilur Rahman Khan Secretary, Odhikar, Bangladesh

35 36 Elections as Key for Democratisation across Asia The story of the Asian Network for Free Elections (ANFREL)

By Ichal Supriadi, ANFREL regime of a country. It inspired solidarity and Bettina Stuffer, FORUM-ASIA among civil society groups across the The establishment of the Asian Network region. for Free Elections (ANFREL) goes back to a time, when people were gathering Learning from the success of NAMFREL, ideas to start advocacy for human rights the region saw a growing consciousness in Asia on different terms, and a period of the importance of demanding free and of rising consciousness about the high fair elections. Other election monitoring significance of elections as the key to groups were established in neighbouring democratisation. countries. In this context, the People Action for Free and Fair Elections New wave of democratisation (PAFFREL) was established in Sri Lanka in Asia in 1987 and the Committee for Free and Fair Elections (COMFREL) was founded The establishment of ANFREL was in Cambodia in 1993. At the same in response to the emerging need for time, in Indonesia in 1996 one of those a broader advocacy movement on networks developed into the Komite democratic elections in Asia at a time Independent Pemantau Pemilu (KIPP). when many countries were still under These were just some of the examples the control of authoritarian regimes. The of numerous election monitoring groups founding was inspired by the success that were emerging across the region. story of the Philippines, after the snap presidential elections in the Philippines The Asian Network for Free in 1986. The elections were observed Elections (ANFREL) by the National Citizens’ Movement for Free Elections (NAMFREL), a pioneering Part of these developments was the effort. The observation process exposed establishment of ANFREL in November electoral manipulation committed by in 1997. Initially it was coordinated and the ruling party, which was one of the accommodated by the Asian Forum crucial factors for the formation of the for Human Rights and Development People Power Movement that eventually (FORUM-ASIA). ANFREL was caused the removal of Ferdinand Marcos envisioned as a network of national from power.13 This was an outstanding civil society organisations (CSOs) from example of the significance of electoral across Asia, who based on solidarity observation, as well as the possibilities activism supported the upcoming of the influence of civil society on the election monitoring organisations in 37 the struggle for democratic elections. Since its formation up until the time of ANFREL further expanded its mission writing14, ANFREL has conducted 47 and scope of work, and eventually elections observation missions in 15 registered as an independent foundation countries across Asia. in Thailand in 2007. Additionally, ANFREL undertakes ANFREL has established itself as capacity building efforts, which it sees as a prominent non-governmental a crucial contribution to democratisation organisation (NGO), a network in Asia efforts, and works on strengthening that works on elections. It is currently electoral stakeholders that are actively supported by 22 member organisations, working on democratisation in their which are based in Afghanistan, home countries. In this context, ANFREL Bangladesh, Cambodia, India, Indonesia, provides trainings and workshops on , Mongolia, Nepal, Pakistan, the issues related to election observation, Philippines, , Sri Lanka, voter and civic education, electoral , , Thailand and reform and public awareness on good Timor-Leste. governance.

ANFREL’s main mission is to promote More so, ANFREL conducts research and support democratisation at the and advocacy on good governance in national and regional level in Asia Asia. It creates platforms for dialogue through a focus on elections and between civil society and Governments. election monitoring. Its work is focused Through the observation of elections on observing pre- and post-electoral and the production of publications that processes to promote fair, free and assess the status of electoral procedures democratic elections, as a significant part in various countries in Asia, ANFREL of the promotion of human rights. tries to highlight the challenges to and process of the electoral system. The electoral process is considered one of the basic needs for citizens of a country to enjoy their freedom and be able to exercise their political rights in 13 Ferdinand Marcos was Philippine’s President choosing representatives to organise from 1965 to 1986 and his dictatorship was and manage the country’s democratic marked with a resolute campaign against communism inside and outside of the country, political system. Elections play a corruption and martial law, which he imposed on significant role in determining the future the country from 1972 to 1981. Ferdinand Marcos direction of a country since there are was removed from power in the developments strong connections between politics, of the People Power Revolution in 1986 and lived in exile in Hawai after his departure from economics and social justice. the Philipines where he died in 1989. (Overholt, William H. 1986; The Rise and Fall of Ferdinand Marcos. In Asian Survey Vol. 26, No. 11, Nov 1986, p. 1137-1163).

14 September-October 2015.

38 Election observation missions new insights and learning for ANFREL, in Afghanistan particularly when it comes to cultural and political processes. Among the most successful and consistent missions ANFREL has Afghanistan remains a volatile place undertaken in the past years have been to conduct international observation the electoral observation missions to missions in due to security concerns, Afghanistan. ANFREL was the largest particularly in the most rural areas that international observer in the presidential are under control of Anti Government elections in Afghanistan in 2004 for Entities (AGEs). ANFREL and national which it was accredited by the Joint partners faced restrictions and Electoral Management Body (JEMB) of limitations in their attempt to support Afghanistan.15 ANFREL continued its the democratisation process in this work on promoting democratic elections fragile democracy. Still, the presence in Afghanistan through the observation of of international observers does help to all parliamentary, provincial council and deter fraud and encourages the electoral presidential elections in 2009, 2010 and stakeholders to conduct all democratic 2014. procedures freely and fairly. It motivates the national EMOs to take up their The observation mission of the first responsibility of guarding the sanctity of parliamentary elections in 2014 was elections. the first time an international elections observation mission was conducted in More needs to be done to defend the the provinces outside of Kabul, after the democratic progress in Afghanistan as fall of the Taliban regime. the security situation is getting more intense. Respect for democracy and the Besides electoral observation ANFREL protection of human rights are at risk. provided a series of training and capacity In that sense, ANFREL’s contribution building activities for national Elections to the democratisation process through Monitoring Organisations (EMOs). support for electoral integrity is of great It facilitated electoral study visits for importance. the Afghan elections stakeholders to Indonesia, Thailand and South Korea Lessons learnt to study various aspects of elections related to interfaith and democratic Since its establishment ANFREL has institutionalisation. learnt some important lessons which have to be considered in future electoral ANFREL’s work is a significant observation missions. They relate to contribution to the development of Afghanistan, and is supported by civil 15 Later the JEMB was transformed into the society within the country for that. At Independent Elections Commission (IEC) of the same time, the involvement in the Afghanistan. process in Afghanistan has provided

39 the context of the work, the support for the final report, the mission in the democratisation and good governance, concerned country is over. This indicates and more, including: the significance of building networks to connect national electoral monitoring • The importance of electoral observation groups to continue to convey the value missions for national monitoring groups of fair, free and democratic elections. The long-term effect and sustainability ANFREL sees as one of its important of international electoral observation roles to not just compile reports, but to missions can only be realised through speak out and engage in a dialogue with networking and are based on effective Governments and other stakeholders cooperation and coordination between as international observers. In many national and international electoral countries where ANFREL has worked monitoring groups. national monitoring groups are facing a very difficult situation in which they • Being creative in developing strategies cannot publically express their findings to reach the younger generation out of fear for the safety of their families. Therefore ANFREL sees its own The current situation of political and role as giving moral support to these economic change indicates that the new domestic monitoring groups whereby the generation of human rights activists focuses is on sustainability of support once in charge will have more options to create long-term impact. The work for participation than in the past. At of ANFREL thus not only includes the same time the implementation of conducting independent observations, more creative ways of advocacy for but simultaneously the empowerment of human rights in an attempt to reach national civil society. the Asian leaders is one of the most important challenges for the future of ‘The most important thing is, what many human rights in Asia. Therefore it is people forget, to give an impact. It is not imported to increase the consciousness only about writing a report and leaving of young people of the high importance after, you have to bring it back to the of democratic elections as a tool for society.’ political successions to ensure stability. Ichal Supriadi, Executive Director of The key for progress in the promotion of ANFREL human rights is the creation of effective strategies to reach the young generation, • Importance of building networks to encourage young people to use the options that are available to them and Even though international electoral become part of political change in the observation missions are very important region. for national monitoring groups, it has to be considered that they in fact have very limited mandates. After the assessment of the electoral process and compiling

40 Long-term changes However, the current generation of human rights activists and CSOs do have Currently Asia is seeing a change more choices in shaping the regimes of towards greater democratisation in their countries than in the past. This is various countries across the region. important, and has to be used to proceed Elections in some countries, such on the way to democratisation across the as Indonesia, are becoming more region. Elections can be a turningpoint democratic in terms of the participation and provide a critical possibility to of parties of multiple political affiliations. participate in reshaping the political In 201516 Burma is holding the freest structure of a country. This highlights the elections in 30 years and civil society is significance of fair, free and democratic more involved in the process than ever elections to which ANFREL makes a before. A bigger platform for expression crucial contribution. can be seen in many countries too. There is visible progress in terms of free expression of the press and media, *** and of the development of balanced political systems through the division of legislative, judicial and executive powers. This story was written based on an interview with Ichal Supriadi, Executive In spite of this progress and the Director of ANFREL, by Bettina improvements in the recognition of the Stuffer, FORUM-ASIA Information, significant role of civil society, there Communication and Publication are still many challenges in the context Programme Intern. of democratisation in Asia. In many places in Asia, elections are affected by corruption, which is detrimental for the democratic process. Choices of candidates in elections are often very limited. And even though there are, as mentioned above, positive developments in some countries, civil society continues to face restrictions and limitations in their participation in election in many other countries in Asia.

16 This chapter was written before the elections of 8 November 2015 took place in Burma.

41 42 43 ‘We have to get to know each other and thrive in the cultural diversity, be proud of the cultural diversity, instead of being ashamed, (..) discriminatory, or feel superior [to] anyone else.’

Frank La Rue Former United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

44 ‘That is what I would say to the young people: If you know what you want to see in your life, just keep walking on that path.’

Khin Ohmar Coordinator, Burma Partnership (BP), Burma

45 46 Asia-Pacific Campaign on the Rome Statute of the International Criminal Court The story of an ongoing campaign for international justice By Evelyn Balais-Serrano, history of international law and justice. Executive Director, FORUM-ASIA The 20th century was the bloodiest Many international law experts consider period in human history. Yet few major the Rome Statute of the ICC as the perpetrators of the horrendous crimes greatest advance in international committed during those times had ever law since the founding of the UN. been brought to justice. There were the Since coming into force in July 2002, International Court of Justice, established 17 July has been declared, by the to deal with disputes involving states, international community, the World Day the Tokyo and Nuremberg Tribunals and of International Justice. later the ad hoc tribunals for Rwanda, the Former Yugoslavia and Sierra Leone.17 Global Campaign for the ICC Yet, the desire to have a permanent, independent and effective international In February 1995 in New York, 25 19 criminal court persisted through the international organisations got years, even beyond the Cold War period. together to form the non-governmental organisation (NGO) Coalition for the This kind of court would be the first of International Criminal Court (CICC), its kind, trying individual perpetrators of initiating a global campaign for the genocide, war crimes, aggression and establishment of the ICC. When the other crimes against humanity. More than Rome treaty was adopted in 1998, the 50 years ago, at the time of writing,18 the CICC coordinated the global campaign idea of an International Criminal Court to secure the 60 ratifications required (ICC) started as a dream. It became a for the entry into force of the treaty. In reality when the ICC was established in 1999, the CICC campaigned for 17 July Rome in 1998. to be declared World Day of International Justice. It also called for the worldwide In 1995 Trinidad and Tobago proposed 17 The International Criminal Tribunal for the former to the United Nations General Yugoslavia, the International Criminal Tribunal Assembly (UNGA) the establishment Rwanda and the Special Court for Sierra Leone, of an international criminal court. were set up to try specific crimes committed in those respective territories and during a specific timeframe. Consequently the United Nations (UN) convened a Plenipotentiary Conference 18 September-October 2015. in Rome in 1998 to draft the ICC treaty. 19 On 17 July 1998, the Rome Statute of Among others, (AI), Human Rights Watch (HRW), World Federalist the ICC was adopted by 120 States, Movement, International Commission of Jurists (ICJ), marking the day as a landmark in the International Federation of Human Rights (FIDH). 47 ratification of the ICC, after Senegal a specific month during the year, with became the first State to ratify it. In 2000, the Coalition’s global network being during the Millennium Summit, then UN mobilised to write letters and lobby Secretary General Kofi Annan called on target Governments. The CICC provided all Member States to promptly ratify the all information possible to ensure the Rome Statute. active participation of CSOs in the global campaign. CICC members in the United States of America (USA) extensively campaigned In September 2003, the ASP, the for President Clinton’s signature. On the governing body of the Rome Statute of final day of signature, the USA, along the ICC, adopted a special resolution with Iran and Israel, signed the Rome recognising the important contribution Statute, bringing the total signatories of the CICC in the establishment of to 139 – beyond the 120 that voted the Court. In the same year, CICC was in favour of the ICC during the Rome nominated for the Nobel Peace Prize for Conference. In April 2002, with the its remarkable role in the establishment simultaneous deposit of ten countries, of the ICC. To date, CICC stands as including two from Asia – Cambodia and the largest partnership in the world Mongolia – the Rome Statute entered advancing the cause of international into force. By this time, CICC members justice with its more than 2,500 members exceeded 2,000. in 150 countries, including some 400 organisations from Asia Pacific. The CICC coordinated the global campaign to ensure the Court’s Campaigning for the ICC in independent and effective functioning, Asia Pacific through engagement with Governments and the Assembly of States Parties In coordination with the CICC, a group (ASP), and later with the relevant of lawyers from Bangladesh formed officials of the Court. It helped establish the Asian Network for the ICC (ANICC) regional focal points, including one in under the umbrella of Ain Salish Kendra Asia Pacific, and worked with them in the (ASK), a member of FORUM-ASIA. It campaign for universal ratification and initiated activities in South Asia to create implementation of the Rome Statute. awareness about the ICC.

The CICC facilitated the participation of In December 1999, FORUM-ASIA was Asia Pacific civil society organisations invited to a session of the Preparatory (CSOs) at the Global NGO Strategy Commission of the ICC at the UN Meetings and the ASP. It organised, Headquarters in New York, USA and with its focal points, regular regional Somchai Homlaor, then Secretary strategy meetings and assisted General of FORUM-ASIA, attended the regional networks and national representing the region. In 2001, members in the campaigns on target FORUM-ASIA organised the first Asian countries for ratification. One or two regional consultation on the ICC, which countries were designated targets for 48 paved the way for the formation of a My own involvement with the regional network on the ICC. FORUM- CICC campaign ASIA became the focal point for Southeast Asia within the CICC, while When FORUM-ASIA went through an later, it also took on the role of focal point organisational transition in 2004, the ICC for the whole of Asia, integrating the work project that I was coordinating became initiated by ANICC in South Asia. fully funded by the CICC, and I assumed the role of CICC’s Regional Coordinator In 2006, FORUM-ASIA became for Asia Pacific. a member of the CICC Steering Committee, the decision-making body of During the first six years, the project the global coalition. Other sub-regional was able to build a network of national focal points designated were: the Asian level coalitions and ICC working groups Human Rights Commission (AHRC) in 20 countries in the region involving in for Northeast Asia and more than 400 organisations. The ICC Odhikar in Bangladesh for South Asia. campaign was timely as it opened and Sanjeewa Liyanage opportunities for various groups to reflect of AHRC, Ahmed Ziauddin and Adilur on their strategies in engaging with Rahman Khan of Odhikar became their respective Governments, and in champions of the ICC in their respective educating the general public about the regions. ICC and what it stood for: the rule of law, hope for justice and an end to impunity Within these sub-regions were national – long lost aspirations of the peoples of organisations and groups that were Asia that have suffered from long years campaigning for the ICC ratification of wars, conflicts and all forms of human and implementation. Except for Bhutan rights violations. and Brunei Darussalam, all countries had their own ICC focal points, either As regional focal point of the CICC, the from Government, civil society or both. role of FORUM-ASIA focused on building These local groups were involved in the network in the region, assisting them organising workshops, seminars and in developing their capacities through other awareness building activities. study sessions, experts’ meetings, They also undertook lobbying activities regional strategy meetings, participation towards their respective Governments, in the Global NGO Strategy meetings and organised and strengthened their and ASP, and the dissemination of ICC networks. These initial projects were information materials as part of capacity made possible through the support of building. We organised a pool of experts the Open Society Institute, the Swedish that we could mobilise for trainings and International Development Cooperation lobby missions. We coordinated with the Agency (Sida) and the Dutch Embassy in global campaign of the CICC on target Thailand. countries for ratification.

49 Later, as a strategy, we used the UN However, despite the insinuations Human Rights Council’s Universal made by Richard Goldstone through Periodic Review (UPR) process to his keynote address and meetings with add pressure to countries to consider the officials, Thailand has remained a ratification and implementation. We signatory but has not ratified till now. also jointly facilitated the visits of ICC Later, the new Prosecutor also came officials to the region to concretely give to Thailand upon the invitation of Mr. a face of the new Court to the peoples of Thaksin’s Government to give a lecture Asia. Judge Sang Hyun Song, President and meet with the authorities. of the ICC, being himself from Asia – Republic of Korea – supported many Meeting many people CICC missions to countries like , Vietnam, Indonesia, Malaysia, , What was remarkable was the broad Thailand, Bangladesh, the Philippines audience FORUM-ASIA and the ICC and Brunei Darussalam. Other judges, network reached during the campaign like Judge Kourula, ICC Vice-Presidents, – from police and military, peace Judge Hans Peter Kaul and Judge keeping missions, justice, law and Kueniya, and other Court officials, like foreign ministry officials, Supreme Court the past and current Prosecutors, the justices, prosecutors, parliamentarians, head of the Victims’ Unit and many national human rights commissions more, all made their presence and and committees, to heads of states. We contribution as resource persons in met with Presidents, Prime Ministers, various workshops and fora across the Deputies and representatives of the region, organised by Governments and/ Office of the President of Timor-Leste, or CSOs. Cambodia, the Philippines, Laos, the Maldives, Bangladesh, Afghanistan The visit to Thailand and Nepal. We gave trainings to female police officers in the Philippines on the One highlight I always remember ICC in general and its gender justice was the visit to Thailand of Richard provisions in particular. Goldstone, former Chief Prosecutor of the International Criminal Tribunal for the I also remember the rally the local former Yugoslavia and for Rwanda, and advocates in Nepal did to campaign CICC’s member of its advisory board. for ratification. A group of young artists He was invited as guest of honour by performed a street play to depict the the Princess of Thailand, and as keynote possible impact of the ICC on Nepal’s speaker in the Princess’ sponsored human rights situation. It was so forum. It was the first time we were powerful, it caught the media’s attention invited to such a high level meeting in and featured the mobilisation in the Thailand, with all the key officials of the media with the strong message to the Kingdom present. Government: Stop Impunity! Accede to the ICC treaty!

50 In partnership with the Asian Legal A major outcome of the campaign was Resource Center, we conducted the formation of the China ICC Project seminars with judges and prosecutors, within a state university and later, as an law scholars and academics in many initiative to launch the China Network for parts of China. We also conducted a the ICC, of a group of young lawyers and number of workshops in Vietnam co- professionals from within and outside the organised with the Vietnam Lawyers country. A number of them had worked Association and in Laos with the Treaties and interned with various tribunals and Legal Department of the Ministry of and the ICC, so had been exposed to Foreign Affairs. international justice mechanisms.

ICC documents were translated from I met this young Chinese lawyer during English to 15 major languages – one of my missions to Cambodia. from Dari in Afghanistan to Khmer in He was working at the Khmer Rouge Cambodia, Tetun in Timor-Leste, to Urdu Tribunal and said he wanted to involve in Pakistan and Bangla in Bangladesh. China in the ICC process. So we Workshops and other awareness helped him organise an initial meeting building exercises were undertaken in of lawyers, academics and NGOs, all countries possible, while lobbying with support of some members of the resulted in the forging of partnerships international community based in Beijing with Governments – a tremendous and other parts of the country. Later we leap from our human rights work where launched the China ICC coalition and the relationships between NGOs and linked them to the regional and global Governments were mostly antagonistic network. This was a breakthrough in our and in some cases, confrontational. work in this part of the region. Rightly so, as a number of countries in the region were still struggling after long Other breakthroughs included: holding periods of dictatorships and repressive the First Victims’ Forum on the ICC rule, NGOs were often considered in Manila with a number of national enemies rather than allies and partners, and regional victims’ organisations, which some have now become. including the Asian Federation Against Disappearances (AFAD) as co- What we achieved organisers; the First Southeast Asia Journalists’ Training on the ICC; the First After more than ten years of Parliamentarians’ Forum on the ICC campaigning, we netted 17 ratifications and Rule of Law; and an ICC Regional – nine in Asia20 and eight in the Pacific21; Experts’ Meeting hosted by the China three APIC ratifications22 and 13 ICC Project. countries with ICC implementation laws – 20 Afghanistan, Bangladesh, Cambodia, Japan, eight having incorporated the ICC crimes the Maldives, Mongolia, the Philippines, Republic into their domestic law23 and five have of Korea, Timor-Leste. passed their cooperation laws.24 21 Australia, the Cook Islands, Fiji, the Marshall Islands, Nauru, New Zealand, Samoa, Vanuatu. 51 Reflections and lessons many areas or was still weak in some learnt countries. In many places, the exercise of basic freedoms, such as the freedoms Despite the active campaign that resulted of expression, assembly and association, in some modest achievements related were restricted and in some cases to ratifications and implementation laws considered a crime under national law. being adopted, Asia Pacific remained the least represented region in the ICC, The ICC campaign enabled us to gain together with the Middle East. At the entry and access to countries we were time of writing, of the 123 total number of not allowed into before under the name countries that had ratified, only 17 were of human rights, providing opportunities from Asia Pacific. to engage with Governments in their Capitals, at the ASP and other ICC Though Thailand signed as early as related events organised in the region 2002, at the time of writing, it still had not and elsewhere. ratified. Malaysia, Indonesia and Nepal also made commitments to ratify at some At the ASP held in New York and points, but as of 2015 have not done annually in The Hague, we would so either. All those ratifications that did organise an Asia Pacific delegation come to fruition were direct outcomes comprising of ICC advocates from the of the coordinated campaigns involving region. We would be given the chance to Governments, inter-governmental bodies intervene on behalf of our constituency in and international, regional and national the region, to organise regional meetings CSOs. with Governments and CSOs from Asia Pacific and elsewhere to discuss issues Campaigning in a challenging of common concern. At the meetings of European Governments and CSOs, context we, from Asia, would give our inputs from the region’s perspective. Similarly Campaigning for the Rome Statute of during other regional meetings, like the ICC since 2001 was pioneering and for Africa and the Americas, we would ground-breaking work in a region where attend to learn from their situations hardly anyone knew about the ICC, and experiences with campaigns and and where many Governments were Governments responses to their calls. allergic to the words ‘human rights’, ‘impunity’ and ‘accountability’. Instead, Governments insisted on using their 22 APIC stands for Agreement on Privileges and Immunities of the ICC; Republic of Korea, New ‘Asian values’, ‘national sovereignty’ Zealand, Mongolia. and ‘cultural specificity’ to justify their non-acceptance and non-recognition 23 Indonesia, the Philippines, Republic of of the universality, indivisibility and Korea, New Zealand, Timor-Leste, Bangladesh, Cambodia, Vanuatu. interdependence of human rights. The campaign for the ICC came at a 24 Republic of Korea, Samoa, New Zealand, Japan, time when civil society did not exist in Australia. 52 A strong mass base is basic this partnership of NGOs, the private in campaigning work sector, international organisations and Governments, in my judgment, is a 25 A campaign is only strong if the powerful partnership for the future’. mass base is strong enough to build We saw this clearly at the regional momentum and to sustain the campaign and national level. But while there till the goal is reached. And building a were Governments that were willing to strong mass base requires developing a collaborate and were supportive, the broad network of individuals and groups challenge remained with those who were who have deep understanding of the still struggling to go beyond politics and issue and who commit themselves to the self-interests. realisation of the campaign goals. From a strategic point of view, one We succeeded in organising national important lesson we learnt in engaging events only because there were with Governments was to not only lobby Governments and networks of individuals parties in power, but also opposition and organisations willing and supportive parties. For example, we consistently of the ICC and what it stood for. FORUM- lobbied the Philippine Government under ASIA members’ work was complemented the Arroyo administration, knowing its by other groups and networks, forming reservations on the Rome treaty. Yet, local coalitions which provided a stronger simultaneously we engaged with the platform and base for the campaign. opposition party. It took ten years and a change of regime before we got the Philippines to ratify. And we got a bonus Partnerships work! at that. was elected as ICC judge, just a few months From conceptualisation to campaigning after the Government ratified. Unable for the actual establishment, universal to assume her role as judge for more ratification and implementation, the than one year, Raul Pangalangan, partnerships that were formed in the our Philippine Coalition of the ICC process were key to achieving the Chairperson was nominated for the post eventual outcomes. The former UN by the Philippine Government and won Secretary General Kofi Annan said the election at the 2014 ASP. during the Global Issues Forum on 29 April 1999: ‘NGOs helped give life to the Similarly in Bangladesh, the Government idea of an international community (..) that signed the treaty in 2003 lost in the It is clear that there is a new diplomacy, next elections. The Government that where NGOs, peoples from across took over refused to take on the issue nations, international organisations, the as it was associated with the previous Red Cross, and Governments come Government. It took almost a decade for together to pursue an objective. When the party to regain power to finally ratify we do (..) there is nothing we can take in 2010. on that we cannot succeed in, and

53 Continuing concerns For example, Afghanistan, which was already on the list of ICC’s situations After years of campaigning, we under analysis, when the ICC Prosecutor continued to grapple with increasing announced it would take up the case in concerns as Asia Pacific remained the 2007. However, years later, in 2015, no most underrepresented region at the investigation has been done on the case. ICC. Some of these concerns include: It would be interesting to follow-up on • Dealing with the big powers – India how, if any, the ICC regime had impact on the prosecutions undertaken by and China the hybrid courts in Cambodia and Timor-Leste. As well as, how other The USA position on the ICC bears mechanisms, like the creation of a impact on decisions being made by Commission of Inquiry for Sri Lanka countries in the region, including the and the campaign to have one for major powers – India and China. They Burma, with the possibility of eventual have a ripple effect on other countries, ICC referral, could work to address like Pakistan, Sri Lanka, Vietnam and the long standing justice, impunity and Laos. accountability issues in these countries. It would also be worth contemplating the We held dozens of workshops and other situation in Bangladesh, a state party to awareness building activities in both the ICC, and how the ICC could help in India and China. Given their geographic the prevention of the further deterioration size and population, which rank as the of the human rights and democracy two biggest in the world, not to mention situation in the country. the complexities of their political and economic situations, a comprehensive In a similar manner, it would be relevant strategic plan to gain support from these to reflect on how the ICC became part of Governments and their respective civil national debates on how to make those societies was very much called for. While responsible for atrocities committed in we did not expect India and China to the past be held accountable for their ratify soon and become members of the crimes. Like in the case of Thailand, ICC, we did aim to, at some point, reach the question of how to prevent further some level of cooperation in their status conflicts, like those that happened in as non-state parties. This continued to 2010, which claimed more than 90 lives be challenging. and injured thousands of people, from recurring in the future by using the ICC Working on post-conflict situations in • as possible deterrent factor. the region

Over the last ten years, we followed 25 United Nations, ‘Secretary General Calls how Governments and the international Partnership of NGOs, Private Sector, International Organizations and Governments Powerful community, including the ICC dealt with Partnership for Future’ (29 April 1999), SG/ post-conflict situations in the region. SM/6973. 54 • Resistance to losing immunity • The need to continue to work on implementation issues In 2005, the Court officially opened its investigation on Darfur, Sudan, after the There are very few countries, among UN Security Council had referred the those that have ratified, that have situation to the Court. A warrant of arrest completed their implementation laws. was issued to four leaders, including This is an important challenge for all Omar Hassan Ahmad Al-Bashir, the of us for the next decade. We ought to Head of State of Sudan, for war crimes make it a priority to adopt legislation that and crimes against humanity. In July will enable Governments to respond and 2010, a second warrant of arrest was take jurisdiction when serious crimes issued to Al Bashir for three counts of occur in their territories. State parties that genocide. It triggered a setting for the have completed their processes can very campaign for the universal ratification of well assist those that are struggling to the ICC. have their implementation laws in place. In most countries in Asia, it is more Not only in Africa, where the leaders of a question of lack of understanding, the African Union (AU), including those capacity and resources than a lack of that had ratified the Rome treaty already, willingness to do this. resisted the Court’s decision to the point where some of them threatened to I remember visiting a few countries, withdraw their membership to the ICC, where the treaties departments tasked to but also in Asia. Asian Governments work on ratification and implementation realised that there was no immunity requirements only had two or three provision in the Rome Statute for their personnel. The task requires building Heads of States, meaning that they too consensus and takes time, energy and could be prosecuted by the ICC. resources to achieve this. Where there is the absence of political will, it will The campaign slowed down and no really be difficult, almost impossible for ratification since then took place in the countries to join this new international region. However, on one occasion, regime for justice. when Al Bashir had to attend a meeting in Malaysia, CSOs decried the I have been personally involved in the Government’s position of allowing him Philippine campaign to ratify and draft to enter the country. While Malaysia the implementation law. When finally the was not a state party, and thus was political will was there, after a decade of not obligated to arrest him and turn campaigning, with no other than the new him over to the Court, it had initially President himself giving his commitment expressed its support to the Court, and to join the ICC, the efforts required to get in fact, its Cabinet had already endorsed to the final act of getting the vote from ratification. In the end, Al-Bashir did not the Senate was still nerve wreaking. show up.

55 We owe it to the painstaking, consistent respective Governments. And we need groundwork of the Philippine Coalition to continue to mobilise the international for the ICC, with its expert lobbyists and community to support national and activists, that we gained the majority regional initiatives towards the goals of vote, with only one vote against and one the ICC. abstaining. We also found a champion in one of the Senators, who pushed The challenges in working for the the ratification forward, despite strong establishment of the Court were reservations from the Military and key daunting, but we somehow succeeded legal personalities in the country. in having Asia Pacific become part of the over-all effort to make it happen. The We learned from this experience that we possibility to make the Court function the need champions to push our cause to way we had envisioned it – independent the end. This also applies to the process and effective – depends on how we of implementation, and the challenges continue to strengthen our network of of how to integrate the Rome Statute ICC advocates from the grassroots provisions into domestic legislation. and peoples’ movements, CSOs and So as not to lose momentum, the Governments at the national, regional campaign for implementation should and global level. be a continuation of the campaign for ratification. Although in some countries, In the beginning of the century, it was a they had to work on the laws first before dream to have Asia Pacific represented ratification to ensure their compatibility at the ICC. Ten years later 17 countries and consistency with the Rome treaty. are there, and more will come. The Court is actively working on cases, We have done substantial work in the investigations and analysis. Getting last ten years, and it is precisely these justice and putting an end to impunity initial achievements that we ought to may still be far from being a reality in our continue to work on to sustain our gains region. However, the ICC is definitely and build our momentum for the next here and Governments in the Asia decades. Pacific region have started to recognise it. Some have accepted it, while others The way forward are still in the process of studying it, with the prospect of, hopefully, joining it in the We need to multiply the people in the near future. Governments and in the Parliaments that champion, understand, appreciate, and The campaign for the ICC should go on eventually support the ICC. We need as long as injustice, impunity and human to continue to build their capacities to rights violations continue to persist in implement the Rome Statute within their our region. FORUM-ASIA, in partnership national jurisdictions, and to continue to with those it has mobilised in the past mobilise civil society to work towards the should continue its role in making Asia goals of the ICC, in partnership with their Pacific count in the global sphere and

56 to make the ICC relevant in the lives of the peoples in the region, especially the victims of mass atrocities. The ICC campaign should go hand in hand with our campaign for justice. Because justice matters and justice for one is justice for all. This is the true spirit of solidarity and work for human rights for all. And this is what FORUM-ASIA aspires and works for.

***

Evelyn Balais-Serrano, Executive Director, FORUM-ASIA

Evelyn Balais Serrano is the Executive Director of FORUM-ASIA. She started FORUM-ASIA’s campaign for the International Criminal Court (ICC) in 2000. From 2004 till 2013 she served as Asia-Pacific Regional Coordinator for the Coalition for the International Criminal Court (CICC), after which she took up her current position.

57 58 59 ‘FORUM-ASIA is unique (..), it’s an Asian solidarity human rights NGO for Asians and also by Asians.’

Anselmo Lee Co-Convenor, Asia Democracy Network (ADN)

60 in MEMORIAM

Over the last 25 years too many human Charles Abeysekera rights defenders (HRDs) in Asia have passed away. They are gone, but not Charles Abeysekera was a Sri Lankan forgotten. In the following pages we will human rights defender, academic commemorate some of these people, researcher, and, without a doubt, one who gave so much for the promotion and of the most important figures from the protection of human rights in the region. civil society in Sri Lanka. He was born in 1928 and passed away in 1998. These are merely some of the many that should be honoured. And so this He established the Movement for Inter in memoriam, while focussing on a few Racial Justice and Equality (MIRJE) particular people who played key roles in the aftermath of the 1977 racial in the history of FORUM-ASIA, should violence in Sri Lanka with the purpose be seen as a means to commemorate of promoting harmony between the all that have been part of the journey for ethnic groups. In his work he focused human rights, but who were lost along on ethnic conflicts and the promotion the way. of reconciliation in Sri Lanka. In 1990 Charles founded the Human Rights Consolacion Soriano-Sardinia Documentation Centre (INFORM), which was later led by his daughter Sunila. Charles was the Chairman of the Official Consolacion Soriano-Sardinia, or Connie Languages Commission, and one of the as she was known to her friends, was founders of FORUM-ASIA. a Filipino human rights defender who established and headed the Paglilingkod *** Batas Pangkapatiran Foundation (PBPF), one of the founding members of Munir Said Thalib FORUM-ASIA. Munir was a well-known Indonesian In October 1997, Connie suffered a human rights defender, who was heart attack and passed away, while poisoned with arsenic while travelling attending a FORUM-ASIA meeting from Jakarta to Amsterdam on a flight in Bangkok. Before her involvement operated by state-owned airline Garuda with PBPF, Connie worked with the Indonesia on 7 September 2004. Prior Pilipina Legal Resources Center to his assassination, Munir had been (PLRC), also a FORUM-ASIA member repeatedly targeted because of his organisation, advocating for women and courageous criticism of human rights disadvantaged sectors’ rights. abuses and exposure of corruption.

*** 61 Although there was one person found In October 1973, during Marcos’ guilty of Munir’s murder in December dictatorship, Sister Mariani was arrested 2005, there is strong evidence for the on accusations of being a communist involvement of former state intelligence and of financing an underground officials in the planning of Munir’s killing. movement. She denied all the charges, Until today, the case of Munir has not but instead of being released, she was been resolved. No concrete actions sent to a detention camp for 47 days. have been taken to identify, prosecute During this difficult time, Sister Mariani and bring to justice those who actually experienced and witnessed the struggle planned and ordered his assassination. of political prisoners and their families.

Munir was an outstanding human Upon her release, in December rights activist and greatly contributed 1973, Sister Mariani joined the newly to the growth and strengthening established TFDP, and served as its of the human rights movement in Chairperson for 20 years, from 1976 to Indonesia. He worked at the Legal 1996. Sister Mariani visited more than Aid Foundation (YLBHI) and was 100 detention camps all over the country, later among the founders of the becoming a symbol of the commitment to Commission for Disappearance and the cause of the victims of human rights Victims of Violence (KontraS). He has violations. been widely recognised for his work on the disappearance of human rights *** activists. Later on he served as director Pattani Razeek of Imparsial – the Indonesian Human Rights Monitor. YLBHI, KontraS, and Pattani Razeek was a human rights Imparsial are all FORUM-ASIA member defender from Sri Lanka. He was organisations. abducted on 11 February 2010 in Polonuwara, a town in the North-Central *** Province of Sri Lanka, on his way home Sister Mariani Dimaran from a mission. His remains were later discovered and exhumed on 28 July Sister Mariani Dimaran was a prominent 2011 in Valachchenai, Sri Lanka. Filipino human rights defender, who headed the Task Force for Detainees In July 2011 the main suspect was of the Philippines (TFDP), one of the arrested for his alleged involvement founding members of FORUM-ASIA, for in the abduction of Pattani, but was 20 years. Sister Mariani passed away in released later in 2011. The case has December 2005, after a life dedicated to still not been resolved, since the key the protection and promotion of human suspects have been released and court rights. In recognition of her work, Sister trials have been delayed. Mariani was nominated twice for the Nobel Peace Prize, in 1986 and 2005. Pattani Razeek was a known human rights advocate. At the time of his

62 disappearance, he was the Managing worked regionally and internationally. Trustee of the Community Trust Fund She was a well-known figure within (CTF) and Executive Committee Member FORUM-ASIA, as well as other Asian of FORUM-ASIA. Pattani Razeek human rights networks, such as the supported the resettlement of the Muslim International Women’s Rights Action population, who were internally displaced Watch Asia Pacific. from Jaffna, Manna and Mulltivu during the civil war in the 1990s. He was also Sunila received numerous international well-known for his support of citizens awards for her work on human rights, affected by the tsunami in Sri Lanka in such as the United Nations Prize in the 2004, especially in Trincomalee and field of Human Rights in 1998, and was Amparai. honoured by Human Rights Watch with its Human Rights Defender Award in *** 2007. Sunila was selected as one of the Sunila Abeysekera human rights campaigners to address the United Nations Human Rights Sunila Abeyseksekera, was a Sri Council (UNHRC) during its opening Lankan human rights defender, who was session in 2006. internationally known for her outstanding advocacy work on women’s rights. Sunila *** succumbed to cancer in Colombo, Sri Irene Fernandez Lanka, on 9 September 2013 at the age of 61. Irene Fernandez was a Malaysian human rights defender who campaigned Sunila worked on women’s rights, gender relentlessly for the rights of migrant issues, human rights and peacebuilding workers, farmers, domestic workers, in Sri Lanka and the rest of the Asian prostitutes and people suffering from region for over 20 years. AIDS. She passed away on 31 March 2014 at the age of 67. Sunila was the founder of the Women and Media Collective in Colombo She began her career as a high school in 1984, and supported various teacher, but in 1970 she gave up her organisations focused on women’s teaching career to become a full-time rights in Sri Lanka. In the 1990s she activist. She was involved in many became the leader of the Human Rights campaigns, including the first textile Documentation Centre (INFORM), took workers union and trade unions, women on the role of President of the Movement leaders in the labour movement, and for Interracial Justice and Equality in campaigns to stop violence against Sri Lanka, and was elected as member women. She was a founding member of of the Executive Committee of the the Asia Pacific Forum on Women, Law Movement for Free and Fair Elections. and Development (APWLD), a long-time partner of FORUM-ASIA, where she was Besides her national involvement, Sunila Director for more than 10 years.

63 In 1995, Fernandez published a report on the abuse of migrant workers. The Government admitted that 46 people had died of various medical conditions in their detention centres, but, in March 1996, Fernandez was arrested at home and charged with “maliciously publishing false news”. Her trial became the longest in Malaysian history and many of the witnesses she was relying on were deported before she could make her defence. In 2003 she was found guilty and sentenced to a year in prison. Finally, in 2008, after 13 years of battle in court, she was acquitted.

*** Mohammad Farid

Mohammad Farid was an Indonesian child rights advocate, who passed away in February 2015.

Farid was the founder of the FORUM- ASIA member organisation, Yayasan Sekretariat Anak Merdeka Indonesia (SAMIN), which promotes and protects the rights of children.

Farid served as member of the Executive Committee of FORUM-ASIA from 2005-2007, and also as Chairperson of Asia Against Child Trafficking (Asia ACTs), a regional campaign to fight child trafficking in Southeast Asia.

64 ‘As a human rights defender who was facing threats and risks (..) sometimes you are able to be really strong knowing that you have (..) protection (..) and in that sense [FORUM-ASIA] has always been there for us, there for me.’

Nimalka Fernando President, International Movement Against all Forms of Discrimination and Racism (IMADR)

65 66 When the Challenges Are So Big that Regional Collaboration Is a Must The story of the Asia Pacific Refugees Rights Network (APRRN)

By Julia Mayerhofer, Interim Executive Due to these legal gaps, refugees Director, APRRN in hosting countries mostly remain unregistered, invisible, living in legal The Asia Pacific region hosts a large limbo and unable to access their number of the world’s refugees. It is also most basic rights. In Thailand and the site of some of the most acute and Malaysia, refugees are considered protracted refugee situations in the world. ‘illegal aliens/immigrants’ and therefore In addition, there are several million subject to arrest, arbitrary detention more asylum-seekers, stateless persons, and deportation. Refugees may find and internally displaced persons (IDPs) themselves in host countries for many in the region. Prolonged armed conflicts, years. During that time they struggle to as well as the absence of robust state- access adequate housing, education based human rights protection and and health services. Most importantly, democratic institutions, have contributed they lack the right to work, forcing to increased refugee flows from countries them to work in the informal sector of origin. and increasing their vulnerability to human trafficking and exploitation. Gaps in legislation Finally, refugee communities also face xenophobia and discrimination from host Only 20 out of the 45 countries located communities and experience difficulties in the region are party to the 1951 adjusting to life in a foreign place. Convention Relating to the Status of Refugees (Refugee Convention) and/ In an environment where Governments or its 1967 Protocol. The majority of are reluctant to take on their these countries do not have any national responsibilities and international refugee protection laws in place; nor is agencies operate in very constrained there a regional protection framework. spaces, the role of national civil society This undermines the ability of refugees is increasingly important. National civil to obtain effective protection in host, society groups and community-based transit, and destination countries. In the organisations often fill crucial gaps – absence of effective regional protection they provide essential services such as frameworks and safe migration channels, health, education, legal aid, psychosocial refugees often fall prey to human support, and cultural orientation. National traffickers and people smugglers. civil society groups also play a critical role in advocating for the rights of refugees given their local legitimacy and access to stakeholders. 67 The Asia Pacific Refugee Expansion and growth Rights Network (APRRN) Today APRRN has grown to 136 In light of the protection issues faced organisational and 114 individual by refugees and the difficulties faced members. Most of our members are by national civil society groups in national civil society organisations, but advocating for their rights, FORUM-ASIA membership also include academics, hosted the first Asia Pacific Consultation legal aid providers, lawyers, students, on Refugee Rights (APCRR1) in Kuala international non-governmental Lumpur on 20-21 November 2008. At this organisations (INGOs), refugee meeting civil society groups recognised representatives and others. that they worked in isolation in their own local contexts. This limited their APRRN is led and governed by its access to specialist training, technical members, which work with each other resources, and key stakeholders related through four geographic working groups to refugee protection. They recognised – South Asia; Southeast Asia; East Asia; the interconnections in their work, and Australia, New Zealand and the and the importance of supporting one Pacific. There are five thematic working another. They resolved to stay connected groups: Immigration Detention; Legal and to work together to advance refugee Aid and Advocacy; Right to Health; protection. Thus, during the meeting, Statelessness; and Women and Girls they established the Asia Pacific at Risk. Due to APRRN, national civil Refugee Rights Network (APRRN). society groups and individuals have a platform to connect to each other at FORUM-ASIA hosted APRRN in its the regional level and to share their formative years, playing a crucial role experiences, resources and good in ‘giving birth’ to this regional network. practices. APRRN also helps to fill a FORUM-ASIA accomodated APRRN’s ‘missing link’ between national groups first coordinator, appointed in 2010, and and key stakeholders on the regional and provided the necessary organisational international level. This helps civil society infrastructure for the APRRN Secretariat groups to develop a common and unified to grow. As a result of its growth and voice in the Asian region on refugee expansion, APRRN became independent rights. in 2012. Today the Secretariat has its own office and has further expanded Capacity development and the team to include three programme exchange staff; one Administrative Officer, one Finance Manager, as well as interns and In 2011, APRRN launched an annual consultants. APRRN’s Short Course, which has been held three times since. It remains the only initiative in Southeast Asia of its kind. APRRN also organised several Working Groups Consultations across 68 the regions, launched three sub-regional The development of the refugee law in Refugee Mental Health Trainings and Korea has been used by our members in facilitated a number of thematic trainings. other countries as a model that has the All of this face-to-face interaction has potential to be replicated. Experienced allowed APRRN members to build lawyers have exchanged lessons learnt connections across countries and with our legal aid providers in India, regions. which helped them draft a Memorandum of Understanding (MoU) with the In 2014, when refugees were deported United Nations High Commissioner for from Sri Lanka back to Pakistan, our Sri Refugees (UNHCR). Lankan members reached out to our Pakistani members, who immediately Magnifying local voices jumped in and provided assistance to those who had been deported. APRRN APRRN also serves as a platform that has made regional collaboration and magnifies local and national voices at cooperation between local and national the regional and international level with civil society a reality. As a result of key stakeholders. On many occasions APRRN’s work we have also seen we have facilitated this. For example, not national networks developing in countries only have we enabled national and local across the region, strengthening members to attend UNHCR events in cooperation at the national level. Geneva and relevant regional fora, but we have also ensured that our advocacy Over the years our work with civil society efforts reflect the actual situation on the responses to refugee protection has ground. APRRN has raised awareness gradually strengthened. At the core of on the importance of refugee protection our work lies the need to strengthen civil in fora that previously ignored or society in what they are already doing apportioned limited attention to refugees. – providing skills, knowledge, tools and strategies that places them in a better Over many years, members have position to respond to the human rights advocated at the national, regional and challenges of refugees. The network international level for positive policy has also functioned as a platform for the changes. While there have been several exchange of experiences and resources, small successes on the national level – as well as good practices. the region has fallen short in addressing refugee flows in a collaborative Our members have found that learning manner and with a human rights based from each other, especially in such a approach. constrained context, is crucial. It helps to understand what works in advocating for Globally we are also witnessing a new the rights of refugees in other regions, and sad record number of people being because it allows members to explore displaced. We are seeing worrying trends if similar strategies can be used in of border control and national security. their own national and local context. We are seeing more and more protracted

69 conflicts that force people to leave their I have had the privilege of watching homelands. In this context, civil society APRRN develop as a network to the has an absolutely crucial role to play in point where it has become a family and tackling some of the challenges. In an a collective voice that stands together environment where protection spaces strongly and united. APRRN is deeply are shrinking, networks such as APRRN appreciative and incredibly thankful to become even more important. As civil FORUM-ASIA, recognising the need for society we can be stronger, by coming us to come together and to establish together. As a network with one strong such a network. Without their support, voice, we can make change happen. the network would not be where it is now.

The future of APRRN ***

Looking into the future there is much Julia Mayerhofer, Interim Executive more potential for APRRN to further Director, Asia Pacific Refugee Rights consolidate its work. APRRN is already Network (APRRN) a key stakeholder in the region, but our voice needs to be even stronger, so Julia Mayerhofer has been with the that Governments start engaging with Asia Pacific Refugee Rights Network APRRN more closely. (APRRN) Secretariat since April 2011. She was the second paid staff and first APRRN also needs to strengthen joined the Secretariat as a Programme membership engagement and see how it Officer. Julia is an Austrian national and can bring in more refugee communities, prior to APRRN, she worked with refugee so that they can advocate for their own communities in Hong Kong with a focus rights. APRRN does not claim to be the on resource mobilisation, programme voice of the voiceless. We are aiming development and community outreach. to support refugees and civil society Previously she was also the Director of groups in strengthening that voice, so Help without Frontiers, an Austrian based they can speak for themselves. APRRN charity supporting refugee children on has much more to do in further building the Thai- border. Julia has a BA a strong refugee rights movement, in educational sciences and a MA degree taking inspiration from some of the other in Development Studies. In addition movements we have seen in this region. she has participated in various training related to human rights and refugees. I have been with APRRN for over four Julia also has a strong interest in social years now. I have seen APRRN grow enterprises and won the Hong Kong and I have seen first-hand the many Social Enterprise Challenge in 2011. challenges civil society is dealing with in this region. I have witnessed growing solidarity among civil society and how the work our members are doing directly benefits refugees across the region.

70 71 ‘The biggest religion is humanity, after that (..) comes your faith and religion (..) your identity is as human being [first].’

Cecil Shane Chaudhry Executive Director, National Commission for Justice and Peace (NCJP), Pakistan

72 73 ‘If [Governments] want to do something that will change our life, influence our life, we have to participate, everything has to be transparent.’

Yibee Huang Member Executive Board, Covenants and Conventions Watch, Taiwan

74 National Human Rights Institutions Advocacy The story of the Asian NGOs Network on National Human Rights Institutions (ANNI)

By Joses Kuan, Research and Advocacy Officer, Burma Partnership NHRIs. This was particularly important as many Asian countries were just The Asian NGOs Network on National embarking on their democratic Human Rights Institutions (ANNI) was transitions, and HRDs welcomed an established in December 2006. It is a ally that had the potential to contribute network of Asian non-governmental significantly to human rights protection organisations (NGOs) and human rights and governance on the ground. defenders (HRDs) that advocate for the strengthening of Asian National Human Today, the network continues to equip Rights Institutions (NHRIs) such that they and reinvigorate itself in response to are able to better promote and protect the varied challenges that impede the human rights. ANNI also advocates for work and functioning of Asian NHRIs. the improved compliance of Asian NHRIs Through the formulation of advocacy both in law and practice with international strategies and action points, NHRIs are standards, including the Paris Principles consistently monitored and assessed by and General Observations of the Sub- Asian civil society groups with regular Committee on Accreditation (SCA) of the and sustained calls for improvement by International Coordinating Committee of Asian Governments and NHRIs. National Institutions for the Promotion and Protection of Human Rights (ICC). ANNI, at the time of writing,26 has The annual ANNI report 30 member organisations from 17 countries or territories. The Asian Forum A major advocacy strategy is the for Human Rights and Development publication of the annual ANNI Report (FORUM-ASIA) functions as the on the Performance and Establishment Secretariat of ANNI. of NHRIs in Asia. It is an assessment of Paris Principles compliance of Asian National Human Rights NHRIs both in law and practice, as well as an inquiry into their effectiveness and Institutions (NHRIs) in Asia impact.

As Asian NHRIs were still relatively Some of the notable achievements new inventions that mostly emerged as a result of ANNI’s NHRI advocacy in the late 1990s to 2000s, ANNI include the Human Rights Commission was established to advocate for their independence as well as higher levels 26 Time of writing is September-October 2015. of accountability and effectiveness of 75 (HRC) of the Maldives’ instrumental Establishing independent and role in the passage of the Anti-Torture effective NHRIs Act (2014) and Suruhanjaya Hak Asasi Manusia’s (SUHAKAM’s – the Another main thrust of ANNI’s work National Human Rights Commission is advocating for the establishment of of Malaysia’s) landmark national independent and effective NHRIs. This inquiries into rights abuses and is particularly significant when other violations relating to freedom of peaceful domestic protection and accountability assembly and indigenous peoples’ mechanisms remain weak or inadequate. land rights, and even joint campaigns Such campaigns are nationally-driven with civil society organisations (CSOs) and member-led, with ANNI members for the Government’s accession to facilitating the formation of coalitions and the Convention Against Torture. In networks to develop a systematic and Mongolia, the NHRC has established the long-term plan of action to advocate for practice of having ex-officio civil society the establishment of NHRIs. representatives on the body to inform and steer the commission’s priority However, the reality is that NHRIs in areas, as well as assist in planning, non-democratic or transitional States designing and implementing its activities. are often used as smokescreens to deflect attention and scrutiny of the Challenges for NHRIs country’s human rights record. Hence, the establishment of an NHRI should Increasingly, it has become apparent not be conflated with greater respect that many NHRIs operate in hostile for human rights by the State. So, while environments that impede their ability their creation may arguably open up to fulfil their mandate. This is reflected an official space for a human rights in the recent intensification of reprisals, discourse, the institutional legitimacy attacks and harassment against NHRIs, of NHRIs is ultimately tested through and range from trumped up charges their performance, and in particular, filed against NHRI members for duly their impact or ability to render justice to discharging their roles and mandates, victims of violations and abuses. to physical summons and harassment before authorities. Even repressive States like Cambodia have recently accepted the The work of the ANNI network has recommendation to establish an NHRI evolved to also reflect contemporary with no reservations. This makes the challenges confronting NHRIs. These work of ANNI more critical and significant include advocating for legislative as it involves heightened vigilance, oversight of NHRIs to ensure public scrutiny and advocacy to prevent the accountability and to prevent attacks, creation of ‘alibi institutions’ to legitimise as well as promoting an enabling the State and deflect criticism of it. environment for them to operate in.

76 Regional and international inputs to the APF’s Strategic Plans advocacy through written and oral submissions.

ANNI’s engagement with the Asia In recent times, ANNI and the APF have Pacific Forum on National Human also collaborated on critical, urgent Rights Institutions (APF) started with issues such as NHRIs ‘in crisis’ or ‘at the intention to advocate for fully Paris risk’. Examples such as the judicial Principles-compliant NHRIs in the region. harassment of HRC Maldives members As relatively new creations, it was critical and potential dissolution of the National to ensure that these institutions remained Human Rights Commission (NHRC) of independent, effective and accountable Thailand readily come to mind. Such joint so that they could meaningfully advocacy actions ensure that the unique contribute to human rights protection and strengths of each network are mobilised governance at the national level. efficiently and advocacy efforts are amplified. Furthermore, in those regions in Asia where there were no (sub) regional ANNI’s visibility and credibility has mechanisms, such as the ASEAN also been firmly established in other Intergovernmental Commission international human rights bodies, such on Human Rights (AICHR), the as the accreditation review of NHRIs development of regional standards and administered by the ICC. The submission jurisprudence through the APF’s Advisory of timely and quality stakeholder Council of Jurists (ACJ) References, on reports, as well as frequent updates and a variety of prevalent and critical human information-sharing, is largely enabled rights issues, was particularly valuable by sustained scrutiny on the ground by for civil society and NHRIs alike. ANNI members and the close working relationship with the Secretariat. Since the early days in 2006, when civil society representatives were restricted to observer status at APF meetings, the relationship between ANNI and APF has evolved to a more robust, collaborative and sustainable partnership. In recent years, an ANNI-APF dialogue mechanism has been institutionalised in the context of the APF’s annual business meetings, providing an opportunity for frank and constructive discussions on issues of mutual concern as well as to strategise plans and actions. These include NHRI-civil society relationships and forms of cooperation, NHRIs’ role for HRDs, and even making substantial

77 Towards the future Joses Kuan, Research and Advocacy Officer, Burma Partnership Public expectations of NHRIs exist because their creation suggests an Joses Kuan works for the Burma institutional approach to addressing Partnership (BP) based in Mae Sot, and tackling violations domestically. Thailand. Before joining BP, he was After all, they are the only state-formed the National Human Rights Institutions organ tasked exclusively to promote and Programme Officer at FORUM-ASIA. protect human rights. ANNI will continue to do all it can to make NHRIs fully realise those expectations.

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78 79 ‘If we work together to strengthen ourselves, the future is in our hands.’

Chalida Tajaroensuk Executive Director, People’s Empowerment Foundation (PEF), Thailand

80 Capacitating a New Generation of Human Rights Defenders in Asia The story of the Glo-cal Advocacy Leadership in Asia (GALA) Academy

By Sejin Kim, Human Rights the human rights and development Defenders Programme Officer, communities, and despite its relatively FORUM-ASIA short-time of existence, has already made significant contributions to The world of human rights and strengthening the synergy between these development is constantly changing. two movements. Different concepts are introduced, and new tools, processes and instruments Background are set up. Particularly on a global level these developments can come and go 2013 marked the 20th anniversary of the very fast, making it hard to both follow Vienna World Conference on Human what is going on and translating them to Rights, which resulted in the 1993 local realities. This makes it important to Vienna Declaration and Programme train and capacitate young activists to be of Action (VDPA).27 Traditionally, civil able to understand, monitor and engage and political rights (CPRs) have been with these processes, and be a bridge accorded priority over economic, between the global and local level. social and cultural rights (ESCRs). The conventional focus on CPRs is partly Given how significant it is to be able due to the progressive and long-term to develop a comprehensive approach nature of ESCRs. However, the VDPA that includes both development and affirmed that all human rights – CPRs human rights, FORUM ASIA together and ESCRs – are universal, indivisible, with the Asian Development Alliance interrelated and interdependent. There is (ADA) and the Asia Democracy Network no hierarchical distinction between these (ADN) initiated the Glo-cal Advocacy rights. Leadership in Asia (GALA) Academy in 2013. This concept has since been embedded in the human rights discourse. It The GALA Academy focuses on capacity became widely accepted that CPRs and building and providing a platform ESCRs complement each other and for interaction and collaboration for are best realised when implemented second-tier leaders of civil society simultaneously. organisations (CSOs) from across the region. The GALA Academy is the first Development in particular is considered regional training programme which links a human right for all individuals and

81 peoples. The formulation of development of capacity building activities that as a right is based on the idea that FORUM-ASIA has conducted over development is more than just economic the last 20 years, including the Annual growth. For instance, the declaration on Training and Study Sessions for Asian the Right to Development describes it Human Rights Defenders (ATSS). It as ‘a comprehensive economic, social, intends to empower Asian CSOs and cultural and political process, which human rights defenders (HRDs) to aims at the constant improvement of the develop knowledge and key skills for wellbeing of the entire population and of their human rights and development all individuals on the basis of their active, work. free and meaningful participation in development and in the fair distribution of Additionally, the GALA Academy is benefits resulting therefrom’. 28 a concrete follow-up to the Bangkok Declaration and Statement on the Post Even though the notion of the 2015 Development Agenda, which was interdependence and indivisibility of adopted during the first regional meeting human rights has become well accepted of the Asian Development Alliance (ADA) at the international level, FORUM-ASIA which took place in Bangkok on 21 has witnessed a lack of understanding January-2 February 2013. and willingness to implement this on all levels. While human rights activists and movements have for a long time focussed on violations and infringements related to both civil and political rights (CPRs) on the one hand, and economic, social and cultural rights (ESCRs), as well as the right to development on the other, it is now time for the development paradigm to be integrated fully in the entire human rights movement. 27 Paragraph 5 of the VDPA stipulates that: The GALA Academy ‘All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a The GALA Academy was developed to fair and equal manner, on the same footing, and address this need for a comprehensive with the same emphasis. While the significance of approach on both development national and regional particularities and various and human rights, and so far it has historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, meaningfully activated intrinsic linkages regardless of their political, economic and cultural between the agendas of the two systems, to promote and protect all human rights communities. and fundamental freedoms’.

28 OHCHR, ‘The Right to Development Approach to The GALA Academy builds on the a New Global Partnership for Development for the experiences and lessons from a variety Least Developed Countries’, 2011.

82 Objectives and set-up

The general objective of the GALA Academy is to enhance the capacity of the next generation of CSO leaders in Asia and to allow them the opportunity to share their ideas and understanding of human rights and development. The GALA Academy aspires for its alumni to play a crucial and constructive role in national, regional and international advocacy on human rights, development and democracy.

The specific objectives of the GALA Academy are to:

1. Develop an understanding, among The weeklong training provides a the participants, of the international platform to develop strategic glo-cal policy-agenda and processes related (global and local) actions on key human to human rights and development rights and development issues, as well in the context of the Post-2015 as related regional and international Development Agenda or Sustainable processes for second-tier leaders. The Development Goals (SDGs); trending paradigm of globalisation is a key issue covered during the GALA 2. Improve strategic and critical thinking Academy. of the participants by linking global discourses to local contexts; and When looking at the evolution of globalisation, we can see the transition 3. Enhance collaboration among CSOs from international, to trans- or in the region in developing cross- supranational, to global, and finally to sectoral advocacy action plans glocalisation. A development inspired by based on collective analysis. the realisation that the general concept of globalisation was not sufficient when applied to the different characteristics of local communities. The term glocalisation was developed to mainstream globalisation with a focus on and customisation of local characteristics. It truly is the development of synergy from the bottom up.

83 The following chart shows the programme of the most recent GALA Academy of August 2015, and is reflective of a typical GALA Academy week.

Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7

Workshop Presentation Introduction --- of Advocacy to Media Com- Strategies Objectives, munications and Action Programme Strategy, Plans Agenda, etc. Coalition- building

Glocal Overview of Advocacy – Post-2015 Visit to Presentation Concepts, Development UNESCAP of Advocacy Principles & Agenda OHCHR, Strategies Overview of Strategies and Related UNDP, etc. and Action International Processes/ Plans Human Evaluation SDGs Rights and Closing Democracy Session Agenda and Role play Mechanisms simulation: Workshop SDG 17 --- Skill Learning, Analysis and Advocacy Planning

84 Prior to every GALA Academy, homework levels. It provided knowledge on how is given to all participants to prepare to engage with these mechanisms them for the discussions on the different from a development and democracy issues: human rights; development; and perspective. democracy. Reflecting on the outcomes of the most The first day gives participants the recent GALA Academy, participants were opportunity to share their opinions on the thus able to understand and gain basic main issues in each domain, and identify knowledge of the fundamental functions the differences that exist between their of UN Human Rights Mechanisms, such own perceptions and the more generally as the charter-based bodies, treaty recognised perceptions on human rights bodies, the Universal Periodic Review and development. Answers usually vary, (UPR) and so on. but often there is also consensus on certain topics. Looking at the national level, the session tried to breakdown the traditional The GALA Academy 2013-2015 understanding of human rights being the sole responsibility of the State. The For example, during the last GALA trend has shifted, and now, through Academy, regarding human rights glocalisation, the responsibility of the issues, participants identified: the State is in the hands of local actors. plight of HRDs; Freedom of Expression (FoE) and Freedom of Assembly and The session on the overview of Association (FoAA); ESCRs; impunity; development mechanisms and minority rights; and business and processes at the international level also human rights as the main issues. provided participants with knowledge Poverty; natural resources; Corporate on how to engage with development Social Responsibility; education; the mechanisms from a human rights and environment; housing; gender equality; democracy perspective. It did so through democracy; and the SDGs were put a concrete case study of engagement forward as pressing development issues. with international institutions, such as Throughout this exercise, participants the Asian Development Bank (ADB) and were able to compartmentalise and other international financial institutions. conceptualise issues related to development and human rights, as all The training also provided skill-learning these issues are directly or indirectly workshops to capacitate participants with related. necessary skills for their advocacy work at national, regional and international The next topic on the agenda of the levels. During the workshops, key training was a module which gave concepts and components of advocacy an overview of different human rights were shared. In the context of the GALA mechanisms and processes at the Academy advocacy is understood as national, regional and international a set of communicative actions aimed

85 at producing societal change through explained. Participants also critically enabling and empowering people to analysed the SDGs, focussing on how speak for themselves. balanced they were and to what extent they acknowledged the interdependence The module then moved on to present between human rights and development. various components of communication, such as public, inter-cultural, and One of the most popular parts of the inter-personal aspects, as well as the training was the role-play simulation importance of reading between the on the SDG negotiations. Through the lines and understanding the jargon exercise, participants gained a sense of that is used in the UN system. It was the dynamics and processes in the UN emphasised that it is not about how well system. Moreover, they were able to put a language is spoken, rather it is about negotiation and communication skills into how effective the message is delivered, practice, and strengthen them further. specifically when it comes to the role of CSOs and their different communication Finally, the training contributed to strategies. identify priority goals from national and sub-regional perspectives, and It is important that both human rights the formulation of strategic advocacy and development movements explore actions. While doing so, participants, other means of communication, like once again, got to practice their social networking services, than those negotiation and communication skills. they normally use. Communication techniques can be learned to improve Outcomes and changes advocacy efforts, and to gain a wider public audience. With the rapid increase Although the GALA Academy is only in technology, tools for advocacy have three years old, it has produced also become multiple. significant impacts in the human rights and development movement in Asia. During the training, participants also In three years, FORUM-ASIA trained got the opportunity to learn more about around 78 second-tier leaders from 16 the SDGs, and compare the Millennium countries in Asia. After the trainings, Development Goals (MDGs) with the they conducted and supported effective SDGs. Participants deepened their campaign and advocacy activities at the understanding of the targets and national, regional and international level. indicators of MDGs and SDGs as well. Throughout the training, participants were equipped with knowledge and skills, They also developed and identified among other related to communication their own priority SDGs, indicators and and negotiation strategies. targets. During the particular session in which they looked into this, human One interesting outcome has been rights mechanisms were further explored the creation of a space to share best and the importance of the SDGs was practices for effective coalition-building

86 and communication. Participants gained to coincide with International Women’s knowledge and skills to engage with the Day. Both human rights and development UN and other international mechanisms. activists worked together to have her, Alumni of the GALA Academy have and four other colleagues who were become important national, regional arrested along with her, released. A joint and global actors undertaking glo-cal statement from both human rights and advocacy. development organisations was issued. And an online petition was launched and For instance, Indonesian participants of circulated by GALA Academy alumni the GALA Academy held a discussion to the human rights and development among 30 Indonesian organisations communities. After a month of pressure, working on human rights and the alumna of the GALA Academy was development in October 2013 related released on bail in April 2015. to human rights in the Post-2015 Development Agenda. GALA Academy Lessons learnt materials were used for the preparations of the discussion. It has been only three years since the GALA Academy was introduced, but In another instance, during the World there are both practical and conceptual Social Forum in 2015, three alumni of lessons learnt. the GALA Academy, from Cambodia, the Philippines and Taiwan, attended • On a very practical level, in spite of the meeting and organised a regional the fact that homework was given workshop to exchange ideas. to all participants to enhance their familiarity with the different issues Another significant outcome has been to be addressed during the GALA the increase in mutual understanding Academy prior to the training, there between the human rights and was still a gap of knowledge between development movements. An informal different participants, particularly and loose network of former participants those coming from the human rights was set up on social media, through a movement. For instance, during some Facebook page of the GALA Academy of the sessions on the SDGs and the and a mailing list. This platform has been post-MDGs campaign, participants a key tool to share up-to-date information from a human rights and democracy on development and human rights. It has background had difficulties to engage, also further strengthened the solidarity since they were not familiar with the between the two camps. particular campaigns and subject. In order to tackle this issue, FORUM- For example, an alumna of the first ASIA identified that there is a need for GALA Academy from China was arrested a national-level GALA Academy. in March 2015 ahead of an anti- harassment campaign that was launched

87 • Similarly, alumni of the previous Sejin Kim, Human Rights Defenders GALA Academies from the same Programme Officer, FORUM-ASIA. countries were not formally introduced to new graduates. It was suggested Sejin Kim serves as Human Rights to connect them so that they could Defenders Programme Officer at engage with each other before and FORUM-ASIA Office in Bangkok, after the training. Thailand. She served as East Asia Programme Fellow at FORUM-ASIA from • Furthermore, a sub-regional GALA 2011 to 2012. Academy for the training of trainers was also suggested, as it would Sejin has a Bachelor’s degree in provide great opportunities to expand International Relations from Dublin the pool of trainers to conduct City University, Ireland, and is currently national GALA Academies. undertaking a Master Programme in Human Rights from Sidney University Towards the future and Mahidol University. Prior to joining FORUM-ASIA, Sejin served as a country As the very first regional training to link research consultant (Thailand and South the human rights and development Korea) for Internet.org and Verite. communities, FORUM-ASIA has contributed to strengthen both movements, and has created synergy between them. Our work will continue to provide a bridge. As one of the GALA Academy alumni said:

‘I am very lucky to be part of the GALA Academy. I feel more responsible because we are amongst the few people in the world who have in depth knowledge about the SDGs and importance of intrinsic linkages between human rights and development. That is why we – as alumni of GALAA – hold more responsibility on our shoulders to work a lot more and share our knowledge with others.’

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88 89 ‘We need more people, to work in public spaces. As human rights defenders, as anti-corruption defenders, as workers for democracy, as journalists (..) To guard the principles, to guard a better democracy within Asia.’

Haris Azhar Coordinator, Commission for the Disappeared and Victims of Violence (KontraS), Indonesia

90 A Canvas of Possibilities The story of the Regional Initiative for a South Asia Human Rights Mechanism (RISAHRM)

By Anjuman Ara Begum, South Asia The context Programme Officer, and Mukunda Kattel, Director, FORUM-ASIA The lack of progress in human rights standard setting and its enforcement The 20th century has witnessed in the region has made violations a an upsurge of self-determination common feature, including: extra-judicial movements across South Asia, replacing killings; disappearances; torture; and repressive colonial rule with democracy gender- and caste-based atrocities. and written constitutions that promise Those responsible for such atrocities the rule of law. However, the process of are rarely investigated and hardly held human rights standard setting and its to account. This makes South Asia a enforcement remains poor domestically region with an institutionalised culture of as well as regionally. impunity. Poverty, socially and culturally sanctioned inequalities, terrorism and Even though some fundamental militarisation add badly to this culture. human rights instruments have been established in the last years, there is ‘What we have in common in this region still a lack of actual implementation of is a history of sufferings and injustices.’ these guidelines. Facing this fragmentary This single sentence of Harsh Mander, environment of human rights standards a noted Indian social activist, aptly sums setting in the region, the establishment up the situation of human rights and of a regional human rights mechanism justice in South Asia today.29 in South Asia is highly significant. The Regional Initiative for a South Asia In 1985, the South Asian Association Human Rights Mechanism (RISAHRM) for Regional Cooperation (SAARC) was serves as an important facilitator in established with a view to promote peace this process by providing a platform to and stability in the region. To achieve bring together individuals, civil society this lofty goal would mean to repair the organisations (CSOs) and people’s history Harsh has noted above. However, movements from across the region thirty years down the road, the situation for the goal of establishing a regional in the region has not become any better. mechanism for the protection and promotion of human rights. 29 Harsh made this remark while addressing a national workshop on Regional Initiative for a South Asia Human Rights Mechanism (RISAHRM) held in New Delhi in August 2014.

91 This is not to say, however, nothing another against human rights violations. has happened over the years. Some However, all States have fallen short useful human rights instruments have in the applications of these institutions, been adopted. The development instruments, and remedies. and ratification of the Convention on Preventing and Combating Trafficking International human rights instruments in Women and Children for Prostitution provide for the equal protection and (2002), the Convention on the Promotion promotion of human rights to everyone of Child Welfare in South Asia (2002), the without bias or favour. These instruments Social Charter (2004) and the Charter on should be implemented at the domestic Democracy (2011) by several countries level, through appropriate domestic in the region are testaments to this. arrangements, for concrete outcomes. Actual protection and promotion of However, these instruments only human rights thus depends on the ability exist on paper. No mechanisms have and willingness of national Governments been developed to oversee their to implement the international standards. implementation, which indicates the It is here the problem occurs. Human urgency of a regional human rights rights do rarely draw a national priority, mechanism. In its absence, the promises less so in areas where people, the of SAARC continue to remain hollow. rights holders, are not able to assert themselves effectively and national Hosting over one fourth of the world Governments are adept at finding this or population, South Asia is home to some that excuse to justify why human rights of the world’s most ancient civilisations, are not their priorities. cultures, religions and languages. The people share historical ties and socio- South Asia is such a region. Dr Sima cultural similarities in many ways. Yet, Samar, a noted human rights activist they remain disconnected and thus and the Chair of the Afghan Independent are deprived of exploiting the wisdom, Human Rights Commission sees the which emanates from their civilisational need for a regional mechanism from richness, to benefit each other. a geopolitical perspective as well: ‘To promote human rights requires the All States of the region – Afghanistan, Governments to work together, to Bangladesh, Bhutan, India, the Maldives, collaborate and complement each other. Nepal, Pakistan and Sri Lanka – have But this rarely happens in our region as some form of domestic institutions our Governments have problems with to deal with human rights within their each other. A specific mechanism is thus borders. All States are parties to almost necessary to bring them together and all core international human rights engage them in human rights standard instruments, barring Bhutan, which is setting and implementation.’30 only party to the conventions related 30 Dr Samar made this remark while addressing a to the rights of the child and women. national workshop on Regional Initiative for a South All States also have constitutional and Asia Human Rights Mechanisms (RISAHRM) held in New Delhi in August 2014. legislative remedies of one kind or 92 Role and expectation of progress, detect areas of improvement Regional Human Rights and initiate remedial actions where Mechanism necessary. A regional human rights mechanism Human rights protection and promotion becomes crucial here: to bridge the is the responsibility of national gap between the national and the Governments. This responsibility arises international both in terms of standard from them being a member of the setting and implementation. They United Nations and party to international provide an additional layer of human human rights instruments.31 Central rights protection as a mediator between to the State’s responsibility is to take international treaty obligations and every measure necessary – political, domestic implementation, including legal, economic and social – to create development of national laws and an environment for the protection policies in line with the spirit of and promotion of human rights of international standards.33 everyone. National courts and human rights institutions closely monitor the Governments should have a strong implementation of the human rights incentive to promote and protect human responsibility of the State, and provide rights within their region. It is proven that protection and redress in the event of severe violations of people’s rights lead a denial and violation. They do so by to internal conflicts with numerous spill drawing authority and guidance from over effects on neighbouring countries, international human rights law.32 while greater protection enhances peace and security of all States involved.34 Human rights standard setting and implementation follow an inverse This is also true in the everyday order. While the process of standard 31 setting follows a top-down order, the For more information on the context and substance of human rights and their protection implementation of standards takes mechanisms, please visit http://www.ohchr.org/EN/ place bottom-up. The standards set at Issues/Pages/WhatareHumanRights.aspx. the international level are implemented 32 in a country context. This means the OHCHR, ‘International Human Rights Law’, http:// www.ohchr.org/EN/ProfessionalInterest/Pages/ implementation is largely a domestic InternationalLaw.aspx. business and is contingent upon the will and capacity of a State. It is therefore not 33 Heyns, Christof and Magnus Killander, ‘Towards surprising to see a huge gap between Minimum Standards for Regional Human Rights system’, in Looking to the future: Essays on rhetoric (standards on paper) and reality international law in honour of W Michael Reisman, (implementation on the ground) as they ed. Mahnoush H. Arsanjani et al. (Leiden: Martinus exist in a completely different context. Nijhoff Publishers, 2010). The gap between standard setting and . 34 Petersen, Carole J., ‘Bridging the Gap? : The implementation also exists in absence Role of Regional and National Human Rights of a mechanism needed to monitor the Institutions in the Asia Pacific,’Asian-Pacific Law implementation of the standard, follow up and Policy Journal 13, no.1 (2011: 174). 93 experience of those involved in human contribute to standard setting’, as Miloon rights defence, as reverberated in the Kothari, the founding Convenor of the following expression of Henri Tiphagne, Task Force of the Regional Iniative for a an Indian human rights activist and the South Asia Human Rights Mechanism current Chairperson of FORUM-ASIA: argues. ‘Such a mechanism’, he adds, ‘can also monitor recommendations ‘From Afghanistan to Sri Lanka, flowing from the UN treaty bodies, and people suffer violence and numerous their implementations at the national atrocities, while perpetrators continue to level ’.36 This is a very important enjoy impunity. It is too much. Without function of a regional human rights any further delay, the people and mechanism. Regional standard setting Governments of the region must come and close monitoring of the conduct of together to prevent any further escalation the international bodies can bridge the of violence. This is the only way we can cultural divide that exists now vis-à- ensure peace and stability in the region. vis human rights practices, which are And the regional mechanism that we alleged to be biased towards those who are aspiring to establish can bind these have a strong voice. together.’35 Life and work of RISAHRM South Asia is among a few regions in the world that do not have a regional RISAHRM is a loose network of human human rights mechanism. Europe was rights defenders and experts in South the first to establish such a mechanism. Asia, committed to the protection and The Americas constituted an Inter- promotion of human rights in the region. American system after the Europeans, As a network, it serves as a collaborative although they had adopted a declaration platform of individuals, CSOs and enshrining the human rights of their people’s movements from across the peoples much earlier. The Arab League region, and mobilises them in actions to also has a human rights committee, achieve a regional outcome, which is the constituted following the adoption of the establishment of a regional human rights Arab Charter on Human Rights, to take mechanism. care of human rights issues of the region. In Asia, the Association of Southeast ‘RISAHRM has a single aim’, says Asian Nations (ASEAN) has established Subodh Pyakurel, Co-Convenor of the the ASEAN Intergovernmental Task Force on RISAHRM and former Commission on Human Rights (AICHR) Chair of FORUM-ASIA. to deal with human rights issues within the ASEAN community.

‘A regional mechanism can also 35 Excerpts from the presentation made in the “National Workshop on Regional Human Rights Mechanism,” held in Delhi, India in August 2014.

36 Ibid. 94 ‘It is to establish a South Asian human To fine-tune and firm up the ideas rights mechanism that brings together explored in the first sub-regional national processes and regional workshop, the Second Sub-Regional aspirations. Human rights institutions Workshop was held in Kathmandu in exist in all South Asian countries, one July 2011. This second workshop saw way or another. All the countries have the formation of a working group of national laws protecting human rights. human rights experts from the region All, except Bhutan, also have national to continue the process, with Miloon human rights institutions with mandates Kothari from India as the coordinator. to promote those rights. However, the A year later, in July 2012, the working countries differ starkly in terms of the group met in New Delhi and formed a record of performance, with each having broad network of South Asian human a poor record. A regional mechanism rights expert-defenders, which they is needed to establish a regional bar of named the Regional Initiative for a performance, which every state should South Asia Human Rights Mechanism reach at the very least. This is the (RISAHRM). In the meeting it was also aspiration we are working towards. To decided to constitute a Task Force to achieve the aspiration we collaborate lead the network regionally, and form with all concerned, both state and non- a working group to develop a Terms state, with the highest spirit of inclusion of Reference (ToR) with mandates, and engagement.’37 functions and modus operandi of the Task Force. Miloon Kothari was given RISAHRM was established in July 2012 the responsibility to draft the ToR in as the culmination of a long process consultation with other colleagues in the that began much earlier. In 2010, the region. First Sub-Regional Workshop on South Asia Human Rights Mechanism was In August 2014, human rights leaders organised in Kathmandu, Nepal to initiate and experts from the region met in New a focused discussion on the regional Delhi. They discussed the draft ToR and mechanism. It critically reviewed human formed the first Task Force of RISAHRM rights problems and challenges faced by with Dr Sima Samar (Afghanistan) as the the people of the region, and concluded Convener and Subodh Pyakurel (Nepal) that the challenges could be addressed as the Co-Convener; and, Dr Mizanur only by strengthening regional solidarity Rahaman (Bangladesh), Dr Rinchen and cooperation through a regional Chophel (Bhutan), Miloon Kothari (India), human rights mechanism. One of the key Dr Ibrahim Ismail (the Maldives) and features of the workshop was the strong Hina Jilani (Pakistan) as members. call that South Asia should not remain Nimalka Fernando (Sri Lanka) came on isolated from the rest of the world. board in March 2015.

37 Based on informal conversation with Anjuman, September 2015.

95 Key milestones and business of the SAARC Summit due challenges to geo-political dynamics of the region, many state representatives expressed Over the last three and a half years, their commitment to the mechanism, RISAHRM has established a basic and assured their support. The People’s institutional infrastructure to lead the SAARC, that brought together some campaign for the regional human 2500 representatives from CSOs and rights mechanism both at regional and people’s movements from the entire national levels. The Task Force leads region, included in its ‘People’s SAARC the campaign at the regional level, while 2014-Declaration’, specifically the call national committees have been formed for the establishment of a ‘human rights to steer national processes under policy charter and an effective and participatory guidance of the Task Force. human rights mechanism as an apex body to promote, protect and fulfil all To speak in concrete terms, RISAHRM rights for all people of the region in conformity with international human has achieved the following milestones 39 over the last years: rights law.’

• A regional Task Force, with • A plan of action has been developed representation from all countries of to: organise national workshops in the SAARC, has been formed to oversee remaining countries of the region and the campaign at the regional level, and form national core committees; update provide policy guidance to national and/or develop awareness and education campaigns and processes. materials for public education and action; establish a separate website; and • A ToR has been adopted, which enhance collaborative engagement with lays down mandates and operational SAARC. procedures, including the provision of a Secretariat,38 for the Task Force.

• National Core Committees have been formed in Bangladesh, Bhutan, India and Nepal to propagate the idea of a regional mechanism and create a national momentum in favour of the mechanism at the national level.

• In the run-up to the 18th SAARC 38 FORUM-ASIA’s South Asia Office, currently Summit (November 2014), intensive hosted by the Informal Sector Service Centre (INSEC) in Kathmandu, serves as the Secretariat of lobby and advocacy efforts were the Task Force. undertaken in favour of the mechanism. Although, the agenda of the mechanism 39 FORUM-ASIA, ‘People’s SAARC 2014 – could not be included in the formal Declaration’, 23 November 2014. 96 Hina Jilani, an acclaimed lawyer and Anjuman Ara Begum, South Asia former special representative of the Program Officer, FORUM-ASIA UN Secretary General on human rights defenders, compares RISAHRM with ‘a Anjuman Ara Begum serves as South good canvas with an image of immense Asia Programme Officer at FORUM-ASIA possibilities.’ These possibilities office in Kathmandu, Nepal. Anjuman include the peoples of the region to be holds a Ph.D in Law from Gauhati connected and mobilised drawing on University, India. their ‘commonality of concerns’ and the States coming together to respond to Before joining FORUM-ASIA in August the common concerns of the people.40 2015, she served as Steering Committee The drawing of the image, as Hina has Member of Women in Governance India figuratively highlighted, is in fact the and worked as Program Officer-India greatest achievement of RISAHRM to- Desk, at Asian Legal Resource Centre date. in Hong Kong and Public Affairs Liaison Officer at Cordaid, India. The challenge is to add life to the image. It requires the Task Force and the Core Mukunda Kattel, Director, FORUM- Committees to make reticent SAARC ASIA listen to the ‘commonality of concerns’ of the people and respond to those Mukunda Kattel serves as the Director of concerns. Making SAARC work is not a FORUM-ASIA since July 2014. Mukunda small undertaking. However, there is no has been working in the human rights choice but to engage and engage again field since 1995. Before joining FORUM- until there is a response. The canvas ASIA, Mukunda worked as Impunity, cannot afford to remain dull. Human Rights and Justice Adviser and Senior Adviser, Human Rights *** Organisations Component for Danida HUGOU and as Programme Manager for Rural Reconstruction Nepal.

Beyond the promotion and protection of human rights, Mukunda focuses on constructive conflict-handling, post- conflict peace building and capacity building of civil society organisations and national human rights institutions. Mukunda is currently working on his Ph.D.

40 Delhi Workshop, August 2014.

97 98 99 ‘We need to develop a culture of human rights, a culture of human rights means getting all these levels of civil society and state to internalise some of these values.’

Teesta Setalvad Secretary, Citizens for Justice and Peace (CJP), India

100 ‘Under elected Government or under the Military Government, the poor still have the same fate (..) Human rights and democracy [are] meaningless if [they do] not benefit the poor, the marginalised.’

Somchai Homlaor Chairperson, Cross Cultural Foundation (CrCF) and Secretary, Human Rights and Development Foundation (HRDF), Thailand

101 102 THE HISTORY OF chapter 2 THE HUMAN RIGHTS MOVEMENT IN ASIA

This chapter provides an overview of • Democratisation and People Power significant developments and events over the last 25 years – 1991-2016 Almost all people that gave input to this – for the human rights movement in publication mentioned the progress Asia. The input for this chapter was of democratisation in many countries collected through discussion in meetings, throughout the region, as significant interviews and written submissions. For for human rights development in Asia. an overview of people that contributed to Specific countries that were highlighted this chapter, see page 333. included Indonesia, Timor-Leste, Nepal, Burma and more recently Sri Lanka. Obviously this means that what people highlighted was personal and Particularly, but not limited to, the subjective. The chapter is by no means 1990’s was a period where democratic exhaustive. The developments and developments were perceived as events that are included in this chapter positive. Several authoritarian and are those that were identified multiple repressive regimes were removed or times by contributors to the publication. forced out of power – like the ousting This chapter should be seen as a of Suharto in Indonesia. Long-running representation of what they perceived armed conflicts ended – like in Aceh – as important moments, rather than and other nations saw their claims to an objective overview. Not all human self-determination result in independence rights developments highlighted in the – like in Timor-Leste. Many countries in consultations were positive. Particularly the region held free and fair elections for when reflecting on recent years, which the first time – like in Burma, Mongolia, was roughly indicated as having started Bangladesh and the Maldives. It is in 2010, many participants were fairly important to point out that ‘free and fair’ pessimistic. is a flexible concept and is not always realised to the same extend everywhere. Instead of presenting a chronology of human rights developments in Asia, Other developments related to this chapter is structured into thematic democratisation included: the drafting of areas. These categories or areas of new constitutions with input from people change were indicated as crucial to the and civil society; the establishment development of human rights in Asia in of multi-party parliamentary systems; the last 25 years. and other forms of political reform that contributed to the improvement of basic civil and political rights. 103 Of great significance in all of these decades. Human rights activities, developments was the mobilisation projects and campaigns became targeted of people or People Power.41 Mass- and strategic over this period. This was demonstrations and protests, particularly in part due to donors establishing and when reported by international media, enforcing stricter planning, monitoring meant that regimes in the region could and evaluation mechanisms but also no longer ignore the will of the people. due to greater public engagement and These protests were supported by, and scrutiny. in many an instance the result of work by human rights defenders (HRDs), some of In addition, human rights efforts became whom did so at great personal cost. increasingly interconnected regionally and internationally. Civil society Nonetheless, progress for greater organisations (CSOs) formalised their democratisation across Asia has been collaboration ensuring consistency of uneven. There are many instances, message and advocacy. Knowledge especially in recent years, where exchange and advocacy efforts created democratic progress has been rolled formal and informal networks of HRDs back in several countries. Elections across the region. For some examples of have been found to be fraudulent, like this, see the cases on ALTSEAN-Burma for example in Bangladesh. Legislation (page 29), ANFREL (page 37), APRRN that limits civil and political rights has (page 67), and the GALA Academy (page been enacted across the region, like in 81). Cambodia, while in other places military coups have put an end to democracy A new focus of human rights efforts altogether, like in Thailand. over this period was the engagement with Regional Inter-Governmental Reflecting on 25 years of human Organisations (RIGOs). The Association rights developments that people deem of Southeast Asian Nations (ASEAN) important, clearly demonstrates the and the South Asian Association for undeniable link between human rights Regional Cooperation (SAARC) are two and democracy. Places that have key organisations that were targeted. experienced regress of democracy in Initiatives such as People’s SAARC, the recent years should therefore be eyed ASEAN People’s Assembly (APA) and with great concern. the ASEAN Civil Society Conference (ACSC) were important achievements for • Growth of the human rights movement the advancement of human rights in Asia. and human rights mechanisms These new mechanisms exemplified the trend of regional engagement over the The last 25 years in Asia witnessed last 25 years. the growth, expansion and professionalisation of the human 41 Here the Philippines was mentioned as an rights movement. Many of the key inspiration, but technically the People Power organisations today, including FORUM- movement there does not fit in the time period this ASIA, were established over the last chapter covers. 104 Regional human rights developments be seen as an opportunity and potential in Asia were part of a global effort that ally. focused and refined human rights through the later part of the 1990s. In The establishment of the Asia Pacific part responding to CSOs advocacy Forum of National Human Rights activities, the last decades saw the Institutions (APF) mirrored this desire establishment of bodies like the Office of NHRIs themselves to strengthen and of the High Commissioner for Human learn from each other, and enhance Rights (OHCHR), the International their work to realise their mandates. Criminal Court (ICC), and the Universal CSOs from across the region, including Periodic Review (UPR) of the United FORUM-ASIA, took it upon themselves National Human Rights Council to monitor and engage with the APF (UNHRC). While not many similar through the establishment of the Asian institutions were created at a regional NGO Network on National Human Rights level in Asia, Southeast Asia did see the Institutions (ANNI). For more on ANNI, creation of the ASEAN Intergovernmental see the case study on page 75. Commission on Human Rights (AICHR) and the ASEAN Commission on the • Declarations, Conventions and Promotion and Protection of the Rights Conferences of Women and Children (ACWC). While these institutions all suffer In addition to the establishment of from complications and challenges key institutions and bodies, significant in fully realising their mandates, their progress was made in the drafting, establishment should be celebrated as signing and ratification of human rights milestones that institutionalised human related declarations and conventions. rights commitments. While much remains to be done when it comes to implementing many of these, This institutionalisation of human rights again the progress lies in the recognition commitments globally and regionally and commitment these documents flowed through to the national level as represent, and hence how they can be well. Across Asia, National Human Rights used as tools by HRDs. Institutions/Commissions (NHRIs) were established. Here again it should be Particular reference was made here to: noted that many NHRIs leave much to be the UN Guidelines on NHRIs; the UN desired when it comes to truly promoting, Declaration on the Rights of Indigenous realising and protecting the human People; the outcome documents of the rights of the people. In some cases the UN Climate Change Conference; and the establishment of an NHRI is even used ASEAN Human Rights Declaration. to justify an end to efforts to further protect or promote human rights. Still, The 4th World Conference on Women generally speaking NHRIs should be held in 1995 in Beijing was perceived viewed as a key development for human as crucial in the development of human rights in the region and moving forward rights in Asia of the last decades. The

105 outcome documents and actions plan and analyse the key issues related to from this meeting represented dramatic human rights in the Asia at the time, it progress for women’s rights in Asia. also represented a crucial moment of Probably more importantly, the meeting collaboration and solidarity among HRDs contributed to the strengthening and in the region. consolidation of the women’s movement in the region. Given the regress that is • Global developments beyond the currently taking place in certain parts of human rights field the region when it comes to women’s rights, the importance of holding onto Inputs and reflections for this publication the outcomes of the Beijing Platform for also highlighted crucial developments Action underscores the significance of that occurred outside of the direct scope the meeting’s achievements. and influence of the human rights field. Global and regional events that played Of similar importance to the progress on an important role in the development of human rights in Asia has been the work the human rights movement in Asia, but on, and as a result the ratification of were not intended as such. different key documents by Governments in the region. The Convention on the The Asian financial crisis of 1997 had Rights of the Child (CRC) and the a significant impact on human rights Convention on the Elimination of All in the region. The financial instability Forms of Discrimination Against Women that stemmed from the crisis severely (CEDAW) were ratified by all ASEAN affected several regimes in the region. Member States. Great efforts were also The crisis undermined the power of made by CSOs to encourage as many these leaders; most notable was Suharto Asian countries as possible to support who had by then been ruling Indonesia the establishment of the ICC. See the for over 30 years. It cannot be claimed case study on page 47. that the 1997 financial crisis was the sole reason regional leaders such as Suharto However, inputs from our contributors lost power. However, the crisis most revealed that the most significant human certainly played an important role in their rights document created over the last downfall. 25 years in Asia was not Government led. On the contrary, it was the result of The attack on the United States of the efforts of CSOs only. This important America on 11 September 2001 (9/11) document was the Final Declaration had a similar unintentional, yet significant of the Regional Meeting for Asia of the effect on human rights development in World Conference on Human Rights. Asia. 9/11 not only divided the world, Known as the Bangkok Declaration, this after divisions from the Cold War seemed document was developed in preparation to have dissipated, but, for the human and as input for the World Conference rights movement more importantly, on Human Rights held in Vienna in 1993. resulted in Governments throughout the Not only did this document highlight region adopting new national security

106 policies and anti-terrorism laws. The are extra-judicial killings and enforced criminalisation of dissent, the repression disappearances. These horrific violations of minority groups and the securitisation were the reason that many organisations of society can all, to some extent, be and individuals became involved in the traced back to that unfortunate day in human rights movement. They were the 2001. original motivation for people to become HRDs. Unfortunately, recent years has On a positive note, many mentioned seen an increase of these violations in developments related to Information many countries in the region once again. and Communication Technologies (ICT) and the astonishing advances in social Similarly, the protection of socio- media, as of great importance to the economic, cultural and political rights human rights movement too. The tools was mentioned as a traditional human and possibilities now at the disposal of rights priority that has long been fought HRDs have changed the way the human for. Right to land, development, self- rights movement works and functions. determination, voting, but also the While by no means a purely positive release of political prisoners or the development, particularly when related freedom of speech have been among the to the new wave of digital security laws topics that inspired people to go out onto that many counties in the region are the streets for decades. imposing, the work of an HRD will never be the same again. At the same time, certain groups in society have long been organised and • Human rights priorities that changed consolidated to promote their specific the movement itself needs and interests, while at the same time these groups have changed Throughout the conversations and viewpoints and perspectives within the exchanges on developments that have human rights movement itself. been significant for human rights, people noted particular thematic priorities that The women’s movement has been have been important. A few of these very strong and active for a long time. issues have, in addition to being of great The mainstreaming of women’s rights importance for Asia as a whole, been key and gender perspectives has changed in changing the human rights movement the modus operandi of human rights itself. Either in its formation or in its organisations regardless of their focus. transformation. A further differentiation Noteworthy is that in countries that are can be made between those that have traditionally restrictive for women, you been a priority for a long time, and those find exceptionally strong women’s rights that have been relatively new. activists. While some of these women have gained international recognition Among those injustices and human and fame, it has, at times, been difficult rights violations that inspired the rise to shift this individual attention to of the human rights movement in Asia support for the broader women’s rights movement in Asia. 107 Indigenous people too have long been institutions affect the daily lives of people recognised as a group that deserves in an unprecedented manner. Some of particular attention from the Asian human these processes have been going on for rights movement. Their struggle has years, at times right under our noses, been strongly linked, while not limited, to making it necessary to wonder whether land. While arguably not as organised or maybe we should have shifted our consolidated as the women’s movement, attention to these developments much indigenous rights have been widely earlier. accepted as a priority issue across the human rights movement. Finally, a group that has been increasingly involved and vocal within the However, there was also mention of human rights movement is the lesbian, some issues and groups that have more gay, bisexual, transgender, intersex, recently come to the fore, and have and questioning (LGBTIQ) community. pushed the human rights movement to LGBTIQ people are rightfully calling self-reflect and transform itself. for the recognition of their particular struggle, needs and rights. Unfortunately, Environmental justice and rights of they still have a long way to go, even people affected or victimised by climate within the human rights movement itself. change have gained prominence as a Accepting them as a natural part of the human rights priority in recent years. human rights movement, will force some Undeniably these issues affect all other to re-evaluate their own norms and areas of human rights work, particularly values. the right to land, development or housing, as well as the fate of migrants • Moving forwards and backwards and refugees. While most issues or priorities will be of greater or lesser Many contributors described human importance for each HRD, global rights developments being like a tidal warming and climate change are, and wave. As achievements are won, will be for the foreseeable future, of achievements are lost. For every step crucial importance for us all. forward, there will be a step back. Some even warned for the need to be The role of corporations and businesses aware, when celebrating victories, of the in human rights was also recognised as likelihood of some form of backlash. a relatively new focus area. Traditionally HRDs and CSOs see Governments The 1990’s were generally described as and Inter-Governmental Institutions an era of opportunity and progress. The as their primary targets. However, the period still experienced violations and role of multinationals and global trade restrictions on human rights. However, is forcing the human rights movement the decade was perceived as one of to reprioritise with which stakeholders change and opportunity, in some cases it engages. Free trade agreements and in places where this was not expected. the impact of international financial This created a sense of hope and

108 possibility that inspired, energised and a prominent role in raising awareness motivated the human rights movement, about human rights violations in Asia even in countries where change was less over the last 25 years. These individuals evident. paid dearly for their sacrifice, in some cases the ultimate price, to make a Recent years though were qualified difference in their countries and the by most as a time of regression. Many region. commented that they did not only feel that human rights violations and A few became international icons, and the repression of rights were on the were recognised and awarded for their rise in the region, but that the current efforts on human rights. People like leadership in Asia generally speaking is Malala, Aung San Suu Kyi and Xanana not very pro-human rights. This makes Gusmao became symbols of the struggle the prospects for the future fairly bleak. for the realisation and protection of A few questioned whether some of the human rights in their respective countries progress that was made in the 1990’s and abroad. At times the expectations would have even been possible with the placed on them of what they could do current generation of leaders. and realise, proved to be too high.

Arguably, most problematic are those People such as Munir Said Thalib, developments that do not only violate Somchai Neelapaijit, Sombath and repress human rights but that Somphone and Irom Sharmila have restrict, complicate or make impossible become known for their sacrifices to the work of those fighting for human the human rights movement. This does rights. In particular policies and not mean that their work or the efforts legislation that are put in place across they made before they were killed, the region by both authoritarian and disappeared or started their hunger democratic regimes which is resulting strikes had no value. Yet their fame has in shrinking space for civil society are been defined by their sacrifices. These cause for concern. Restrictive non- individuals present a sober reminder of governmental organisations (NGOs) the many challenges HRDs face in Asia. laws and the criminalisation of dissent combined with the rise in extra-judicial These individuals both living and killings and enforced disappearances deceased represent the highs and limit the efforts of HRDs. lows of the human rights movement in Asia over the last decades. They have • Individuals that made a difference become icons but they remain humans. They are human beings that have been a Finally, all HRDs that played a role part of the journey that all HRDs in Asia in the fight for human rights over the have travelled, and they remain part of last decades need to be applauded the long road that still lies ahead. and celebrated. However, there have been particular individuals who played

109 110 ‘FORUM-ASIA has a dream, that our member organisations should be the leaders of the democratic movement.’

Subodh Raj Pyakurel Chairperson, Informal Sector Service Centre (INSEC), Nepal

111 112 Countless Shades of Grey IID and Asia-Pacific Coalition on East Timor (APCET) The story of civil society interpolation on human rights and right to self-determination in East Timor

By Initiatives for International Rebellion of 1910-1912 led by Dom Dialogue (IID) Boaventura. Although suppressed September 2015 marked the 16th with extreme prejudice, the rebellion anniversary of the military intervention of Liurais – traditional leaders – forced led by Australia into the Indonesian- the Portuguese to change the Timorese occupied East Timor. The deployment polity into tiny hamlets. Portuguese rule of a military force to intervene was was again challenged by a brief revolt by no means quietly accepted by all in 1959. In April 1974, the Carnation who wanted an end to the genocide Revolution in Portugal led to the collapse committed by Indonesia in East Timor. of the fascist Caetano regime and the By all means, the use of the term formation of a democratic political entity ‘genocide’ and the act of intervening that sought to end Portuguese rule over in an armed and political conflict, such its colonies. as what transpired in East Timor, was indeed controversial and would continue Political infighting among Timorese to generate debate. political parties led to a civil war even as Portugal started to withdraw from East The field of human rights advocacy is Timor. In August 1975, the armed conflict not immune from politics and is in fact between Frente Revolucionária de so ridden with controversy that any point Timor-Leste Independente (FRETILIN) of agreement is a welcome respite. The and The União Democrática Timorense Initiatives for International Dialogue (IID) (UDT) led to the collapse of the colonial is among many that continue to muster government structure and the breakdown like-minded forces who wish to continue of the decolonisation process. to advance the cause of human rights and national self-determination of the Indonesian occupation Timorese people, and liberate them from their colonial past. Indonesia took advantage of the political turmoil and began armed raids into Portuguese colonial rule East Timor. Seeking to pre-empt the Indonesian intervention, FRETILIN made Portuguese colonial rule in East Timor a unilateral declaration of independence started to unravel with the Great on 28 November 1975. Leaders of UDT 113 and Associação Popular Democrática – who had taken over power from Timorense (APODETI) countered with Suharto after he was forced to step the Balibo Declaration two days later down – sudden decision to put to a vote on 30 November, paving the way for the fate of East Timor’s independence the Indonesian invasion on 7 December was not an act of magnanimity, but was 1975. Thus began the toll of Indonesian spurred by a desire for political survival occupation in East Timor. It was as following the collapse of Suharto’s grip if 400 years of Portuguese neglect on power. The military and financial was an insufficient insult. Indonesian cost of maintaining its control over East condescension turned East Timor into a Timor strained Indonesia’s international zone of reticence where acts of genocide standing, and threatened to isolate went unnoticed. Habibie and his ilk who were embroiled in an ongoing political crisis. The Indonesian occupation left 200,000 Timorese dead. Countless victims were Under the threat of further becoming subjected to rape, looting, enforced an international pariah and reeling from disappearances, torture, massacres, internal political strife, Indonesia was mass starvation and other criminal acts. forced to acquiesce to a referendum to In the overall scheme of things, only a peacefully settle the question of East few really minded the extreme sufferings Timor’s independence. The Timorese the Timorese people were subjected to. people overwhelmingly voted for Not unlike other acts of intransigence independence. Indonesia landed among towards international mores, Suharto’s the lot of defeated colonial rulers. While Indonesia left at least a quarter of the many post-colonial political entities population dead and the rest of the have degenerated into failed states, nation broken down to their soul. East Timor continues to flourish, albeit having to undergo the birth pangs of Referendum for Independence nation and state building. East Timor survived the post-conflict destruction left In the mid-1990s, the Suharto by Indonesia, the internecine madness dictatorship in Indonesia began to of 2006, transitioned to a struggling decline. Suharto’s grip on political power democracy, and appears to be moving was eroded by the confluence of the towards stability. 1997 financial crisis and the student led protests that facilitated the emergence of The international campaign a viable political opposition to the status for self-determination quo. It may be argued that Habibie’s fateful In East Timor, both the open mass decision was a product of events not movement and the armed opposition of only within Indonesia’s political milieu. the Forças Armadas para a Libertação A dogged international campaign to Nacional de Timor-Leste (FALINTIL) shame Indonesia, as well as to spur into were getting bolder. President Habibie’s action regional and global powers, such

114 as Australia and the United States, was conundrum. But to this day, RSD remains being waged. a subject of debate.

For its part, IID anchored a campaign In 2013, the United Nations General on the call for respect of the Timorese Assembly (UNGA) concluded that ‘the people’s right to self-determination right to self-determination was an integral (RSD). Then and now, RSD is a constant element of basic human rights and source of conceptual and political fundamental freedoms (..)’.42 Responding debate. R. Lansing once lamented that to the Israeli representative, the ‘the phrase self-determination is simply Palestinian observer declared ‘the right loaded with dynamite. It will raise hopes to self-determination belongs to all, and which can never be realized.’ This is no does not come after negotiations.’43 In easy retort because indeed, the concept sum, that statement captured the clarion and practice of RSD is fraught with call around which a broad civil society issues such as secession, redrawing coalition was formed to accompany the political boundaries, and building nation- success of the East Timorese diaspora. states or states within states as in the case of the ongoing peace negotiations The Asia-Pacific Coalition for in Mindanao. East Timor (APCET)

IID argued for the moral justification of Between 1992 and 1993, IID led a series the Timorese people’s RSD. By doing of caucuses among advocates and so, the campaign was not hemmed-in by solidarity groups, including FORUM- the inconsistencies of formal political and ASIA, held during regional meetings diplomatic decision-making nor by the of civil society organisations (CSOs) interpretation of principles of international which led to the convening of the Asia- law. IID argued for the moral case of Pacific Conference on East Timor in East Timor’s RSD on the basis that May 1994 in Manila. The conference international law, which set the standards rattled leaders of the Association of for international relations, must be Southeast Asian Nations (ASEAN), such derived from and should be interpreted as Presidents Ramos and Suharto. The on the basis of sound moral principles. controversy surrounding the meeting generated so much media attention that Furthermore, the immutable relationship it galvanised solidarity groups for East between RSD and basic human rights, Timor worldwide, especially in the region, where both strengthen the other, was as well as focused public opinion on emphasised. More often, RSD is tagged Indonesia’s illegal occupation of East as a secessionist tool. Advocates are Timor. seen as walking on the precipice of violent resistance, whereas human rights After the Manila conference, participating advocates are the ones advocating groups and individuals rightly saw and non-violent resistance. That may be a seized the opportunity to move beyond rather simplistic view of the conceptual generating talking points and shifted

115 forward. The Asia-Pacific Coalition for of resolutions and action points that East Timor (APCET) was established. came out of the conferences. Three more regional conferences were organised by APCET as a vigorous APCET was a point of convergence for regional and global campaign was the various solidarity groups for East launched in support of the Timorese Timor and helped in the capacity-building people’s struggle. APCET’s final of the nascent East Timorese civil conference was held in Dili, East Timor in society. Through the partnerships built May 2004. among its affiliates, political mapping was facilitated, which was crucial in Gains and challenges identifying potential allies and threats. The constituency built during the inter- regional networking played an important APCET galvanised the cooperation of role, presenting a united front necessary majority of the solidarity groups and to impact the United Nations (UN). individual organisations supporting the struggle of the Timorese people. The periodic conferences were occasion Composed of diverse groups of national, for the affiliates to organise partnerships, regional and international origins, share resources and information, and APCET was able to exercise flexibility propose joint solidarity action. Moving and creativity. The broad nature of the the conference in the various ASEAN- coalition enabled it to propose a broad member countries’ capitals impacted on policy agenda and allowed its affiliates the policies of these countries on East to focus their respective activities on the Timor. Consequently, world attention was political and economic conditions of their focused on APCET. This, in a sense, was own regions relative to the situation in a serious drawback because the main East Timor. intent of the coalition was to highlight the struggle of the Timorese people. But the loose nature of the coalition had its drawbacks. The specific campaigns of its affiliates lacked a common objective. From APCET to APSOC There were no common indicators and measures of success to the campaigns After the euphoria of East Timor’s of its affiliates. Although resolutions declaration of independence, the broad were passed, the short duration of these coalition of CSOs under the (APCET) conferences precluded the possibility struggled to redefine its role in the of strategic planning. Inconsistent context of post-conflict East Timor. attendance of members of the APCET Council and Steering Committee made 42 United Nations Press Release, ‘Self- it difficult to draft coalition-wide plans Determination Integral to Basic Human Rights, of action. Originally conceived as a Fundamental Freedoms, Third Committee Told as It Concludes General Discussion’ (5 November communications and coordination hub, 2013) GA/SHC/4085. the coalition secretariat ended up being tasked themselves to lead the realisation 43 Ibid. 116 Attempts were made to adapt APCET Initiatives for International Dialogue first into the Asia-Pacific Cooperation (IID) for East Timor, then into the Asia- Pacific Solidarity Coalition (APSOC) to The Initiatives for International Dialogue learn from the struggle for East Timor (IID) is a Philippines-based advocacy independence and apply these lessons institution established in 1998 promoting in other RSD struggles. human security, democratisation and people-to-people solidarity. IID APSOC focused on the RSD struggles conducts policy advocacy and campaign in West Papua, Southern Thailand and programmes on Burma, Mindanao, Aceh. But these campaigns lacked the Southern Thailand, West Papua, and traction needed to create a significant East Timor. regional impact. Although in Southern Thailand a nascent local coalition was IID is the secretariat of the Asia-Pacific organised, the vibrancy and strength Solidarity Coalition (APSOC), the Global achieved by a civil society coalition Partnership for the Prevention of Armed fighting for RSD in East Timor has yet Conflict – Southeast Asia (GPPAC-SEA), to be equalled. APCET also missed the and the Free Burma Coalition (FBC) opportunity to become a major player –Philippines. IID is also a co-founder during the nation and state-building and steering committee member of the process in East Timor. Alternative ASEAN Network for Burma (ALTSEAN-Burma) and the World Forum In hindsight for Democratisation in Asia (WFDA); and a working group member of the Burma Partnership (BP). In hindsight, APCET may have spread itself too thin when it decided to reconstitute itself as APSOC and to focus on peacefully campaigning for all RSD struggles in the region. One can speculate that maintaining APCET and focusing on advocating for a people- centred reconstruction in East Timor (Cooperation) may have preserved its strength as a coalition. It could also have ridden on its success and concentrated on a single RSD campaign. But such are the vagaries of public advocacy. The opportunities are limitless and the challenges endless, like countless shades of grey.

***

117 118 ‘FORUM-ASIA (..) has also provided a space for people and organisations working on different themes to come together (..) this is how we must work. We can’t be confined to just our own issues.’

Consuelo Katrina (Corinna) A. Lopa Regional Coordinator, South East Asian Committee for Advocacy (SEACA)

119 120 Informed People are Powerful The story of the Access to Information Campaign in Mongolia

By Naranjargal Khashkhuu, President In 2002, in cooperation with Article and Chief Executive Officer (CEO), 19, a London-based international Globe International Center (GIC), free expression non-governmental Mongolia organisation (NGO), the Globe International Center (GIC) released It was late September 2013 when I a report, ‘Mongolia in Transition: A was leaving Tes soum in Uvs province, Legal Analysis Affecting Freedoms of located 1,500 kilometres from Expression and Information’. The main Ulaanbaatar, the Capital of Mongolia conclusion was that: ‘A key problem that borders with the Tuva Republic of in Mongolia is the lack of openness of the Russian Federation. It was the last public bodies.’ 44 of 20 districts where we had conducted trainings for local communities on using Despite Constitutional guarantees, the the Access to Information Law. It was the old traditions that made it possible for culmination of seven years of advocating virtually anything to be classified as and lobbying to get this law passed. ‘secret’, and hidden from the public for an indefinite period of time, were One of the trainees had said that the kept. It contradicted the spirit of the right to information is an important right Mongolian Government’s commitment in one’s life and that it can truly change to democracy. It was a question of local cultures. Yes, indeed. It was a political will. To enable a culture change, social need, which was why we started which required fundamental reforms our campaign in the first place. in Mongolia, from a closed to an open society. The public had no idea that they The importance of the right to had the right to access information held information by the Government. Politicians, and even journalists, understood Freedom Mongolia, a country completely of Information as the same thing as landlocked between Russia and China, press freedom, and as such it was only a embraced democracy in 1990, after journalist’s professional right. the collapse of 70 years of communist rule under the Soviet Union. The 1992 democratic Constitution made remarkable progresses in guaranteeing its citizens many rights and freedoms, including the Freedom of Expression (FoE) and the right to seek and receive 44 http://www.forum.mn/res_mat/A19%20Analyses_ information. eng.pdf. 121 Starting the campaign: Assessment of the situation was Assessment, Awareness and highly important in order to identify Access public concerns and needs. After completing our legal analysis, we decided to conduct three studies. First, At GIC, we believed that access to we studied all existing Government information legislation would play an policies, programmes and projects, important role in making the Government when we noticed there was a lack of more transparent and open to its policies on transparency and access citizens. With this in mind, we developed to information. A National Program on a strategy for 2002-2004, and started Good Governance for Human Security, raising funds for a newly established run by the Ministry of Justice and Home strategic programme entitled ‘The Right Affairs (MJHA) and funded by the United to Know: Freedom of Information’. Nations Development Programme (UNDP), was the only policy document Our key concept was that access to that we could refer to. One of its information was essential to the health objectives stated: ‘to study opportunities of a democracy for two reasons. First, it to draft a freedom of information law’. ensures that citizens make responsible, We immediately approached the informed choices rather than acting out MJHA and effectively cooperated with of ignorance. Second, information serves them to achieve our results. Second, as a ‘checking function’, ensuring that we researched related international elected representatives uphold their documents. Third, we conducted a oath of office and carry out the wishes of survey among public officials and those who elected them. citizens. We managed to secure about 50,000 Regarding Access, we identified our USD from the Mongolian Foundation stakeholders. On a political level, we for Open Society (currently the Open selected our three champions: Mr. N. Society Forum, Mongolia), Australian Enkbold, Member of Parliament (MP), Aid (AusAID) and the Embassy of the who provided a reference letter about our United States of America (USA). Our first project to AusAID; Ms. S. Oyun, MP, who 12-month project, ‘The Right to Know: had initiated anti-corruption legislation; Freedom of Information’, started on 15 and Mr. Ts. Munkh-Orgil, State Secretary June 2002. of the MJHA. Later, more MPs were engaged as potential initiators of the law The strategy had the immediate and to be drafted. We also engaged public ambitious goal to lobby for the passage officials and top managers. of the Freedom of Information (FoI) law through a wide public campaign, based The creation of the legal environment, in on an approach called, Assessment, our view, was not only dependant on the Awareness and Access. existence of relevant laws, but also on legal implementers. We needed lawyers

122 to defend the right to information, forming two groups: an Advocacy Group; Government officials charged with the and a Law Drafting Group. duty to implement the law, and finally, people to use the law in practice. We The Advocacy Group consisted of selected journalists who were part of six NGOs that we trained. A series of an active group to use the law to gather meetings was organised to discuss the information on behalf of the public. Media project plan and policy issues, such as also played a dual role in informing and the legal concept and who we should educating the public. We selected NGOs approach to be a law initiator, and so to form an active group to share and on. The Law Drafting Group consisted disseminate knowledge and information of five members: our three lawyers and among their target groups, and to two representing the MJHA and the Zorig become a strong joint voice for society. Foundation, a Mongolian NGO.

Awareness building started with the After six-months of preparations publication of a handbook for legislators, and policy work, the first event was ‘The Right to Know: Freedom of organised. A meeting with eight leading Information’, which included international lawyers from Mongolia was held on documents such as a Model FoI Law; 13 December 2002. At this event, ‘Principles on Freedom of Information we delivered our legal concept and and Drafting Access to Information principles of the FoI draft law. Four days legislation: Trends in CIS and Central later, we organised the first round table, and Eastern Europe’, prepared by in cooperation with the Parliament, which Article 19; ‘Freedom of Information. An was held at the Government House. Mr. Unrecognized Right: The Right to Know J. Bayambadorj, the Deputy Speaker, and the European Union’; a UFJ Briefing delivered opening remarks, of which the Document; the Johannesburg Principles text was kindly requested to be written on FoI45; and a ‘Statement Regarding by me. He delivered the whole text, Key Issues and Challenges in Freedom as written, except for one sentence: of Expression’.46 ‘Information is the oxygen of democracy’. Mr. N. Enkhbold, an MP, spoke on the Of course, our direct target was the need of FoI legislation in Mongolia. The people of Mongolia. Our stakeholders round table was a success, with the were groups that could influence the participation of 67 of our stakeholder public to seek and request information 45 from Government bodies, demand Article 19, (1996), ‘The Johannesburg Principles on National Security, Freedom of Expression and accountability of authorities and officials, Access to Information’, London, England, https:// and, most importantly, make the public www.article19.org/data/files/pdfs/standards/ understand that information produced joburgprinciples.pdf. and held by Government bodies is public 46 Article 19, IFEX, (2000), ‘Report on key issues property. We needed to raise awareness and challenges facing freedoms of expression’, of all the identified stakeholders. We https://www.ifex.org/international/20003/07/ carefully planned our activities by report_on_key_issues_and_challenges/.

123 present including 18 out of 76 MPs. Freedom of Expression; the Right to It was frustrating though that every Know and Right to Vote; the Right to discussion turned to media freedom Know and Right to Direct Participation; issues, including yellow journalism, and the Right to Know and Right to Act, journalistic ethics and defamation, which were all widely distributed. and more. However, each media issue raised by a participant, allowed us to Since 2003, the situation had changed. give a detailed explanation that it was The Government pledged to adopt about more than that. We published a the FoI law and to integrate it into the comprehensive round table report and National Programme on Combating the event was widely covered by the Corruption, which had been adopted on media. 15 March 2003. The Government also promised to ensure transparency, and Public awareness was an important adopted relevant laws in the Ulaanbaatar element of our campaign, so we Declaration, the final document of the developed an information dissemination Fifth International Conference of New policy through our media allies. The or Restored Democracies (ICNRD). public was educated on their right to A conference which was held in information through video spots, fliers, Ulaanbaatar on 8-12 September 2003 which were delivered to newspaper and was attended by more than 500 readers as a supplement, as well as two delegates from 119 countries. television ads, four radio programs and 16 newspaper publications. Journalists Meanwhile, the MJHA formed its played a key role in the media rallies, as Working Group in 2004, and it accepted couriers of our messages to society and the first version of the law drafted by educators of the people. the Advocacy Group. It was on the Parliament’s agenda to be discussed in In 2003, we conducted a series of October 2005. It was delayed. After a trainings and workshops for human rights year, in October 2006, the Cabinet finally workers, law advisers and district social discussed the submission of the draft workers, as well as for journalists. law. The submission was then postponed in order to include information- The end of the first project security issues. At the same time, the and pledges from the Government was still using secrecy Government laws to conceal information, ignoring its pledge to ‘provide the citizens with the right to access all information’ and the Our first project ended in June 2003, and Anti-Corruption laws that guaranteed we then secured funding from AusAID ‘transparency to the public’. for a project that allowed us to launch the Freedom of Information website.47 We published five Citizen Guidebooks: 47 http://www.globeinter.org.mn/mech/index. the Right to Know and Freedom of php (Mongolian) http://globeinter.org.mn/old/en/ Information; the Right to Know and emech/index.php (English). 124 In March 2004, we organised an Northern Ireland, allowed us to continue international round table ‘Secrecy our campaign. In December 2008, GIC and Freedom of Information’ in the invited ten Mongolian NGOs to create conference hall of the Ministry of Foreign a Civil Society Coalition to lobby for the Affairs. At that time, Mongolia was FoI law. An Opinion Exchange Meeting visited by guests from five countries who with MPs was held on 11 March 2009. came to work with the State Archive on The Parliament Office kindly responded open archives. We wanted to use this to our request and secured Conference opportunity for our purposes, and the Hall ‘E’ for four hours at the Government Asia Foundation helped us to make it House. possible. This time, we decided to change the In 2005, we decided to re-name meeting format and we produced single our program, ‘Promoting Good and copies of 18 A3 posters referring to the Transparent Governance’. We needed pledges of the Mongolian Government to build Government capacity and to to enact the FoI Law, the UN Assembly create political will. The year 2005 was Resolution No. 59 on the FoI, and results important, with new anti-corruption laws of surveys and studies carried out by being adopted and a plan on the table our organisation. We also produced to establish an Independent Agency t-shirts and mugs with the message, against Corruption (IAAC) in 2006. We ‘Freedom of information is an essential saw the IAAC as our key and permanent human right’. We wrote a so-called ‘Trust partner in intensifying our advocacy. In Message’ delivered to every MP. And we April 2007, the IAAC issued 18 articles started sending messages and e-mails of recommendations to Governmental to the MPs asking them for a meeting at organisations aimed at improving their convenience. transparency and access to information. When the people came, even if it was Changing the approach only one person, we gave them a tour showing the posters and explaining the Following World Press Freedom Day story behind each one of them. A total (WPFD) on 2 May 2007, MPs S.Oyun, of 61 people joined, including 20 MPs S.Batbold, E.Bat-Uul, S.Lambaa, and and four advisers of other MPs, as well Ts.Munkh-Orgil submitted their draft law, as officials from the Parliament Office, but it was delayed again in Parliament. In Parliamentary Standing Committees, the 2008, after the Parliamentary elections, Parliament’s Research Centre and the a new Government pledged to adopt Parliament’s Group of the Democratic the Law on FoI in its Government Action Party, legal consultants from different Plan for 2008-2012. Ministries, NGO representatives and 15 Parliamentary journalists. As a result, Our new 12-month project, ‘Better nine MPs agreed to join the law initiating Access to Curb Corruption’, supported group, six MPs agreed to support the law by the Embassy of Great Britain and and five MPs promised to respond after

125 getting acquainted with the existing draft. the existence of the law. So, we chose 20 remote districts of eight provinces as On 28 April 2009, Parliament formed targets to start working on this though its Working Group and I was invited as a United Nations Democracy Fund a consultant. In 2010, the Government (UNDEF) grant. draft law on FoI was submitted to Parliament. It was delayed again. One problem was that a procedure on However, on 14 May 2010, the payment, as stipulated in the law, was Government approved its Resolution No. not adopted by the Government. We 143 titled, ‘Transparency Indicators of had to lobby a new Government, formed Public Institutions’, which obliged public after the 2012 elections, to have this bodies to make information on their corrected. activities, finances and budgets, and procurement and human resources open Secrecy laws are far too strict, allowing to the public. It created momentum to Government bureaucrats to prevent move ahead and, having this Resolution, citizens and media from obtaining access we went to two provincial districts: to many documents, even when it is Bayankhutag of Kenthii province and clearly not justified. Often the secrecy Guchin Us of Uvurkhangai province covers up corruption and bribery to train citizens and public officials on that flourishes in many parts of the FoI. We built the capacity of ordinary Government. citizens to monitor the implementation of the Resolution. We helped Governors’ As any NGO, we lacked sufficient Offices in launching their websites to funding and we sometimes had no disclose public information. money, but we never stopped. We were keen to continue our efforts to promote The passage of the law access to information and to make our people powerful. I recall that one of our In January 2011, Parliament made a Citizens Transparency Monitoring Team decision to enact the law, and in April a members said: ‘Now, I believe citizens public hearing was organised, which we are powerful’. Informed people are truly attended as a key partner. One of the powerful. That is our key message. law initiators, Mr. Batbold Sukhbaatar, became Prime Minister and thanks to I would like to take this opportunity to his efforts, finally, on 16 June 2011, the express my deepest gratitude to Mr. Toby Parliament of Mongolia passed the Law Mendel, Executive Director of the Center on Information Transparency and Right for Law and Democracy, who has been to Access to Information. so committed in helping us for all these years, lobbying the MPs and providing In the following two years we tracked expertise on all the existing drafts. the law’s implementation. Unfortunately, the Government did not promote the law and the public was still unaware of ***

126 Naranjargal Khashkhuu, President and CEO, Globe International Center (GIC)

Naranjargal Khashkhuu is one of the founders of the leading Mongolia NGO, Globe International Center (GIC), a FORUM-ASIA member organisation. Her major fields are independent and democratic media, including: election coverage; public service broadcasting; television journalism; journalism and society; human rights; gender reporting; and the right to information. She is a former Executive Committee member of the International Federation of Journalists (IFJ).

Naranjargal had been lecturing at the State University of Mongolia, the University of Humanities, the Press Institute and the School of Radio and TV. She has produced more than 300 television programmes and has translated more than 30 television movies and documentaries into Mongolian from Russian and English. She has written four television dramas and two plays, including one for which she was awarded the Leon Prize for Best Play in 2002.

127 128 ‘Human rights activism is something that you have to learn on the job by doing. (..) until you jump into the water and try to learn swimming you can’t learn.’

Ruki Fernando Advisor, INFORM Human Rights Documentation Centre, Sri Lanka

129 130 not Shortly after Somchai’s disappearance, five police officers were arrested and FORGOTTEN prosecuted for their alleged involvement. Four of them were acquitted and only One of the most heart wrenching one of them received a three-year-prison human rights violations is without a sentence. The specific circumstances doubt the enforced disappearance of of Somchai’s case are still unclear. It is people. Not knowing what happened, unknown where he is now. not knowing whether someone is still alive, is devastating for loved ones. It is Somchai was the Chairman of the unimaginable what it must be like for the Muslim Lawyers Group, and Vice- victims themselves. Chair of the Human Rights Committee of the Law Society of Thailand. The stories of two prominent people who Besides his work on justice for Muslim have disappeared in the last 25 years suspects accused of terrorism and are below. Their stories are a reminder treason, Somchai was an open of this most terrible practice, and an critic of state officials for the use of attempt to honour both them and all excessive and unnecessary violence those who have or are experiencing a in law enforcement. At the time of his similar faith. They will not be forgotten. disappearance, he had collected 50,000 signatures, from across Thailand, for a Somchai Neelapaijit petition in support of putting an end to martial law, which was imposed in 2004, Somchai Neelapaijit is a Thai human in Thailand’s Southern Provinces. rights activist and lawyer, who defended the rights of suspects accused of security charges. At the time of his *** disappearance, he represented five members of Muslim communities in Sombath Somphone Thailand’s Southern provinces Songkhla, Pattani, Yala and Narathiwat, who were Sombath Somphone is a Laotian accused of being involved in terrorist development worker who is widely activities in the South. known for his support of the rural poor community in his country, particularly Shortly after publicly accusing the when it comes to farmers’ rights and police of torturing his clients in prison, sustainable farming practices. Shortly Somchai disappeared on 12 March 2004. before his disappearance Sombath According to eye-witnesses he was criticised the Lao Government about forced into a car by a group of individuals land sales, and emphasised the need on Ramkhamhaeng Road in Bangkok, to respect people’s land ownership over after which he has not been seen again. national interests for economic growth.

131 Sombath disappeared in , Laos, on the evening of 15 December 2012. His abduction was recorded by a police surveillance camera (CCTV). He was heading home in his jeep, when, as the CCTV footage shows, he was stopped by the police and taken away. The Lao Government authorities have denied they were in anyway involved in Sombath’s disappearance, and claim that the police is still investigating what happened to him. Even though many countries have offered to help in the investigation, the Government has refused to accept any assistance.

Sombath received various awards for his empowerment of the rural poor in Laos, such as the Human Resource Development Award from the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP). He was also awarded the Ramon Magsaysay Award for Community Leadership.

Recently, in May 2015, Sombath received the 2015 Gwangju Special Award for Human Rights, which is given to individuals or organisations who have made significant contributions to the advancement of human rights, unity, solidarity and world peace.

132 On the Frontline Defending Human Rights in Bangladesh The story of the persecution of Adilur Rahman Khan and Odhikar

By Odhikar, Bangladesh mainly through the Information and Communication Technology Act of ‘Our lives begin to end the day we 2006 (ICT Act), for criticising the Prime become silent about things that matter’ Minister or her family members in Martin Luther King, Jr. print and electronic form. Moreover, defamation and sedition charges are Oppressive States act against human brought against persons for commenting rights defenders (HRDs) and their on the Government by using repressive organisations in various ways, such as: laws. arbitrary arrest and detention; physical attacks; harassment; intimidation; smear Interestingly, when the Leader of the campaigns; and continuous surveillance Opposition is criticised, the Government of their activities. The repressive and its law enforcement agencies remain approach of the State is also reflected silent. This shows that defamation laws in its law enforcing apparatus, which is and the provisions of the ICT Act are unleashed to harass those who speak being used selectively. Many people, against the Government. Such course including HRDs, journalists, bloggers and of action indicates that in such States, teachers have been charged under these only those receiving the blessings of the repressive laws. The case of Advocate authorities can work free of hurdles while Adilur Rahman Khan is a blatant the rest remain in a risky environment. example of the victimisation of HRDs through State oppression. Restrictions on Freedom of Expression Standing up for human rights

In Bangladesh restrictions on Freedom Adilur Rahman Khan is a practicing of expression (FoE) are becoming lawyer of the Supreme Court of increasingly severe, and such freedom Bangladesh, as well as a prominent seems only allowed to those who are human rights activist. He is a founding ideologically and politically close to the member and, at present, the Secretary regime. Pro-Government media are used of Odhikar, a leading human rights to defame any opposition and to carry organisation in Bangladesh. He has out smear campaigns against persons been actively engaged in defending the who have alternative beliefs. human rights of the Bangladeshi people both inside the court room and in public, Cases are launched against dissenters, and is active in the Asian region through 133 participation in various programmes and dark, as street and building lights went through election observation missions. off. A ‘cleaning operation’ was being carried out by a combined force of police, Adilur has faced numerous challenges the Rapid Action Battalion (RAB) and and impediments during his human rights Border Guard Bangladesh (BGB). activism by state actors as he is extremely vocal with regard to denouncing the The ‘operation’ continued through the practice of extra-judicial killing, enforced night of 5 May and the early morning disappearance and torture, and the of 6 May. At around 2:00 am on 6 May, inhuman and degrading treatment by law pro-opposition owned television channels enforcement agencies. He was targeted airing the incident were shut down by the by the current Government for being Government. vocal against human rights violations in many national and international forums, After the incident, on receiving including the United Nations Human information of the extra-judicial killings Rights Council (UNHRC). that occurred on 5 and 6 May, Odhikar conducted a thorough fact finding 5 and 6 May 2013 mission and released a fact finding report on 10 June 2013 on the human On 5 May 2013, a non-political religious rights violations perpetrated, verifying group called Hefazate Islam held a ‘Dhaka 61 deaths. The Government, however, blockade’ at all the entry points to Dhaka claimed that there had been no to highlight their 13 point demands. Later casualties. This claim was later adjusted that day they organised a rally at Shapla to 13 casualties. Odhikar was the only Chottor in the Motijheel area. They were human rights organisation that carried given permission to hold that rally by the out an in-depth fact-finding mission into Government, who had allowed them to this matter and published the report on hold a similar rally the month before. its website in Bangla and English.

From the morning of 5 May, hundreds The disappearance of Adilur of supporters of the Hefazate Islam began gathering. Many were physically On 10 July 2013, the Information Ministry assaulted, hurt and injured by the police sent Odhikar a letter, asking for the and activists of the ruling political party, names, family names and addresses of the Awami League. There were reported the 61 deceased people. Being a human incidents of vandalism and arson too. rights organisation, Odhikar informed the Ministry, by a letter dated July 17 2013 Late in the evening of 5 May, the addressed to the Information Minister, Government decided to clear the Hasanul Huq Inu, that it would give the Montijheel Shapla Chottor area of the list of the deceased people only to an Hefazate Islam supporters. At around independent inquiry commission, if one midnight, the area where the Hefazate would be formed, since the Government Islam supporters were gathered became was the alleged perpetrator. The Ministry

134 did not reply or react to Odhikar’s letter. in the custody of the DB Police.

It was 10 August 2013, the second day However, between midnight and 2:00 of the Eid festival. Adilur had visited am, Adilur’s wife went and waited at the relatives together with his wife and DB Headquarters and Gulshan Police children to exchange Eid greetings. At Station, with Adilur’s cousin, where 10:20 pm, when they were returning the officers they spoke to denied any home, they passed a white microbus knowledge of the incident. full of men parked on the side of their unusually dark street. As soon as Adilur At 2:30 am on 11 August, Adilur’s wife drove into the driveway of the house, returned to Gulshan Police Station to another white microbus and a Pajaro file a General Dairy (GD) about the jeep blocked the gate and approximately abduction, but police flatly refused to 10 men exited the microbus and accept it. The Officer-in-Charge said it gathered around Adilur. was a ‘sensitive issue’ and they were under instructions from ‘high up’ not to They had no warrant and no accept any GD. identification. They said they belonged to the Detective Branch (DB) of the Police. Support from abroad They took him away in the microbus, bearing the name and logo of United The urgent alert did work and reached Commercial Bank Limited and license Adilur’s and Odhikar’s friends, well- number Dhaka Metro 534206. wishers and networks of HRDs around the world. Many international As Adilur was picked up by men who organisations and Embassies came did not show any form of identification, forward to demand a confirmation of his family was unable to confirm where the whereabouts of Adilur, and issued he had been taken. His family searched several urgent appeals and statements for him in the Gulshan Police Station to the Bangladeshi authorities. – the local police station – and at the Headquarters of the DB of the Police, Amongst the statements issued for Adilur where they were met with denials, were those from the United Nations, the despite the television channels reporting Department of State of the United States that he had been arrested and taken to of America and the European Union. the DB Office. The speedy intervention from various quarters of the world helped to prevent After sending out an urgent alert at 10:40 Adilur from being a victim of enforced pm, Odhikar’s defenders and Adilur’s disappearance, and the law enforcers family held a press conference at 11:30 were compelled to produce him before pm that same night, which was aired on the Court. almost all television channels. After that, they came to know from the late night In the afternoon of 11 August 2013, Adilur news and other sources that Adilur was was produced before the Magistrate’s

135 Court and initially shown as arrested Elan, who voluntarily appeared before under the grossly misused section 54 of the court in September and was sent to the Code of Criminal Procedure – which jail custody from there. The persecution allows police to arrest person’s without and framing of charges against Odhikar a warrant for several reasons, based was simply a repressive measure to stop on whether the police have ‘reasonable any further investigation into claims of suspicion’. deaths and injuries during the incidents of 5-6 May 2013. He was taken into police remand, which was challenged in the High Court the The ICT Act of 2006 and its very next day. The latter ordered that he amendments be taken into jail custody and that the police would question him there. On 11 It has to be mentioned that the ICT Act August 2013, at 8:30 pm, the DB police of 2006, which was amended in 2009 raided the Odhikar office and confiscated and 2013, has become the primary two Central Processing Units (CPUs) repressive instrument in the hands of and three laptops, which contained the Government to repress and silence sensitive and confidential information opponents and dissenters. and documents relating to victims of human rights abuses and their families. The Law was originally introduced in 2006 during the BNP led Four-Party A few days later, the police submitted Alliance Government, and was first a charge sheet, which provided that amended in 2009. On 19 August 2013, Adilur Rahman Khan had been charged the Cabinet approved a draft of the for crimes committed under the ICT Act second amendment of the ICT Act, of 2006 – which had been amended strengthening its repressive purpose in 2009 – for fabricating information through the amendment of sections and pictures concerning violence at 54, 56, 57 and 61. The amendments a Hefazate Islam gathering in Shapla increased the length of punishment, Chottor, Dhaka in May 2013, and thus making offences non-bailable and creating public panic and belittling the cognisable. State and the police. The reason for Adilur Rahman’s arrest The charges were based on the fact on 10 August 2013 was known on 11 finding report titled ‘Assembly of August, but it was not known under Hefazate Islam Bangladesh and Human 48 which amendment of the law. The police Rights Violations’ prepared by Odhikar submitted the charge sheet – end-of- regarding the human rights violations, in investigation report – to the Magistrate particular, the allegations of extra-judicial 48 killings that erupted on 5-6 May 2013, Odhikar, (2013), Assembly of Hefazate Islam Bangladesh and Human Rights Violations, Dhaka, which was uploaded on the Odhikar Bangladesh http://odhikar.org/assembly-of- website. Also charged with Adilur was hefazate-islam-bangladesh-and-human-rights- the Director of Odhikar, ASM Nasiruddin violations/.

136 long after 19 August, without informing application to seek Division, failed to the defence. It was only then that it was reach him in jail from the Commissioner’s learnt that he had been charged under office. Incidentally, he saw the said the 2009 amendment. affidavit on the Jail Superintendent’s table when he was leaving Kashimpur In the Magistrate’s Court, the Public Jail on bail, in October. Prosecutor, Abdullah Abu asked for ten days remand for Adilur Rahman Khan, Support and fear while his lawyers asked for bail, as he had been arrested before the 2013 The case was monitored by several amendment, and thus his arrest under foreign Embassies in Dhaka, including Section 54 was still a bailable offence. the European Union, the Dutch The Magistrate, Amit Kumar Dey, denied Embassy, the Swedish Embassy, the bail and ordered that Adilur Rahman French Embassy, the British High Khan be taken into remand for five days. Commission, the German Embassy, and more. The diplomats and representatives On 12 August 2013, Adilur’s lawyers from these Embassies had visited the moved a Writ Petition in the High Magistrate Court and the Cyber Crimes Court Division of the Supreme Court Tribunal to observe the hearing and of Bangladesh, challenging the order trial process of Adilur Rahman Khan of remand and its unconstitutionality. as and when he was produced before The Judges declared the remand illegal the court. This did not hold well with the and ordered police to send Adilur to jail Government, that tried and failed to stop custody. Any further questioning by the the presence of foreign trial observers. police would be done at the jail gate- house. HRDs, who were associated with Odhikar, across the country organised On 13 August, Adilur was brought to the protest meetings, rallies and human Magistrate’s Court from the DB office chains in many districts of Bangladesh, to be sent to jail. His lawyer made an asking the Government to release Adilur. 49 Application for Division to be granted to Some friends and well-wishers opened him, given his social standing, profession a Facebook page titled ‘Free Adilur and education. However, the Magistrate Rahman Khan’. did not accept the application. Adilur was then taken to Dhaka Central Jail and, No forefront human rights NGOs and three hours later, to Kashimpur Jail-1 in civil society organisation in the country Gazipur. stood beside Adilur Rahman Khan and his organisation Odhikar, although The High Court granted him Division some individuals of a few organisations status on 2 September 2013 via a 49 ‘Division’ is a privileged prison category. Inmates petition that had to be filed by his wife, are given a separate, single cell with a table and as petitioner, as the affidavit allowed him chair, where they are allowed to wear their own to appoint a lawyer on his behalf, in the clothes and get food from home. The Division block is a separate block of cells. 137 expressed their solidarity and protested the Tribunal used delay tactics to stall the arrest of Adilur. The possible the handing over of certified copies of reasons of such silence could have been the prosecution report and supporting reluctance to engage in a fight with the evidence to Adilur’s lawyers. Government that might be harmful for their own organisations or fear that they His bail application was rejected three may face the same consequences as times by the Lower Courts, although the Adilur and Odhikar. offence was a bailable one. Finally his lawyers were able to file a bail petition in Charges and hearings the High Court Division and Adilur was granted six month’s interim bail by the On 4 September 2013, Adilur Rahman High Court Division on 8 October 2013. Khan and Odhikar’s Director ASM He was only released on 11 October Nasiruddin Elan were formally charged 2013, although his lawyers were told by under the ICT Act, 2006 – amendment the Dhaka Central Jail Superintendent 2009. They would be tried in the Cyber that the Bail Order had left for Kashimpur Crimes Tribunal and the case was Jail (a three hour journey) on the transferred to the Tribunal from the afternoon of 9 October 2013. ASM Magistrate’s Court. While he was being Nasiruddin Elan came out on bail on 1 charged, Adilur was not present in the December 2013. Court, in contravention to the Code of Criminal Procedure. He was in a holding It needs to be mentioned that on 8 cell waiting to be called up. October 2013 the Additional Attorney General, Momtazuddin Fakir had His lawyers were informed by the Court opposed the bail petition of Adilur, that his matter would not be heard that citing that if bail was granted the day. At 2:00 pm, he was on his way back accused would destroy evidence and to Kashimpur Jail when the investigating would abscond abroad. Furthermore, officers presented their charge sheet in the morning of 9 October 2013, the and he was charged. This was shown Attorney General’s office appealed to as breaking news on a few television the Chamber Judge of the Appellate channels and his family and lawyers Division, seeking a stay against Adilur’s learnt about the charges from the bail order, but the Honourable Chamber television news at 3:00 pm. Judge did not grant a stay. Adilur’s lawyers filed a petition to the High Interestingly, when Adilur and Elan were Court Division of the Supreme Court to being charged, the Government had yet put a stay on the trial of the case and to appoint a Prosecutor to the Cyber accordingly the High Court Division Crimes Tribunal, even after four Tribunal ordered a stay on the proceedings in the appearances. Exasperated, the defence Cyber Crimes Tribunal on 21 January team requested a Prosecutor not related 2014. This stay order has been extended to the matter, to stay on in the Tribunal on 15 September 2014 till the hearing of and perform his public duty. Furthermore, the matter.

138 Odhikar, as a human rights organisation, has come under Government fire during various regimes, for being vocal against human rights violations and for campaigning to stop them. However, the present Grand Alliance Government, led by the Awami League, after assuming power in 2009, started severe levels of harassment on Odhikar for its reports on the human rights situation in the country. Despite the barriers, the harassment, the security issues and the lack of resources, Odhikar is, first and foremost, a human rights activist organisation. It is run on the energy of the remaining staff, members, and the volunteer services of grassroots level HRDs, who dedicate time towards doing what they can to continue to work for the betterment of human rights.

***

Odhikar

Odhikar, a Bangla word that means ‘rights’, is one of the leading human rights organisations in Bangladesh. It was established in 1994 and since then focuses its work on human rights defenders, enforced disappearances, elections, violence against women, extrajudicial killings and torture. Odhikar is a member organisation of the International Federation for Human Rights (FIDH) and FORUM-ASIA.

139 140 ‘I think that is the challenge (..) amongst the human rights to ensure that it really comes from and connects to grass-roots movements.’ Kate Lappin Regional Coordinator, Asia Pacific Forum on Women, Law and Development (APWLD)

Photo: Julie Lunde Lillesæter/PRIO

141 142 Activists beyond Borders The story of the international campaign for human rights in Sri Lanka

By Ruki Fernando, Advisor, INFORM humanitarian workers, independent Human Rights Documentation Centre, journalists, clergy, and opposition Sri Lanka politicians with critical views of the Government, were killed, disappeared, In 2005-2006, I was working at the detained or threatened. Domestic FORUM-ASIA Secretariat based in human rights protection mechanisms, Bangkok. As the conflict escalated in such as the Judiciary, National Human 2006, I decided to go home to Sri Lanka. Rights Commission and the Ad Hoc When I eventually returned to Sri Lanka Commissions of Inquiries, had become in early 2007, the experience and skills I completely ineffective. had gained during my time in Bangkok, especially personal and professional It is in this context that we, Sri Lankan contacts with human rights defenders HRDs, had to turn to international (HRDs) in Asia and with regional and solidarity. In time, it became a crucial international organisations, proved to be element of our struggle for human rights. crucial and lifesaving. The primary focus of our international advocacy was targeting the United Going back to chaos Nations (UN), and a secondary strategy of engagement was towards the I left Sri Lanka in late 2004, a time of Commonwealth. relative calm provided by a ceasefire. Still human rights abuses took place Advocating at the United regularly, including killings, child soldier Nations recruitment, and regular violations of the ceasefire by both the Liberation Tiger of With the breakdown of domestic human Tamil Eelam (LTTE) and the Sri Lankan rights protection mechanisms, we were Government. compelled to seek the assistance of the UN. The newly established UN Human But I came back to chaos. There was Rights Council (UNHRC) became a large scale enforced disappearances, central place for our advocacy. extra-judicial executions, mass displacement, forcible recruitment During the last phase of the war, including of children, and severe particularly in 2007-2008, we restrictions on traveling and campaigned for field presence of the communication. It was also a time where Office of the High Commissioner for HRDs, including non-governmental Human Rights (OHCHR). We managed organisation (NGO) workers, to obtain support of successive UN

143 High Commissioners for Human Rights, Prior to this, the UN Secretary General Special Procedures of the Human (UNSG), Ban Ki-moon, visited Sri Lanka Rights Council and some Western and in a joint statement with the Sri Governments, but there was no support Lankan Government, the UNSG stressed from Asian, African or Latin American the importance of accountability for Governments. Thus, we failed. I still violations of humanitarian and human believe the level of atrocities we saw in rights law.50 This led the UNSG to the last phase of the war, particularly in appoint a Panel of Experts to advise him 2009, could have been less if an OHCHR on accountability in Sri Lanka in 2010. field presence had been established. The Panel’s appointment and report was rejected by the Sri Lankan Government, In September 2008, when the who refused appeals to cooperate with Government ordered all UN agencies the Panel. to leave the war zone, the people in the war zone appealed not to be abandoned. However, many survivors and their They did not ask much, they only asked families, including those in Sri Lanka and for an international presence. In the those who had fled the country, as well Capital, Colombo, a small group of us as Sri Lankan and non Sri Lankan HRDs, appealed to the UN Resident Coordinator welcomed the Panel and presented and to UN Headquarters in New York to detailed submissions. The Panel’s negotiate with the Government and not report in 2011 documented credible abandon the people in the war zone at allegations of violations of international a time when their presence was most human rights and humanitarian law by needed. But we failed to persuade Government forces as well as by the the UN to stay and inevitably, as we LTTE.51 It recommended an independent all feared, the stage was set for mass international investigation into these atrocities and civilian casualties, without allegations, and also suggested a review the restraining international presence. of the UN’s own conduct and failures in relation to Sri Lanka. The internal In early 2009, as the war reached its UN review that followed recognised peak and civilian casualties escalated that ‘events in Sri Lanka marked a dramatically, we as HRDs sought a grave failure of the UN’ and that ‘many special session with the UNHRC. senior UN staff did not perceive the Again we failed. There was a Special prevention of killing of civilians as their Session of the UNHRC though, after responsibility’.52 the war ended in a blood bath in May 2009. However, this session was 50 Joint Statement by United Nations Secretary- General, Government of Sri Lanka (26 May 2009), counterproductive as the Sri Lankan SG/2151 http://www.un.org/press/en/2009/sg2151. Government drafted its own resolution, doc.htm. praising its own conduct, and managed to gain the support of 29 of the 47 51 Report of the United Nations Secretary-General’s Panel of Experts on Accountability in Sri Lanka (31 members of the UNHRC. March 2011), http://www.un.org/News/dh/infocus/ Sri_Lanka/POE_Report_Full.pdf.

144 Even after the debacle of the Special crimes in Sri Lanka.56 Though late and Session of the UNHRC in May 2009, limited, this was a victory for survivors, we, Sri Lankan survivors, victim’s victim’s families and some of us who had families and HRDs, continued to engage long campaigned for this, even when it with the UNHRC. In March 2012 and seemed to be against all odds. It was a March 2013, the tide started to turn. dramatic turnaround of the UNHRC, with The UNHRC passed resolutions that the Sri Lankan Government’s support mildly expressed concern about ongoing declining from 29 States in 2009 to 12 human rights violations after the war and States in 2014 among the 47 States the lack of accountability in relation to the represented in the UNHRC. The number allegations of serious war time abuses. of States which voted against the Sri Both resolutions asked the OHCHR Lankan Government moved up from 12 to report back to the Council about in 2009 to 23 by 2014. progress made with the resolution’s calls for accountability.53 54 In September 2015, the OHCHR released the report of its investigations.57 As part of this process the then UN High It detailed horrific narratives of unlawful Commissioner for Human Rights, Ms. killings, enforced disappearances, Navaneethan Pillay, visited Sri Lanka forcible recruitment of children, in August 2013. Her comments about obstructions of movement to safe areas, authoritarianism in Sri Lanka received sexual and gender based violence, widespread international coverage.55 torture, and arbitrary detention on a Despite being subjected to false mass scale and in a systematic manner. accusations and derogatory remarks by The High Commissioner recommended Government Ministers and state media, the establishment of a Special Hybrid her visit served as a source of strength Court with international judges, to the conflict affected communities, 52 Report of the Secretary-General’s Internal including HRDs, families of disappeared Review Panel on United Nations Action in Sri persons, people whose lands were Lanka (November 2012), http://www.un.org/News/ occupied by Military, and other survivors dh/infocus/Sri_Lanka/The_Internal_Review_Panel_ and victim’s families that were struggling report_on_Sri_Lanka.pdf. for survival, dignity, rights and justice. 53 UNHRC (8 March 2012), A/HRC/19/L.2. The memory I recall most was Ms. Pillay sitting on a podium with eight women 54 UNHRC (19 March 2013), A/HRC/22/L.1. whose family members had disappeared 55 Opening Remarks by the UN High Commissioner and warmly embracing the crying for Human Rights (31 August 2013), http://un.lk/ women. news/opening-remarks-by-un-high-commissioner- for-human-rights-navi-pillay/. In March 2014, the UNHRC passed 56 UNHRC (26 March 2014), A/HRC/25/L/1. another resolution on Sri Lanka. Finally, the resolution asked the OHCHR to 57 UNGA, ‘Comprehensive Report of the Office of conduct an investigation into serious the United Nations High Commissioner for Human violations of human rights and related Rights on Sri Lanka’ (28 September 2015), A/ HRC/30/61. 145 prosecutors, lawyers and investigators It turned out to be the CHOGM with to ensure accountability for the reported the fewest Heads of States attending violations, along with other international in recent history. An exception was the action such as universal jurisdiction and British Prime Minister who came despite vetting. protests in the United Kingdom (UK). He did make strong pronouncements A minor victory, which paled into during his stay though, including during a insignificance during a time of historic visit to the Tamil dominated and bloodshed, was the Sri Lankan war ravaged Northern town of Jaffna. Government losing its candidature in There, the Prime Minster visited a media elections for the UNHRC in 2008, after institution which had been subjected an intense campaign by some of us in to repeated attacks, and people who Sri Lanka together with regional and had been displaced due to the military international NGOs. occupation of their lands.61

Commonwealth Heads of There was a huge convergence of Government Meeting international media to Sri Lanka in the lead up and during the CHOGM. When we realised that the 2013 It appeared that the news about the Commonwealth Heads of Government human rights situation in Sri Lanka Meeting (CHOGM) was going to be almost overshadowed the news of the held in Sri Lanka, there were several actual CHOGM itself. Survivors, victim’s local and national discussions on what families, HRDs and opposition parties all to do. A small group of HRDs in Sri took the opportunity to highlight human Lanka, together with our regional and rights issues, despite the crackdown by the Government in the days before and international support groups, decided 62 to oppose the meeting being held in during the CHOGM. Sri Lanka, as we felt that this would 58 Government of Canada Press Release, ‘Canada legitimise the terrible human rights Welcomes Decision of Indian and Mauritian Prime situation in the country. We appealed to Ministers Not to Participate in Commonwealth the Commonwealth Ministerial Action Meeting in Sri Lanka’, 13 November 2013. Group (CMAG) and others, but the 59 Government of Mauritius Press Release ‘PM CHOGM went ahead anyway. Not to Attend CHOGM Meeting in Sri Lanka’, 12 November 2013. However, due to strong advocacy efforts, 60 the Heads of States of Canada and Sandeep, Dikshit, ‘Manmohan to call up Rajapaksa’, The Hindu, 11 November 2013. Mauritius decided not to attend citing human rights issues.58 59 The Indian 61 Mason, Rowena, ‘Tamils hail David Cameron as Prime Minister also did not attend.60 ‘god’ but Sri Lankan president is not a believer’, Although he did not explicitly relate his , 15 November 2013. absence to human rights issues, it was 62 Fernando, Ruki, ‘Commonwealth & human widely believed to be the reason. rights principles in Sri Lanka, in the week before CHOGM’, Groundviews, 14 November 2013.

146 Those who made a difference affected regions of the North and East also braved threats and intimidations The focus of Sri Lankan HRDs to organise mobilisations and make internationally was on intergovernmental oral and written submissions to key bodies, such as the UN, the international figures and bodies. This Commonwealth and individual took them from the Capital of Colombo, Governments. But these would only to the war affected regions, such as change course if others, smaller in Jaffna, to corridors of power, such as size, but perhaps bigger in passion, Geneva, New York, Washington DC, determination and commitment, pushed London and Delhi. them relentlessly. Collaborating with journalists, I will share with you my experiences of writers and film makers working with some of those people, who I believe were the movers and shakers of Despite the Government clampdown on the UN and the Commonwealth. local media, some international media continued to give coverage to stories Involvement of victims and of survivors of human rights violations their families and families of victims, in particular their struggles for truth and justice. Though While I will focus on the role of people their interest was not consistent and outside of the country, before doing tended to focus on specific events, so, there is one group from within the such as the visit of the Pope, the UN country that deserves special mention. High Commissioner for Human Rights, They made, I believe, a huge difference the CHOGM and the sessions of the to international advocacy. This was the UNHRC, such coverage was essential strong involvement of survivors and the since it was an opportunity to share an families of victims. Despite consistent alternative narrative with the world. threats, intimidations and discrediting they continued relentlessly. Mothers, Several writers spent significant amounts fathers, and wives came forward of time with war affected persons in the courageously to give testimony to high North and wrote books highlighting their profile representatives from foreign stories, while others made films using Governments and the UN, in Sri Lanka materials from the last phases of the itself or in Geneva, where the UNHRC is war and afterwards. They too had to based. face intimidations, defamation, severe restrictions on travel to the North, and Amongst those regular visitors and surveillance and obstacles once they got strong advocates was the wife of there. disappeared Sinhalese journalist, Mrs. Sandya Ekneligoda and Dr. Manoharan, Some were arrested, detained and 63 father of a teenage Tamil boy killed on deported. But these stories , through the beach in 2006. Activists from war articles, video clips, films, photography 147 and books, went a long way in keeping Their work contributed immensely to alive the dwindling world attention on Sri prevent countries, like India, Japan, Lanka. Malaysia, Indonesia and the Philippines, from supporting the dictatorial Sri Lankan Partnering with HRDs in Asia Government during crucial votes on and beyond resolutions at the UNHRC in 2012, 2013 and 2014. On a few occasions, India and The friendships and professional South Korea even voted against the Sri relationships built during my time with Lankan Government. FORUM-ASIA in Thailand in 2005-2006, as well as other experiences, became A Malaysian friend and activist was very useful after my return to Sri Lanka. detained and still faces charges in court This was particularly so when many for screening a controversial film about HRDs, including me, had to leave Sri allegations of war crimes in Sri Lanka. Lanka due to imminent threats to our lives. Some of us, like me, went for a few After the democratic transition in January months and returned when we thought 2015, there was an Asian Solidarity the heat was down. Others opted for conference on Sri Lanka, which was permanent relocation. Many of those attended by colleagues and friends who opted for short term relocation from many Asian countries. Even HRDs went to countries such as India, Nepal, in countries beyond Asia, such as the Malaysia, the Philippines, Thailand and United States of America (USA), the Singapore. HRDs in these countries, UK, France, Germany, the Netherlands as well as other countries, provided and Norway, were very supportive of invaluable care, assistance for visas, our human rights work. Individuals, and moral, financial and other forms of ranging from students, retired persons, support to us during these most difficult politicians, lawyers, clergy and many times. others, were part of human rights campaigns for Sri Lanka. Sometimes all I had to do was send an SMS asking to welcome another colleague. HRDs in many of the previously mentioned countries, as well as places like Indonesia, South Korea and Japan, also organised campaigns against the human rights violations and impunity in Sri Lanka. They facilitated 63 meetings for me and other Sri Lankan For example, books like ‘Seasons of Trouble’ by Rohini Mohan, ‘This Divided Island’ by Samanth HRDs with media, government officials Subramanium, ‘Still Counting the Dead’ by Frances and broader civil society in their Harrison; and films like ‘No Fire Zone’ and countries. ‘Sri Lanka’s Killing Fields’ by Callum Mcare.

148 Working with regional and own, during their holidays, spending their international NGOs own money, while others came as part of formal study tours or to do academic Along with individuals and groups research. working at the national level, regional and international NGOs also played a I was also inspired by the student crucial role in supporting Sri Lankan campaigns and events I participated human rights activism. Several in other countries, such as in the USA, supported the protection and relocation the UK and the Philippines. These of HRDs at risk at the most difficult times, included writing urgent appeals to the in a variety of ways. They also played an Sri Lankan Government and their own important role in research and advocacy, Governments, writing solidarity letters and lobbying individual Governments to the wife of a disappeared journalist, and inter-governmental bodies. writing articles for student newspapers, organising exhibitions and talks, and FORUM-ASIA was one of the most much more. important regional partners, and particularly its Geneva office played Engaging with diaspora groups an important role in facilitating and supporting advocacy related to the UN Probably the most controversial group there. was the Sri Lankan diaspora. I also had chances to meet and speak at events The campaigns around individual cases organised by diaspora groups, some by some international organisations exclusively Tamil and some mixed with helped a lot to keep such issues alive. I Muslim, Sinhalese and Tamil. myself was a direct beneficiary of such a campaign, and am certain that the Some diaspora groups clearly supported immediate and intense campaigning and justified the war and tried to cover around the world was a crucial element up violence and abuses by the LTTE that brought about my release in couple and the Sri Lankan Government. But of days after being detained under the many I engaged with appeared to be anti-terror laws in March 2014.64 fuelled by concern and care about what was happening in Sri Lanka, Support of volunteers, about the survivors and families of students and interns victims of human rights violations. Some groups became very influential in lobbying foreign Governments and UN During and after the war, I had the officials, and there is no doubt that they chance to work with many foreign contributed to the developments in the volunteers, interns and students who UN in relation to Sri Lanka. came to Sri Lanka to support human rights work. Some came during dangerous times. Most came on their 64 FORUM-ASIA, ‘Stories from the field – Sri Lanka: Ruki Fernando’, 4 September 2014. 149 Being part of the international The importance of solidarity human rights system However, probably the most important The international solidarity was partly drive behind international solidarity is driven by Sri Lanka being part of the the spirit that all human beings should international human rights system. This care about each other, irrespective system is based on ratified treaties, of what country we live in. This may which are essentially agreements sound idealistic and such spirit is often amongst Governments on how they overridden and influenced by other should treat us, citizens and non- factors, such as the economy and citizens. Alongside these agreements, media coverage. But I have learnt not Governments have also put in force to undervalue the passion to care for monitoring and reporting mechanisms strangers. to encourage enforcement and to respond in emergencies and special That is what I saw in September 2015 circumstances. in relation to the refugee crisis that hit Europe. That is why I admire the care The UNHRC is such an institution. friends showed to my colleagues who As the members of the UNHRC are went into exile wounded and in fear. That Governments, which are political entities, is why I was so moved and touched by their decision making processes are all the friends and strangers who sent often based on political considerations. Facebook messages, emails, made calls, This has in particular led to ‘double in the middle of a Sunday night when standards’, by the UNHRC and by they heard about my arrest. powerful countries such as the USA, China, India, as well as blocks like the That is why we tried to welcome European Union (EU) and Organisation refugees who came to Sri Lanka from of Islamic Cooperation (OIC). Pakistan and other countries. That is why we filed court cases, made public It also needs to be kept in mind that statements, provided humanitarian relief, membership of the UNHRC is dominated visited detention centres, and raised by African and Asian Governments who money on their behalf. That is why we have 26 of the 47 seats. Latin American warmly welcome journalists and bloggers countries have eight seats, Western who are looking at Sri Lanka as a safe countries seven and Eastern European haven, even if only temporarily. countries six seats. Sadly, I feel the international solidarity that I and fellow Sri Lankans extended to others was much less than the support we got. I hope we can put it right.

150 Undoubtedly, the primary struggle for human rights has to be waged at home. That is what we did even at the most difficult and dangerous times. That is what we continue to do. But there are times, when international support is crucial. For us, 2006-2014 was such a time. A time of desperation and emergency. There is slightly more space now for us to work inside Sri Lanka, but it would be a mistake for our international friends to leave us now, especially after the long journey they have undertaken with us. As I give thanks, I look forward to a continuing journey.

***

Ruki Fernando, Advisor, INFORM Human Rights Documentation Centre, Sri Lanka

Ruki Fernando is a prominent human rights defender from Sri Lanka, who has been involved in human rights and social justice issues since 1997, working with church groups initially and then with secular groups.

He has been working with leading Sri Lankan human rights organisations such as the Law & Society Trust and INFORM Human Rights Documentation Centre. Ruki has also worked two years, from 2005 to 2006, as coordinator of FORUM-ASIA Human Rights Defenders Department.

151 152 153 ‘FORUM-ASIA did well to bring Asian human rights defenders [to] Geneva (..) bringing the Asian voice into the Geneva discourse (..), the voice of civil society and human rights defenders.’

Sayeed Ahmed Asia Protection Coordinator, Front Line Defenders

154 Take Back the Tech! A story of gender rights and online spaces in Pakistan

By Zoya Rehman, Coordinator defenders – for this, our digital security GenderTech, Bytes for All, Pakistan department has been expanded so as to include a more holistic programme, Take Back the Tech!, our flagship, 65 which also includes physical and award-winning campaign that we psychosocial security now. brought to Pakistan in collaboration with the Association for Progressive The problem: tech-based Communications (APC), is an initiative that is extremely important to us and our violence in Pakistan organisation. The campaign has been integral for Bytes for All, Pakistan, in Pakistan is rife with technologically leading the conversation about gender driven gender-based violence. Such rights and online spaces, and we want cases are taking place just about this conversation to keep going – with everywhere: at home; at the workplace; or without us. We want stories from all in public spaces; and now through the corners of Pakistan to be shared as Internet, mobile phones, and social much as possible – these stories must networking spaces as well. Online be mapped, seen, and discussed, so misogyny and violence against women that justice is achieved, in one way or (VAW) in Pakistan is a reflection of the another, when people join hands and try patriarchal mind-sets that already exist to find solutions for the larger issue of in our offline spaces. Pakistani women, online abuse. This is essential if we want girls and sexual minorities are being Internet rights to flourish in Pakistan. silenced everywhere – whether it is through actual violence or discouraging, About us abusive language meant to hinder them from claiming spaces that are rightfully theirs. Bytes for All, Pakistan is a human rights and research organisation which focuses The problems we have to address in on Information and Communication Pakistan exist everywhere else in the Technologies (ICTs) and their relevance world, but we have to address Pakistan’s for strengthening human rights problems with unique solutions, keeping movements in the country. We conduct the country’s cultural context in mind. We research for evidence-based policy cannot formulate these solutions without advocacy on civil liberties in Pakistan. the stories we wish to collect. We cannot The organisation’s field projects are focused on Freedom of Expression 65 Bytes for All, Pakistan, ‘Take Back the Tech!’ (FoE), technology-driven gender-based campaign wins ITU award for gender equality in violence, and security of human rights technology’, 30 October 2014.

155 address tech-based VAW without ample gender-based violence. Participants ‘take voices and counter-narratives. back the tech’ with the help of their cell phones, social media accounts, blogs, In 2014, we compiled a report comprising and other technological mediums to raise three case studies that proved how pertinent issues that can help the ICT technology-driven violence against capacity of women. women was present in Pakistan. This was done to contribute to a global In our previous campaigns, we delved evidence-building exercise, led by APC, into the way ideas of public and private regarding online gender-based violence. spaces affected online abuse and Our pilot case study was about a young violence. Our discussions were about girl, Aisha, a survivor of physical and issues such as the right to privacy, the technology-based violence. In short, an sometimes arbitrary ‘private’ versus intimate act between Aisha and her lover, ‘public’ distinction in online spaces, and Sadiq, was recorded with mobile phones. state surveillance. We always wanted to That recording was subsequently used change Pakistanis perceptions about the by Sadiq’s friends to blackmail and rape Internet, primarily how many Pakistanis Aisha repeatedly over several months, believe that the Internet is a bad space and was allegedly also uploaded on which women should always avoid, just Facebook as ‘revenge’. like the media is no place for women to be seen. These arguments are specious The other two case studies delved into and only end up reflecting the inability the stories of two women who, unlike to accept women in any public space Aisha, had agency because they were whatsoever. more independent, more vocal about their convictions, and also hailed from For this, we held our campaign activities upper-middle class, liberal families. in both online and offline spaces to Bayhaya and Baaghi were subject to guarantee more visibility. We led various sexualised violence and abuse online events, devised eye-catching graphics, because of their progressive views. published pioneering research, initiated Bayhaya was even branded as a long, heated Twitter debates, held blasphemer by Islamist vigilantes for poster competitions for college students, simply challenging conservative views exhibited their work, held trainings, online. organised hikes – the works. We engaged various human rights defenders Take Back the Tech! (HRDs) and journalists, as well as the general public, so they could join us to During the international 16 Days of raise awareness about how abusive and Activism against Gender Violence intrusive social media can be. We did campaign that takes place each year, all this while realising that networking we call for everyone, particularly women will always be a key component of our and girls, to reclaim technology and fight gender work. We facilitated committed

156 local campaigners in sharing their ideas of such issues to realise that tech-based and learnings, so they could raise violence is actually a digital extension awareness online – and globally – as of the same kinds of abuses that most well. people, particularly women and sexual minorities, experience offline. We turned #TakeBacktheTech into a national trending topic for hours during Hence, we wish to engage gender rights our tweetup66, which eventually led to activists in reviewing the Government’s an intense debate among prominent policies on ICT governance, and want to feminists about what online violence hold wider consultations and workshops entails. Our activities ranged from regarding the formulation of laws and conducting a digital security and privacy policies governing the Internet, to training session for a Lesbian, Gay, highlight the freedoms and rights of Bisexual, and Transgender (LGBT) group Pakistanis, particularly women, online. to popularising the Young Activist Award for school children to encourage them to Bridging the gap between offline create art to address tech-based VAW. movements and digital rights movements is extremely crucial – we must find Bridging the gap between solutions together as allies to further offline and digital movements inform our work as gender rights activists. Patriarchy must be ripped to This year, in 2015, we will be focusing pieces by all of us! Let’s keep talking on sharing survivor strategies to amplify about what can and cannot be done the need for more confident voices in together. finding solutions to the problems we are facing. Advocacy on the pending We wrote an open letter to the cybercrime bill is also going to be a huge National Commission on the Status of part of our campaign this year – so much Women, Pakistan (NCSW), urging the work has been done by some fantastic Government to take action to address activists and civil society organisations this growing problem of online VAW. in relation to violence against women, We always want local activists to echo yet there is an evident gap when it our responsibility to defend and support comes to legislative progress related to Internet rights. cybercrimes against women. Moreover, the relevant cases being There are already many gender rights reported in the news media everyday defenders in Pakistan doing incredible must be brought to light. We have work to end violence against women in been mapping cases of online violence offline spaces. There have been some on our country-level map, VAW Map, notable achievements in Pakistan in and anonymising all these stories, to terms of new gender-sensitive legislation help others understand the gravity of during the past decade or so. However, technology-related violence against we need to expand our understanding women and sexual minorities.

157 Demonstrating the effects of The sky is the limit online abuse That is the thing though – we know we are nowhere near done in fighting this We have always done our part in struggle. The continuous need to be demonstrating the effects of online abuse inventive makes us want to reach out in a digital world, and how to combat to people even more, and in as many it, be it through research or media ways as possible. We realise that our monitoring. Ideally, we want all existing campaign needs to be more fun and stories in Pakistan to be documented engaging. We want to utilise videos, so they could inspire conversations and podcasts, and comic strips, reinvent help in chalking out a way to end gender- science fiction stories that already based violence. exist, urge people to share poetry and blog posts, so that there are as many For this, the stories we share during the individualistic responses to such issues international 16 Days of Activism against as possible. Gender Violence campaign usually present the way technology affects We must keep finding new ways to women around Pakistan. We try to do dismantle patriarchal norms in Pakistan, this by being inventive and humorous, and also help women from all walks but most of all, by humanising our efforts of life in fearlessly interacting with the and the overall Take Back the Tech! outside, ‘non-familial’ world. We are campaign. Our aim is to imagine a world convinced that Pakistanis are not talking without online violence with the help about online gender-based violence as of representative, powerful stories. We much as they should, and for that, we try to highlight transformative stories need to keep finding more challenging that need visibility and are less easily ways to address issues related to access heard, so we can help in correcting the and agency, as well increase capacity imbalance of power. building around areas of privacy and security, to change the conversation The recent cyber-attack on around tech-based VAW. Having a #TakeBacktheTech by misogynists, meaningful, understandable discussion trolls67 and various other people linked about the harms of online violence also to #Gamergate68 is a stark example of the kind of backlash and abuse 66 feminists face online when they express A ‘tweetup’ is a meeting of Twitter users for a specific objective. their opinions. It demonstrates how detrimental gender-based abuse and 67 A ‘troll’ is a person who makes a deliberately sexist expression can be, which is why offensive or provocative online posting. we must keep collaborating on this issue 68 The Gamergate controversy began in August and speaking out against the harmful 2014 and concerns sexism in video game culture. effects of technologically driven gender- It is most notable for harassment of several women based violence. in the video game industry, including death threats and threats of rape.

158 means that men must be engaged and Our baseline studies: https://content. made to question conventional notions of bytesforall.pk/sites/default/files/ masculine identity and patriarchy. BaselineStudies.pdf

The Internet is ultimately a transformative Awards won: https://content.bytesforall. space, and a feminist one too. Our Take pk/node/151 Back the Tech! campaign must always reflect this to help in bringing an end to the culture of impunity associated with gender-based violence in Pakistan.

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Zoya Rehman, Coordinator GenderTech, Bytes for All, Pakistan

Zoya Rehman is a lawyer and gender rights activist working for Bytes for All, Pakistan. She studied law at University of London and Pakistan College of Law. Before joining Bytes for All, Pakistan, Zoya worked, among others, as a Research Associate for the Supreme Court of Pakistan and as a Programme Officer at Shirkat Gah, Women’s Resource Center, Pakistan. Zoya joined Bytes for All, Pakistan in May 2015 as Gender Tech Coordinator.

***

Bytes for All, Pakistan TBTT! Resources: Mapped stories: http://www.vawmap.pk

Case studies/country report: Technology-related violence against women: https://content.bytesforall.pk/ sites/default/files/CaseStudies-Technolog yDrivenViolenceAgainstWomen.pdf and https://content.bytesforall.pk/sites/ default/files/ViolenceAgainstWomen PakistanCountryReport.pdf

159 160 ‘What is so exciting is that we are seeing fresh blood and fresh faces (..) people who didn’t use to work for human rights, who were afraid to talk about human rights (..) now becoming enthusiastic activists (..) for that to happen, we already had to have organisations like FORUM-ASIA (..) working on the ground (..) laying the ground work for all those years.’

Debbie Stothard Secretary General, the International Federation for Human Rights (FIDH), and Coordinator, Alternative ASEAN Network on Burma (ALTSEAN – Burma)

161 162 chapter 3 LESSONS LEARNT FROM 25 YEARS OF HUMAN RIGHTS WORKS

25 years of human rights work presents people and communities that we try to both a need and an opportunity to reflect serve; and 4) long-term advice. on the highs and lows of the movement in Asia. What worked? What did not 1. Organisational or strategy work? What lessons have we learnt? And related insights what do we need to keep in mind moving forward into the future? Not surprisingly many insights relate to organisational or strategy experiences. All people that contributed to this Lessons that were gained being involved publication – through an interview, by with civil society organisations (CSOs), participating in an event or by submitting movements or networks for many years. written inputs – were asked to reflect Lessons that are to be kept in mind when on possible lessons learnt. Based on deciding on strategies, identifying key their work, on the experiences of their stakeholders or developing action plans. organisations or their partners, what insights did they gain? What have been The importance of movements, lessons learnt from 25 years of human networking and solidarity – there is rights work? strength in numbers. All contributors to the publication highlighted the Many lessons were shared. The importance of working through following chapter describes the issues movements and networks. Particularly and experiences most often mentioned when focussing on the protection and throughout the consultations. Obviously promotion of human rights. Working this selection is subjective in nature, in isolation is highly undesirable. All both because the reflections stem from progress that has been gained for human individuals and small groups, but also rights or social change, has been the because of the individual choices of the result of movements. editors. Still, we hope they are useful for anyone that is working or wants to work • The undeniable power of solidarity in the human rights field. – in direct relation to networks and movements is the recognition after While many of these lessons are related years of human rights work of the to and cover broad parts of human power of solidarity, solidarity between rights work and the field, we have human rights defenders (HRDs), across clustered them into four categories: borders and with those working in 1) organisational or strategy related other sectors or institutions. In itself, insights; 2) individual and personal understanding that there are others that reflections; 3) lessons related to the 163 stand, support and look out for you is with other sectors is crucial for incredibly powerful. Solidarity is crucial human rights progress. Important in emergency situations. Colleagues and sectors identified to work with include: partners can speak out on your issue, development; economics and trade; reach out to influential stakeholders for conflict prevention and peacebuilding; you, or arrange for you to be temporarily migration; and climate change and relocated. the environment. The human rights movement in Asia needs to engage • Making efforts more effective through institutions and stakeholders that do collaboration and coordination – the not specifically focus on human rights. amount of work that needs to be done In Asia the traditional stakeholders are, to promote and protect human rights among others, the UN Human Rights at times seems endless. Everyone is Council, the ASEAN Intergovernmental busy and overwhelmed at all times. Commission on Human Rights (AICHR), To make sure HRDs do not duplicate the ASEAN Commission on the or unintentionally counter each other, Promotion and Protection of the Rights of collaboration and coordination are Women and Children (ACWC), or human essential. Particularly when it comes rights related UN Special Rapporteurs. to capacity building, knowledge We need to look beyond just them. development and advocacy. It is important to work together and align The power of the media – the media efforts. plays a crucial role in society. Every day, every moment people make decisions • Across local, national, regional and in their daily lives based on information international levels – one of the main they receive from the media, traditional benefits, but also challenges, of working and social media. Whether it is what to through networks and movements is wear based on weather reports, which the opportunity to align efforts across area to live in based on local news, local, national, regional and international or who to vote for based on national levels. Regional and international coverage of electoral campaigns. campaigns gain legitimacy by assuring that efforts are grounded in insights To be visible and covered in the media is and updates from affected people and of great significance for the human rights communities. When engaging with movement. Media offers a means to regional and global partners, local and have issues and updates be heard by the national working HRDs can be heard general population, but also by targeted beyond their own reach. Communication audiences, like policy or decision and the exchange of information is makers. At the same, the media presents crucial to make this work. a channel to mainstream a human rights discourse. • Cross-sector connections – human rights cannot be realised in isolation However, the relationship between civil from the rest of society. Collaboration society and the media has not always

164 been an easy one. Misunderstanding significant effect on youth, some with and trust issues have made collaboration long-term consequences. challenging. In the current environment in many Asian countries space for civil The failure to include youth in the society is shrinking and press freedoms human rights movement today, can have are severely restricted. This provides detrimental consequences for current an opportunity for an alliance between efforts and those in the future. HRDs and the media that would be beneficial for both. It is important to speak to power, but we need to be able to back-up Women’s rights are human rights what we say – one of the major roles – the need to mainstream gender and of HRDs is to speak out, criticise and women’s issues across the human rights inform the authorities on human rights movement is still a work in progress. The violations. HRDs need to be the voice recognition that all women’s rights are for victims of violations or those whose human rights, and that all human rights rights are under threat. Similarly, it is are women’s rights has been crucial for one of the primary roles of the human the advancements made in Asia so far. rights movement to hold Governments Human rights work must mainstream to account when it comes to the gender perspectives in all aspects of its commitments they have made, and call work to fully realise its goals. them out when failing to stick to their word. Youth are not just the future, they need to be included today – when In doing so, it is crucial that we can speaking about youth there is a tendency back-up what we say. Advocacy to refer to them only as the future. needs to be based on evidence and However, youth need to be included, facts. Documentation and maintaining capacitated and empowered today. records of violations is crucial, even in times when such data cannot be used In many Asian countries youth – when immediately for fear of repercussions following the UN definition of youth or threats. The maintenance of being people between the ages of documentation of violations can be 14-25 – represent a significant portion instrumental at a later stage to assist a or even a majority of the population. campaign or legal proceeding. At the same time, youth are among the most vulnerable groups in society. Be consistent and persistent – change Especially, in regards to human rights takes time. One-off activities or events violations. They are often direct targets are unlikely to make a difference. It is of repression, because of their age, important for HRDs to be consistent social status and lifestyle. Additionally, and persistent in the issues they speak restrictions on human rights, including out on. When you continue to speak the right to education, health care out on certain issues, the narrative or employment, have a particularly and discourse become consistent,

165 recognisable and eventually more getting involved. HRDs are those that acceptable to target audiences. This join an organisation or movement, take requires persistence, even when the on a cause. Get their hands dirty. You odds seem to be against us. learn to be an HRD by doing, not by studying it from afar. Be focussed and specific – there are many topics and issues related to Learn to share the stage – the issues human rights. All are vital and all are and situations that the human rights urgent. Civil society at times has the movement addresses are often tragic tendency to want to cover all that is and devastating. More so, the issues are important, and consequently says a little often personal, because of the group of bit on everything. It is imperative to be people they involve or the country they focussed. A topic needs to be developed affect. At times this makes it challenging with research and expertise. Related to see beyond your own story or to this is the need to be specific. Even emergency. It is important to know that though many issues are interconnected, others are suffering too. To realise that sometimes it is better to try to tackle one your problem is not the only problem thing at a time instead of everything at that requires attention, and to be able to once. share the stage with other victims.

2. Individual and personal You cannot protect anyone else, if you reflections do not protect yourself – human rights work can be physically and emotionally Another set of reflections and advice draining. The seemingly endless list of focussed more on individual HRDs. things to do, the feeling that if you do Lessons that were learnt that could be not do it no one will, and the constant of value for those people that aspire to stress takes a toll on everyone. In many become involved in the human rights cases, pressure from family and loved movement or are new to it. ones, while well-intended and based on concerns for safety and well-being, Everyone can be an HRD – anyone can make the work of HRDs especially who becomes involved in the human challenging. It is important to remember rights movement can be an HRD. It does that if you collapse out of exhaustion or not require any particular background, stress, because you are trying to save education or skills. Everyone can find the world, you cannot protect anyone their role and can contribute to the else. human rights movement. Be courageous while being safe – You can only become an HRD by undoubtedly being an HRD requires doing – while all recognised the value courage, particularly in certain countries of studying human rights, reading or in the region where standing up for watching documentaries, it was agreed human rights exposes you to physical that you can only become an HRD by or legal threats. It is important to be

166 courageous, to stand up for what you Need to be amplifiers for the people – believe in, and to speak out for those that following the earlier mentioned insights, cannot do so themselves. Yet, here again it was also noted that it is crucial for civil it is important to be cautious and keep society, in particular HRDs, to amplify the yourself safe too. While sacrifices might messages and stories of those people be asked of you, no one should have to affected or threatened by human rights pay the ultimate sacrifice. violations. We need to speak on behalf of those that cannot do so themselves, and 3. Lessons related to the make sure that they are heard. We need people and communities we to be a bridge between the grass-roots try to serve communities and the national, regional and international political arenas. The third set of lessons focussed Important to involve all sections of particularly on how to engage with or society – even though priority must serve those people and communities that be given to those affected most by we presume to represent. The people human rights violations, it is important and communities from whom civil society that all people in society are included derives its legitimacy when speaking on in the conversation on human rights. human rights issues. Even the privileged or the perpetrators of violations need to be heard and The need to reach out and engage understood to eventually come to the full with those we presume to help – it is realisation, promotion and protection of essential to constantly ascertain that all human rights. we do, as a human rights movement, benefits those that we presume, claim You cannot be limited to the Capital or try to help, particularly the poor and – many CSOs are based in the marginalised. To be able to do so, we Capitals or big cities of their respective need to reach out and engage with these countries, and rightfully so, considering people on a regular basis. infrastructure and facility needs. It also makes networking and engaging with Making people understand – to be other stakeholders easier. However, able to reach out and engage with the it is important to make sure that the people and communities we try to help, issues we prioritise and the voices that it is critical that we can explain and make we represent are not limited to those them understand what we are working same Capitals and big cities. That we on. Complicated concepts and technical reach out to others beyond the city terms are often not helpful. More so, limits, and engage with rural and isolated it is important to be flexible with such communities equally. concepts and definitions, since people’s understanding of human rights depends The need to focus on education and on their context. empowerment – while it is the role of HRDs to represent and speak on behalf

167 of those that cannot do so themselves, However, more often than not, such eventually our role as messengers steps back also come from push-backs should not be needed anymore. The from the authorities. The ratification of a education and empowerment of peoples Declaration might be used as an excuse and communities is key to all human to not do anything further on that topic. rights efforts. For the full realisation, Or international recognition for a claim promotion and protection of human made by a national HRD, might result in rights, people need to be aware of persecution of that same HRD by its own their rights and able to speak up for Government. themselves. The human rights discourse needs to be mainstreamed in our All of this does not mean that we need to communities and societies. Education give up, nor that we should not celebrate and empowerment are the primary our victories, it merely means that strategies to make that happen. whenever we realise something that we have been working for, we need to keep 4. Long-term advice our eyes open and be vigilant for new challenges. Finally, many lessons learnt referred to the long-term perspectives of the While you can put an issue on the human rights movement. Many of these agenda, you cannot control what insights reflect a realistic, or at times happens to it – in a similar fashion it even pessimistic view on what can be was noted that as civil society we need accomplished. However, it is important to know the limits to our influence. In to note that all these insights were part many settings we can highlight issues, of an overarching belief in change, and push for topics to be put on the agenda a conviction that what we do is not only or make a concern public, but this does important, but indispensable. not mean we can control what happens with it once it is out there. For every step forwards, you will be forced to take a few back – successes At times, it might not be understood, and victories are few when fighting for presented or viewed from the human rights. More importantly, it was perspective that we intended, or it might noted that for every step forward, you be even be taken into a completely will be forced to take a few steps back. opposite direction. Here again it means These steps back can come from new that we need to monitor how things are challenges that are presented when interpreted and explained, and ensure something is realised. For example, that we do all we can, within our sphere when a new human rights institution is of influence, to promote our point of view. established, its mandate might not be to our liking or the way it implements its Words mean little without activities might be disappointing. It forces implementation – many also highlighted us, after our initial victory, to step back that while at times we need to celebrate and rethink our next move. words, in the form of the adoption of

168 new laws, the ratification of conventions Not just a marathon, but a relay – in or legislation that establishes new addition to the work for human rights institutions, such words can mean very being a marathon, it is also a relay. little if we do not like what is done with The work is too much, too complex them afterwards. Implementation is key. and too extensive for just one person, one organisation or one network. It will Sometimes words can even be require many to work together, and counter-productive. They might provide more importantly it will require a new Governments or other authorities the generation to be ready to take over from impression or the excuse to act like the current generation of HRDs. the job is done. Similarly, if words or intentions are not matched with To be able to do so, we need to resources and capacity, even the most convince more people of the need to well-drafted laws and best formulated fight for human rights, to capacitate mandates will mean little in practice. and empower them. To make sure that when we cannot go on any longer, a new Justice does not automatically generation will be ready. If we do not do trickle down – even when changes in that, the baton will drop, and our running legislation or jurisdiction are realised and will have been for nothing. But if we implemented, this does not automatically manage to grow our movement with new mean that all people in society will people, with new energy and new skills, benefit from them. Particularly poor, they will eventually be able to run across marginalised or isolated communities the finish-line. need to be pro-actively assisted to benefit from such breakthroughs. Unless people know there is a new law, institution or regulation that they can benefit from, they will not be able to do so.

Human rights is not a sprint, it is a marathon – considering all of the above, it is clear that realising, promoting and protecting human rights is not a simple task. It is a long-term process that requires HRDs to be in it for the long- haul. It is not a sprint, it is a marathon. And unless we realise and plan for this, we will soon be disappointed and burned out.

169 170 171 ‘The key thing for the human rights movement is (..) to have been able to grow into countries and nations where previously human rights was not heard of (..) and that over these years FORUM-ASIA has been able to nurture and support grass-roots human rights groups and human rights defenders to bring them into a wider movement, to make them understand how working together (..) can really enhance the growth of human rights throughout the region.’

Phil Robertson Deputy Director Asia Division, Human Rights Watch (HRW)

Photo: International Commission of Jurists (ICJ) 172 Dark Days and Darker Nights A Malaysian Story of National ‘Security’

By Chew Chuan Yang, Documentation In their haste to ‘safeguard’ Malaysia & Monitoring Coordinator, and Sevan from these perceived threats, they Doraisamy, Executive Director, inadvertently hurt the ones they seek to SUARAM, Malaysia protect, the citizens of Malaysia.

As we enter into the final quarters of The Internal Security Act of 2015, we find ourselves in a world that 1960 can be considered as the most peaceful era thus far in human history. Yet, within Throughout our history, Malaysia was this tranquillity, we have witnessed the in no way a stranger to such draconian rise of the Islamic State and various laws. The Internal Security Act 1960 terror organisation that are wreaking (ISA), a law made to combat the rise havoc among innocent civilians; we of communists and eventually used to have witnessed the cruelty and apathy combat political dissent, carved its place of human traffickers exploiting those in Malaysian history and in the psyche who are vulnerable; we have witnessed of Malaysians. It has been three years the despair experienced by refugees since ISA was repealed and we can still who were within reach of safe haven feel its stranglehold on us. and yet denied entry; and we have also witnessed individuals, guilty and innocent Before Malaysians were given time to alike detained without trials on the assess the damage ISA had done to grounds of national security. our hearts and souls, we were caught unaware with the introduction of two So where does Malaysia stand in this new legislations that sought to replace swirling mass of cruelty and injustice? its predecessor. The Special Offences It is fortunate that we, Malaysians, do (Special Measures) Act 2012 (SOSMA) not find ourselves mired in sectarian and its younger sibling the Prevention violence. Neither do we find ourselves of Terrorism Act 2015 (POTA) came into engaged with ‘open’ warfare against existence with the same promises and terror threats. Despite our fortunate assurances their predecessor did and circumstances, we find Malaysian yet, it did not shake the popular belief politicians and ministers implementing that it is but a vengeful spectre of its legal mechanism that would grant predecessor, the ISA. governmental agencies power to detain a person without trial on the ground of terror threats and national security.

173 It was from these draconian laws that From the jungle to the streets Suara Rakyat Malaysia (SUARAM) awakened. For us to share SUARAM’s Despite the end of the insurgency in experience throughout SUARAM’s the late 1980s, ISA was not repealed. years of activism and campaigning, it Through subtle manipulation and is inevitable that we must look back at artificially manufactured justifications, what we have seen, what some have the ISA was eventually used to control experienced, and what others had to and curtail another threat against suffer in the long struggle against ISA. the Government of Malaysia. Before Without further ado, let us share our its demise, ISA was no longer an experience and struggle in Malaysia’s ‘innocent’ tool to combat threats to ignominious past. national security. It was a tool abused and corrupted to combat the threat of The ISA 1960 was introduced in an era democracy and civil activism against an when Malaysia was struggling against authoritarian regime. The ‘combatants’ 69 a communist uprising that sought to turned from gun totting guerrillas in the overthrow the State through violent dense jungles of Malaysia to voracious means and establish a communist consumers of writing instruments living Malaysia. In order to help suppress in the dense concrete jungle of modern communist combatants, the Prime Malaysia. Minister of the day put forward the ISA to help control and curtail the communist The darkest point of ISA was during threats that Malaysia experienced during Operasi Lalang71 – Weeding Operation the Malayan Emergency. – in October 1987. The rumour of ISA as a threat against political dissent was The shift in ISA’s ‘diet’ from terrorists no longer a threat nor a rumour. The to activists was not one that was ISA showed Malaysians and the world immediately apparent to most. In the its true colours as a tool to silence 70 early 1970s some politicians took dissenters. From politicians to academics notice of the ominous use of ISA to educationist; irrespective of one’s against political dissenters. Despite the background, those who were critical of suspicions, no further inquiries were the ruling Government of the day – or made as the Communist Insurgency perceived to be – were branded as a War was on-going and such laws threat to national security and swiftly were seen as a necessary evil in the dealt with by the Malaysian Special fight to preserve national security and sovereignty. 69 M. Ladd Thomas (2015), ‘The Malayan Communist Insurgency’, Asian Affairs 4 (5).

70 Statement made by Lim Kit Siang (MP for Bandar Melaka), Malaysian Parliament Hansard, 30 July 1971.

71 Aliran.com, ‘Operation Lalang Revisited’.

174 Branch – intelligence agency attached to ISA and for the immediate release of all Royal Malaysian Police. In many of the individuals detained under ISA. Despite cases of arrests during Operasi Lalang, the relentless effort put into fighting the the charges were ambiguous or an ISA, it took more than 20 years before outright fabrication made up by the Home the Government of Malaysia decided to Ministry in order to justify detention. Such repeal the ISA.72 impunity and blatant disregard for rule of law became the hallmark of ISA till the Between the years when GMI was day it was repealed. formed to the day ISA was repealed, mass arrests such as those during Suara Rakyat Malaysia Operasi Lalang were fortunately not (SUARAM) a common occurrence. For most part, ISA was not commonly used to detain The founders of SUARAM were but political opponents or dissenters. some of many that were arrested during Unfortunately, this record was tainted in 1998 during the Reformasi those dark days. Through the harrowing 73 74 experience they went through during movement and subsequently in their time detained under ISA, some of September 2008 with the arrest of Raja Petra Kamarudin, Teresa Kok them decided that it was necessary for 75 an organisation to champion human and Tan Hoon Cheng. The obscure rights and monitor violations of such and outrageous reasons given for their rights in Malaysia. arrests on both occasions – in the case of Tan Hoon Cheng, the reason With this idea in mind, the founders of for detention was allegedly her own SUARAM set out on their journey of protection – sent Malaysians reeling establishing the organisation. The early in fear of other mass arrests such as days of SUARAM were highlighted those witnessed during the dark days of with high profile involvement in cases Operasi Lalang. involving detention without trial. In time, and based on the experience SUARAM gained over the years, it was decided 72 Teoh, Shannon, ‘Najib Announces repeal of ISA, that such a mandate was no longer three emergency declarations’, The Malaysian sufficient. With this in mind, SUARAM Insider, 16 September 2011. expanded its mandate and sought to 73 The ‘Reformasi’ is the name given to a protest address all other violations of civil and movement that began in September 1998 political rights in Malaysia. throughout Malaysia.

In SUARAM’s early years, SUARAM 74 Symonds, Peter, ‘What Anwar Ibrahim means by “reformasi” in Malaysia’, World Socialist Web Site, played an active role in the Gerakan 26 November 1998. Mansuhkan ISA – also known as Abolish ISA movement or GMI – and 75 Walker, Rowan, ‘Malaysia blogger arrested for served as its Secretariat. GMI actively posting anti-government comments’, the Guardian, campaigned for the abolishment of the 12 September 2008.

175 Campaigning against ISA was put in place to replace ISA. This law we refer to is of course, SOSMA Despite such grim prospects, GMI and introduced in 2012 and its younger SUARAM were not as powerless as sibling, POTA which came in to force 76 it seemed. Throughout the years of on 1 September 2015. Lastly, even campaigning, GMI managed to secure though ISA is no longer a tool available the release of several detainees made to the Government, the Government under the ISA. They managed to still has other legal provisions that document incidents where ISA was used, allow detention without trial such as and publicised them in order to garner the Prevention of Crime Act 1959 public support and raise awareness and the Dangerous Drugs – Special regarding the use of ISA in Malaysia. Preventive Measures – 1985. These The highlights of GMI, and by proxy laws run parallel to SOSMA and POTA SUARAM’s success, came when GMI with a slightly different ‘target group’. In managed to organise an Anti-ISA rally conclusion, one could say that SUARAM that attracted 30,000 participants, which and the GMI movement were successful likely influenced the Government’s in putting an end to ISA, but experienced decision to repeal the ISA. Through limited success in combating detention its activities and campaigns, GMI also without trial in Malaysia. managed to garner support against ISA from the state legislature for Selangor The growth of SUARAM and Perak respectively. The support received was overwhelming with the While the limited success may be Perak state legislature agreeing to disappointing to those who have extend assistance to families of those sacrificed much of their lives to this detained under ISA and providing struggle, SUARAM, as an organisation, assistance in mobilising the 30,000 has learnt plenty and has gradually participants for the Anti-ISA rally. grown more adept in tackling issues pertaining to detention without trial. Ultimately, one could consider GMI and The greatest lesson SUARAM gained SUARAM’s campaigns as a success as throughout the ISA campaigns is it resulted in the eventual abolishment of reflected in the conduct of SUARAM in ISA in 2012 and the release of detainees the fight against detention without trial. over the years. Even so, we cannot claim With years of experience in working with our campaigns as an indomitable victory Government agencies – in some cases, for human rights for several reasons. against them – legal professionals and First and foremost, despite the success victims’ families, SUARAM was able to experienced throughout the years, the efficiently act as intermediary for all the ISA was still used by the Government parties involved and help facilitate the against political dissenters, as we have release of detainees, whenever possible. witnessed in 1998 and 2008. Secondly, despite the fact that ISA was repealed 76 Akil, Yunus, ‘Pota officially comes into effect’, in 2012, a similarly draconian law The Star, 1 September 2015.

176 The lessons SUARAM learnt in fighting headlines, doing so is sometimes ISA, and by proxy detention without trial, insufficient, as a single spike in public are not only applicable to its current interest does not necessarily equate campaign on ending all detention without with sustained public support. Sustained trial in Malaysia. With SUARAM’s public support requires a constant and expanded mandate to champion all never ending drive by the campaigners civil and political rights, and monitor in order to ensure that the issue receives all human rights violations, the lesson sufficient public notice and support. learnt from GMI have proven fruitful The other facet comes into play when a and served its participation in other campaign reaches its low point in public movements, such as Gerakan Hapuskan support. Akta Hasutan (GHAH, also known as The Movement for the Abolishment of the In all campaigns, there would likely come Sedition Act). The lessons learnt have a point where other pressing issues also better equipped SUARAM to handle or events would take precedent and issues pertaining to death in police push the campaign into the shadows. custody and other human rights issues While such incidents are sometimes prevalent in Malaysia. unavoidable, the campaigner or the organiser must act as the driving force Lessons from years of behind the campaign and ensure that the campaigning campaign will not flounder into obscurity. This is especially important in a Through the years of campaigning campaign that involves a myriad of non- against these draconian laws, SUARAM governmental organisations (NGOs), learnt that there were several important as was the case with the GMI. As each conditions that an organisation must NGO has their own mission and focus, it foster in order to achieve greater is likely that some NGOs will be unable success when championing their cause. to commit sustained support for a pro- First and foremost, the importance of longed joint campaign. In such times, the sustained public support is of paramount leading NGO must be ready and able to importance in any campaign. There are take the lead to ensure continuity and two facets to this. First, the organisation consistency. in question must ensure that there is visible public support and maintain a Secondly, international support and healthy pace throughout the campaign external pressure is indispensable in period. In the 2010s, the prevalence achieving the aims of some campaigns. of Internet has made outreach easier With the prevalence of the Internet, it is for most organisations, a luxury most relatively easy for anyone and everyone organisations did not have in the 1990s to get in touch with others abroad. and early 2000s. Building international awareness of an issue or incident is of utmost importance Perhaps due to the ease of making as it ensures that the issue or incident at hand is scrutinised by external parties

177 and generates pressure against the harassment. In 2012 when SUARAM instigator of an issue or incident. took active steps to pursue corruption allegations, related to Dato’ Seri Najib Further, many international actors Razak in the procurement of two document and report on the incidents Scorpene submarine, SUARAM was that take place in Malaysia. SUARAM ‘visited’ by various Government agencies has learnt the value of keeping an open for its activities.77 78 line of communication with these parties and ensuring that they are up-to-date Despite the harassment, it was on the incidents taking place and those perhaps a blessing in disguise, as that occurred behind the scene. With SUARAM learnt greatly from this ordeal information flowing both ways, all parties and established better standard of can provide adequate documentation procedures to handle such inspections and report to reflect upon when the time and investigations. We now know that comes. it is important that there are plans in place to ensure continuity irrespective Thirdly, information is a key currency in of Government interference. If such modern day activism. While it is unlikely interventions manage to shut down for any organisation or Government an operation, campaigns easily lose entity to effectively blockade the flow momentum and may cease to be of information today, dissemination relevant once the intervention ends. of false information can sometimes be far more effective, since it can The future of SUARAM twist public perceptions and, in some cases, demonise or weaken a cause These experiences SUARAM has gone or campaign. To combat this, we have through over the years have served learnt that campaigners and activists us well in our other projects and will must endeavour to provide accurate likely be equally helpful in our future and timely information and updates endeavours. When compared to what to relevant agencies or media, when other NGOs and activist may face in appropriate, to ensure a continued other troubled regions, our experience and consistent flow of information certainly pales in comparison. For with minimal chance of sabotage or those that find themselves in better misinformation. circumstances, our experiences may be difficult to relate to. Irrespective of Lastly, the greatest lesson we have our origins and current predicament, learnt throughout the years may be a little comical to some, but a grim 77 International Federation for Human Rights reality for others. As an organisation (FIDH), ‘Malaysia: Harassment against Ms. Cynthia that tends to highlight and challenge Gabriel, SUARAM Secretariat Member’, 13 August 2013. ‘sensitive’ and ‘volatile’ issues, campaigners and activists at SUARAM 78 K Pragalath, ‘CCM ‘raiders’ leave Suaram empty- naturally experiences occasional police handed’, Free Malaysia Today, 4 July 2012.

178 we believe that all NGOs and activists, regardless of their origins, can agree These are but some of the few projects to the importance of determination and activities in which SUARAM and perseverance in championing our collaborates with other NGOs in respective causes. Malaysia. While the success of these projects is still uncertain, we are With these in experiences in mind, where optimistic that our experience from our do we, SUARAM go in the future? The past endeavours will help us in making initial struggle of SUARAM has ended these projects a success. with a small victory for human rights, freedom and the organisation itself. Apart from our collaboration with our Unfortunately, when we take a step back esteemed compatriots, SUARAM to look at the bigger picture, we must persists in its efforts to monitor and admit that we have barely left the starting document violations of human rights in line when it comes to the struggle to Malaysia. While SUARAM may have realise human rights in friendly Malaysia. originated with the fight for civil and political rights, we can no longer stand With the multitude of human rights on the side line while other human rights violations in Malaysia, SUARAM cannot issues arise in Malaysia. To better serve operate in a vacuum while championing our country and community, we have human rights. To this end, SUARAM is therefore expanded our monitoring and actively working with other NGOs and documentation work in order to record activists in improving the human rights and document these issues. situation in the country. We believe that SUARAM still stands On the international front, SUARAM true to its ideals of its early days. The is the co-secretariat of the Coalition of grounds and tools have evolved over the Malaysian NGOs (COMANGO) and years, and SUARAM has likewise grown member of FORUM-ASIA. For those to meet the challenges of 21st century in unfamiliar to COMANGO, COMANGO Malaysia. In light of the recent arrests of is a coalition of various human rights Khairuddin under SOSMA79, it is clear NGO in Malaysia. COMANGO’s raison that there is still much to be done and d’être is to actively participate in the that it is unlikely that SUARAM’s struggle Universal Periodic Review (UPR) for civil and political rights in Malaysia process that Malaysia goes through will come to an end any time soon. As and to put forward recommendations per SUARAM’s motto, working for human to the Government in regards to its rights, we will continue our work with international obligations and ratifications diligence. So hopefully one day we will of international bill of rights. On the be able to look back with pride and tell domestic front, SUARAM is an active the world: ‘We played a role in creating a member of local coalitions such better Malaysia that is no longer tainted as Gerakan Hapus Akta Hasutan - with grave human rights violations’. Movement for the Abolishment of the Sedition act or GHAH. *** 179 Chew Chuan Yang is Documentation & Monitoring Coordinator for SUARAM ([email protected])

Sevan Doraisamy is Executive Director of SUARAM ([email protected])

79 Azhar, Alyaa, ‘Police, gov’t seek one month for Khairuddin’s Sosma hearing’, Malaysiakini, 30 September 2015.

180 181 ‘In some countries they are scared to talk about human rights, because the perception is different (..) with awareness raising we can explain to them that human rights is not what they thought it was (..) and then it will be more acceptable.’

Datin Paduka Hajah Intan bte Haji Mohd Chair and Representative of Brunei Darussalam to the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)

182 Examples of an Ongoing Struggle Stories from Ain o Salish Kendra (ASK), Bangladesh

By Aklima Ferdows Lisa, Media and ago. Based on its experience over this International Advocacy Unit, Ain o long period, it has learnt what building Salish Kendra (ASK), Bangladesh blocks it has to put in place to anchor the work it does. From its very inception Without laws and procedures that meet it has striven to remain deeply rooted human rights standards, the demands in the lives of people and in addressing by individuals and civil society fall their rights. on deaf ears. Conversely, the most enlightened body of laws and legal Even when it acts as a collective platform procedures become irrelevant when for reporting on the human rights individual citizens are unaware of their situation in Bangladesh to international rights and fail to claim them. Ain o Salish forums, or is called upon by regional Kendra (ASK) is an organisation from networks to assess the performance of Bangladesh committed to bring large- the National Human Rights Commission scale, comprehensive and sustainable (NHRC), or to comment on draft change in society. It aims to capacitate legislation proposed by the Government, society to understand, value, maintain its day-to-day insights into what is and protect human rights at the needed to create a human rights based individual, institutional and societal level. society are shaped by its first-hand experiences in 30 districts of Bangladesh The challenges in bringing through its programmes. changes Such embeddedness in the lives of When the culture of a given society ordinary people has helped ASK to considers women, ethnic and religious develop solid respect for the built-in groups as inferior, condones violence resistance offered by society to any and retaliation in personal as well as attempts to remould it. ASK is well aware social relations, or accepts corruption of the inherent resistance to change in law enforcement and the judiciary society and understands the crucial need as ‘givens’ of human nature, the most to balance its optimism with pragmatism, intelligent individual is constrained from patience and persistence. developing a robust sense of her or his own rights and the most ‘developed’ Society, after all, is a living organism with society is severed from notions of a life and momentum of its own. While equality and dignity of all citizens and the forever mutating and prone to assuming rule of law. new forms, it is, at the same time, indelibly resistant to external attempts to ASK was established almost 30 years transform it. Ever seeking to maintain its 183 integrity, a social system uses subversion serious threat to the citizens’ right to life to mock efforts to impose change. and liberty in Bangladesh. Human rights defenders (HRDs) have been deeply Attempts to emancipate women from concerned because State impunity given confinement of the home and the to perpetrators undermines the rule of ‘shadow economy’ of home-based, law and the system of justice. socially undervalued economic production, and old forms of gender ASK’s Units have contributed oppression metamorphose to assume collectively to a multi-pronged campaign new forms—stalking, which leads some to challenge the impunity of law women to suicide, sexual harassment enforcement agencies in the courts at the workplace that prevents women by: filing writ petitions; investigating from taking the initiative in suggesting allegations of extra-judicial killings innovation, or the segregation of women or disappearances; researching, into positions with low decision-making documenting and monitoring human powers and remuneration in august rights violations; and publishing articles firms and gleaming corporations. Stop in the media, in its quarterly bulletins child labour and soon young girls find and in its annual human rights reports. themselves driven into the sex industry. ASK members and staff have raised Introduce new technologies in hopes of the demand for judicial redress on TV opening up new portals to vast stores of talk shows, in website publications, knowledge and information for children, international seminars, conferences, etc. and society seizes the same technology Reports have been sent to UN Special to spawn child pornography and Rapporteurs and other international addictive video games. organisations, and have been included in the Universal Periodic Review (UPR) ASK’s efforts Reports submitted in 2008 and 2012.

ASK works on a variety of issues, • Ray of hope after a prolonged nightmare through different programmes and on different levels. To be able to better Limon Hossain, a 16 year old student understand what it does, the following was shot in the leg by personnel of section will introduce different strategies the Rapid Action Battalion (RAB) on that ASK undertakes combined with 23 March 2011, while he went to fetch specific examples of particular activities. family cattle from a field near his house in Sathuria village, Rajapur Upazilla, • Ending impunity and promoting access Jhalakathi district. He was rushed to the hospital and survived. However, four to justice days later his leg had to be amputated

at the Dhaka National Institute for Reports of extra-judicial killings by law Traumatology and Orthopaedic enforcement agencies over the last two Rehabilitation, as the tissue was too decades and enforced disappearances damaged due to excessive bleeding in the last couple of years have posed a 184 caused by delay in treatment after the On 5 May 2011 a High Court bench shooting. granted bail for six months to Limon related to the case of arms possession, However, on 23 March 2011, the RAB following a bail petition filed by ASK. filed two cases against him: one for At the same time it directed the possession of arms; and another for Government to arrange his treatment at obstructing law enforcement in their one of the country’s best hospitals as per duties, as well as for attempting to Limon’s choice. On 22 August 2012, ASK murder and injure RAB personnel. demanded immediate, an impartial and judicial inquiry on Limon’s case through Limon’s mother, Henoara Begum filed a a statement. It argued that if Limon did First Information Report (FIR) – a written not get justice, it would set a negative document prepared by the Police upon example in society and frustrate the receiving information on the commission nation’s aspirations for democracy. ASK of a cognisable offence – on 10 April highlighted the importance of promoting 2011 with the Police, accusing six and protecting human rights and members of the RAB-8 Unit of shooting particularly the constitutional right to life her son. When Limon’s mother tried to and equality under the law. ASK along file her complaint against the RAB, the with HRDs from the Jhalakathi district police did not register this until the court and other support groups provided legal ordered them to do so. The Director aid, medical and other support to Limon General of the RAB issued a statement Hossain in his fight for justice. on 11 April 2011 admitting that Limon had been shot accidentally. Then after Finally on 10 July 2013, the Government over a year of delay, the investigation decided to withdraw the two cases filed report of the Police in Henoara Begum’s by the RAB against Limon Hossain and case – the case filed by Limon’s mother issued a gazette notification on 11 July – absolved the RAB from responsibility in 2013. On 30 July 2014, a Judge of the shooting Limon. Jhalakathi Special Tribunal-2, accepting the appeal of the prosecution, ordered to The Government formed five drop the charges against Limon in GR-45 investigation teams, but none of the (Tribunal case no. 9/11) lodged under reports were made public. In the police sections 19(A) and 19(F) of the Arms Act. investigation, Limon and his family On 16 October 2014, the Court of Chief were not interviewed or questioned by Judicial Magistrate, Jhalakathi District concerned investigators. After delayed dropped the charges against Limon submission of charge sheets and Hossain in the other case filed by RAB. numerous postponed court hearings, The court decision came 15 months after 18 months later the police investigation the Government decision to withdraw report cleared RAB personnel of their both the cases filed. Limon Hossain involvement in the case citing that there is now a student at the Law Faculty at was no evidence. Gana Bishwabidyalay in Savar.

185 • Improving Institutions and, although called upon to provide protection to the women, the police One conduit for ASK’s advocacy for added to the tensions by conducting legal reform is through exchange in several raids on the brothel. ASK and public forums, both domestically and BLAST filed a petition, on 11 April 2013, internationally. This form of advocacy citing that the actions of the community involves participating in discussions violated sex workers’ rights to life and pertaining to human rights issues liberty, to the protection of the law and and legal reforms. Participation is equality before the law. The High Court done through: seminars, roundtable ruled in favour of the complainants and discussions, articles and books; harassment stopped temporarily. proposing and drafting improved laws; commenting on new laws or Four months later, the brothel was again amendments drafted by the Government besieged and the sex workers were or proposed by other organisations; forced to flee. (Writ Petition 3841, 2013). class actions monitoring human rights ASK and BLAST promptly swung into violations; disseminating reports on the action to file another lawsuit, arguing human rights situation; and appeals for that the eviction of the sex workers was support from domestic and international in contempt of the Court. Judgment on HRDs to protect specific victims of the second petition is still pending. (Writ human rights violations. In addition to Petition 4390, 2013) exchanges in public forums, ASK is able to use Public Interest Litigation (PIL) as • Enabling the Individual part of its human rights advocacy. ASK’s aims to create a society that • Defending the Rights of sex workers to demands the promotion and protection Life, Liberty, and Equality before the Law of human rights based on the values of the people and the contributions they In April 2013, ASK and the Bangladesh make, and upon awakening them to a Legal Aid and Services Trust (BLAST) sense of their own rights, entitlements, joined forces with the Sex Workers responsibilities and power. To attempt to Network of Bangladesh to stand by the do so in a country like Bangladesh is no side of 500 sex workers from Madaripur small feat. Brothel. Although the sex industry is not illegal in Bangladesh, the women were HRDs talk about every individual’s besieged by unknown community groups intrinsic right to life, inherent right to and individuals who threatened them dignity, and innate right to equality and to with eviction if they continued their trade. equal treatment under the law. However, Large bill-boards were placed at the the everyday experiences of ordinary premises of the brothel that prohibited people give evidence of the inborn gaps clients from entering the brothel that undeniably exist between men between sunset and sunrise. Clients and women, rich and poor, electors were harassed in front of the brothel and elected, populace and proshashon

186 (Government), child and adult, majority Shushmi eventually arrived at an ASK and minority Bangladeshi, which leave clinic and began to gain some clarity them feeling empty and powerless. about her situation. While human rights activists proclaim the benefits of free speech and free Even though she could not bear to think press in society, the vast majority are too of being pushed out of marriage, it was occupied with simply having enough to important to keep calm and make sure eat and ensuring a somewhat better life that she made arrangements for her for their children. husband to pay for child support and the kabin (dowry) promised to her when she • Towards that First Protest Rally got married.

Shushmi, around 20 to 22 years of age, ASK sent a written notice to the husband arrived at one of ASK’s legal clinics in to come for mediation, but he did not Dhaka. She was a broken woman, who respond. After making phone calls to needed help with what turned out to be a him, he balked and stopped picking up divorce. When offered a choice between calls. At the end, ASK was forced to court proceedings and mediation, contact his employers and seek their Shushmi was adamant in her refusal of cooperation in ending the stalemate. The the former. Courts were public places employers obliged, the mediation took and would expose her to public ridicule. place, and the husband agreed to pay According to her, a divorce meant the the dowry in full, and provide an amount ultimate failure for a woman. In her for child support each month. case, the shame was even more acute because it was not her but her husband In late April of 2013, Shushmi happened who wanted to end the marriage. to drop-in at ASK when she overheard staff talking about preparations for a Three months into her pregnancy she mass rally and immediately announced discovered that her husband was having she wanted to join. The rally was being an affair with another woman and her organised by women’s groups to protest world came tumbling down around an announcement by Hefazat-E-Islam her. Then began months of torment. that it sought the repeal of the National Her husband stayed away from home Women’s Policy, which affirms women’s long into the night and on weekends. rights to education and employment. On Communication ceased between them. 1 May 2013, Shushmi joined hundreds Occasionally, when they talked they of women at the Press Club in Dhaka. used to quarrel and Shushmi was beaten She watched some women as they by her husband. Devastated as she stood under an 18 feet banner calmly was, Shushmi could not even think of declaring: ‘We want a non-communal, a divorce and chose to close her eyes democratic Bangladesh that can ensure instead. She kept them shut until the day equality of men and women.’ her husband announced that he wanted to divorce her. Not knowing what to do, Shushmi has now started to work at a

187 commercial bank and earns enough to is to become a doctor and earn enough be able to bring up her child by herself. to take her family out of poverty.

• ASK Drop-in Center gives children a Thanks to the many meetings and new life workshops her mothers have attended, they too have grown. They see Tanya Tanya, age 15, attends classes at a differently now. They used to think a regular school and lives at home with daughter was a burden and constantly her father and his two co-wives. Her talked about marrying her off, as they father used to pull a rickshaw, but is now had done with her older sister when she too weak and disabled to work. Despite was still a child. Now, her mothers do not the hardship, relations in her home are mention marriage to Tanya. Instead, they warm. While she is the daughter of the tell others how, one day, when Tanya younger wife, Tanya talks affectionately becomes a doctor, there will be such a about her Boro Ma (senior mother), who difference for the way the family lives. she describes as being supportive to her own mother and older sister, who was Ain o Salish Kendra (ASK), as a human married off at an early age. rights and legal aid organisation, is trying to make all efforts to attain its goal to see Tanya joined a ASK Drop-in Centre in the human rights culture strengthened 2010 when she was in Class VI (six). in Bangladesh, which would truly open She was attracted by the art lessons – the avenue for access to justice and classes in singing, dancing and drama enjoyment of equal rights irrespective of offered by the Centre. She admits that one’s identity. The establishment of the the Drop-In Centre has taken her by rule of law and practices of democratic surprise. She had expected to have norms still remain a big challenge in fun, but had had no idea that she also ASK’s endeavours. However, with the would learn so much about things trust and support of the people, ASK normally taught in regular schools. She is hopes to bring a visible and viable especially surprised that the Centre has change in the prevailing condition. taught her so much about science and now she dreams of parlaying that into *** becoming a medical doctor.

She says that the Centre has brought about immense change for her. Not only did it find someone to sponsor her education at the school she attends, but it has given her things that elude most schools. It has given her joy and the confidence to hope, to expect that she can get more out of life than what she earlier had wanted. What she wants now

188 Aklima Ferdows Lisa, Media and International Advocacy Unit, Ain o Salish Kendra (ASK)

Aklima Ferdows Lisa is the Senior Program Organiser at Media and International Advocacy component of Ain o Salish Kendra (ASK) – a human rights and legal aid organisation in Bangladesh, which is a member of FORUM-ASIA. A significant proportion of her work involves the coordination of ASK’s media advocacy and liaising with international counterparts.

Lisa has studied law and works intensively to promote the use of Human Rights Mechanisms, both at the national level (Executive, Parliament, Judiciary and NHRC) and at the international level (United Nations Human Rights Council, Treaty Bodies, and Special Procedures).

189 190 191 ‘If we are talking about human rights, we are talking about risks, if we want to defend and protect victims we should also be ready to face the consequences.’

Jose Pereira Legal Researcher, Judicial System Monitoring Programme (JSMP), Timor-Leste

192 On Solving an Armed Conflict through a Peace Dialogue The story of Aceh

By Juanda Djamal, Secretary General, (1872-1903, 1903-1942 and 1942-1944), Acehnese Civil Society Task Force, and the struggle of Darul Islam (1953- Indonesia 1963). In 1976, Gerakan Aceh Merdeka (GAM or the Free Aceh Movement) took The most recent instability and armed up its arms against the authoritarian conflict tormented Aceh, a province of leader in Jakarta, Suharto. GAM Indonesia, for almost 30 years. The originally demanded independence from armed struggle affected, and even killed, Indonesia. The resulting armed conflict many civilians who were not part of the would last till 2005, and end with greater insurgency, destroyed social structures, autonomy for Aceh, while still under education prospects, employment Indonesian rule. opportunities and much more. The impact of years of armed violence The declaration of Aceh as a Military resulted in a lost generation in Aceh. Operation Area (Daerah Operasi Militer, DOM) in 1990 showcased the Efforts by civil society – locally, nationally dominance of the Military in policy and and internationally – to end the armed decision making during the Suharto conflict started at the height of the regime. This was not only happening conflict, known as the Daerah Operasi in Aceh, but also in Timor-Leste, West Militer (DOM or Military Operation Area) Papua and other places in the country. era and continued under the post- However, the situation in Aceh was Suharto regimes. particularly bad. Amnesty International estimates that in the period of 1989-1998 The peace agreement of August 2005, at least 12,000 people were killed in known as the Helsinki Memorandum of Aceh as a result of DOM.80 Many victims Understanding, paved the way for the were civilians who suffered serious more than five million people living in human rights abuses, such as summary the province to acquire prosperity and executions, torture, extra-judicial killings, justice. Yet, a decade later much remains rape, and much more. to be done to truly assure lasting peace for the people of Aceh. The human rights abuses became public knowledge after several reports The armed conflict were published, based on investigations undertaken by national and international Aceh has a long history of resistance, human rights organisations, such as dating back to their fight against the Human Rights Watch (HRW), Amnesty Portuguese (1500-1614), the wars International, FORUM-ASIA, Indonesian against the Dutch and the Japanese Legal Aid Foundation (YLBHI), the 193 Indonesian Institute for Research and part of this process, Habibie revoked the Community Advocacy (ELSAM), the DOM status of Aceh in the beginning Commission for the Disappeared and of August 1998. Habibie fundamentally Victims of Violence (KontraS) and changed the way Jakarta dealt with the Indonesian Legal Aid and Human Rights insurgency, including acknowledging the Association (PBHI). These, and other existence of GAM. Part of this was a nine groups, like Initiatives for International priorities proposal, which emphasised a Dialogue (IID), Tapol, International Forum dialogue approach.81 for Aceh (IFA) and Support Committee for Human Rights in Aceh (SCHRA), After DOM was revoked and the played a crucial role by supporting demobilisation of the Indonesia’s Army national and international advocacy on Special Forces (Kopassus) started, the human rights violations in Aceh. victims of the period began to demand accountability from the Government For example, groups in Aceh would and that human rights abuses be undertake efforts to monitor the situation investigated. The people stood up to the and collect data and information. Government and called for the release of However, soon it became apparent all political prisoners. that the local groups needed further investigative skills, which is why in 1998, 80 Amnesty International, ‘A “lost decade” for KontraS Jakarta facilitated a training in victims of Indonesia’s Aceh conflict’, 13 August investigation skills in Aceh. Afterward, the 2015. data and information would be distributed 81 Habibie’s nine points of policy to solve the to national, regional and international conflict in Aceh: (1) to continue the program on partners to be delivered to Governments, those political prisoners that were involved in Parliaments, the Association of political activities in 1989-1998; (2) to ask the local Government to unearth the mass cemetery Southeast Asian Nations (ASEAN) and of victims in DOM and grant them burials many other institutions. Civil society according to Islamic rules at the expense of organisations (CSOs), like FORUM- the Government; (3) to give aid in the form of ASIA, played an important role in raising scholarships to orphans, to give business credit, capital or other forms of aid to widows, victims of public awareness and international rape, the disabled and others in need of social lobbying. rehabilitation; (4) to rehabilitate and reconstruct community buildings used by the Military during DOM, including compensation for the mental The path towards peace talks and spiritual impact; (5) to improve the quality of education in Aceh, including changing the status In 1998 Suharto was forced to step of the 85 madrasah from private to government down. Habibie, his Vice President, took management, to provide sufficient facilities, especially to Madrasah Aliyah, to provide the land over the Presidency. The new national for the practicing of skills to Unsyiah, IAIN and leadership’s number one priority was boarding schools; (6) to re-construct the train line regaining political stability. President in Aceh; (7) to develop the integrated economic Habibie committed to democratising development areas of Sabang; (8) to extend the run-way of Iskandar Muda airport; and (9) to Indonesia and encouraging both good recruit 2,188 children of victims of DOM as officers governance and decentralisation. As without any testing.

194 The student movement that proposed Jafar Sidiq, an Acehnese human rights a non-violent approach was particularly defender (HRD) spoke at the United crucial in this period. Some of the groups Nations (UN) in New York on Human involved were the Student Solidarity Rights Day, 10 December 1998. The for People (SMUR), the Aceh Student speech became a symbol for the Front for Reform (FARMIDIA), and Aceh movement for the promotion of human Student Action for Reform (KARMA). rights in Aceh. On 12 December 1998, Aware of the opportunity presented it was followed by the first international by the collapse of the Suharto regime, conference on Aceh, organised by the they demanded change. They did so Aceh Forum of New York (AFNY) in through mass demonstrations and collaboration with a Burmese CSO, mobilisation, hungers strikes, seminars the Years of Living Dangerously: The and conferences, press statements, Struggle for Justice in Indonesia. One of and much more. The student movement the outcomes of the conference was the demanded three things: 1) to end the establishment of the International Forum status of DOM; 2) the release of political for Aceh (IFA).83 prisoners; and 3) an investigation into human rights abuses committed during To support the initiative at an the DOM period.82 Part of the success of international level, Acehnese human the movement stemmed from the support rights groups, like LBH Banda Aceh, it gained from other groups, including KontraS Aceh, Koalisi NGO HAM, academics. Flower and the student groups mobilised demonstrations to stop the violence. The DOM resulted in severe human Student posts were established in rights abuses in Aceh. The National several places to provide information, Commission on Human Rights collect data, and undertake public of Indonesia (Komnas HAM), the awareness activities on human rights. Indonesian House of Representatives, Of course, the role of national and and several non-governmental international organisation, such as organisations (NGOs) established an YLBHI, HRW, FORUM-ASIA and independent investigation team. Their Amnesty International, was very primary focus was to do an in-depth important in the investigation of the investigation into the serious cases of human rights violations. Some of them human rights abuses during the DOM already became involved in 1990.84 period. NGOs in Aceh, in the meantime, established Forum Peduli Hak Azasi In July 1999 the IFA, supported by Manusia Aceh (FP-HAM). In fact, many FORUM-ASIA, organised another groups conducted investigations to get meeting, this time in Bangkok. The data and information on the human meeting recommended the establishment rights abuses. It contributed to a change of an international solidarity network in public opinion, determination to gain for Aceh. FORUM-ASIA took on the justice for victims, and the realisation of role of assuring the establishment of the importance of preventing violence. the Support Committee Human Rights

195 for Aceh (SCHRA). Its members were by lobbying and organising meetings, NINDJA in Japan, FORUM-ASIA and seminars, conferences and even helping IID for Southeast Asia, Tapol for Europe Acehnese activists to enhance their and HRW for the United States of capacities. America (USA). On 15-16 January 2000 a SCHRA conference was held at the From Habibie to Gus Dur Universitas Syiah Kuala (Unsyiah). The conference discussed the situation in In October 1999 President Abdurrahman Aceh in a comprehensive way and how Wahid (Gus Dur) became the first 85 to relate to the international level. elected President after the Suharto period. Gus Dur continued Habibie’s The meeting in Bangkok, in July 1999, radical policy related to Aceh. He allowed provided an early opportunity to give for international involvement in the input to negotiations between GAM facilitation of the peace negotiations and the Government of Indonesia, between GAM and the Government who were represented at the meeting of Indonesia. Gus Dur agreed to by five Acehnese from the Desk Aceh. appoint the Henry Dunant Centre for Although the representative from Humanitarian Dialogue (HDC), a Geneva GAM could not attend in the end, the based organisation, as facilitator.86 The recommendations from the meeting HDC played a crucial role in convincing were particularly important to push for the GAM leaders to accept the proposal and influence conflict resolution in Aceh through negotiation and peace dialogue. The Bangkok meeting really contributed 82 The student movement to demand three issues to develop the peace road map for led by SMUR on hunger strikes in Syiah Kuala Aceh, it was a strategic initiative of IFA University, on 8-22 June 1998. and FORUM-ASIA to support peace in Aceh, instigated by people like Chalida 83 The three mandates of IFA, were 1) to accumulate and mobilise global solidarity in order Tajaroensuk. to support and respect human rights, in particular in Aceh, 2) to initiate various efforts towards the The establishment of IFA and SCHRA recovery of those affected by human rights abuses supported the advocacy on human in Aceh, as well as, 3) to seek the empowerment and improveemnt of the quality of life of the widows rights abuses in Aceh at the international and orphans of victims during the DOM period. level. Some of the organisations on the inside, like People Crisis Centre (PCC), 84 Human Rights Watch, director of Asia division Jaringan Pemantau HAM (Legal aid led by Sidney Jones did an investigation on human rights abuses in 1990 with Hendardi from YLBHI, foundation Banda Aceh) and KontraS source of information from Koalisi NGO HAM. Aceh, were taking up strategic roles to provide data and information for these 85 Invitation letter prepared by Farmidia, Nomor. international campaigns. Meanwhile, on 86 Henry Dunant Centre started to communicate a national level, groups like KontraS, with the Government of Indonesia after they did an YLBHI, ELSAM, Kalyanamitra and other in-depth assessment of the chances of a dialogue organisations did very important work between the Government of Indonesia and GAM.

196 of a dialogue approach to solve the Return to martial law conflict in Aceh. After the Suharto regime collapsed in In spite of the high pressure, the HDC 1998, the political situation in Indonesia succeeded in convincing both parties to initially got a lot worst and became very sign a first agreement, the Humanitarian unstable. Both President Habibie and Pause. It reflected the view of both President Gus Dur played important parties that humanitarian emergency roles to strengthen the democratic response was urgent, particularly for foundations of the country. Both the victims of the conflict and internally contributed to the eventual solution of the displaced persons in Aceh, which was a armed conflict in Aceh. group of about 250,000 at the time.87 When Megawati Sukarnoputri became The dialogue process continued in the President in 2001 though, she took a form of Peace through Dialogue, in which very conservative approach to the peace both parties agreed to a cessation of process. She did not manage to sustain hostilities. The interest of both parties the talks, in part because she was was very strong, even though the strongly influenced by the Military and political changes at the national level did ultra-nationalist groups. The situation impact the peace dialogue.88 Finally, on escalated in Central Aceh90, which was 9 December 2002 both parties agreed the reason for a meeting in Japan. But to sign the agreement on the Cessation the meeting failed. So on 19 May 2003 of Hostilities in Aceh (COHA), which President Megawati decided to return to focussed on efforts to create peace a military power approach and to impose zones, a ceasefire and a further process martial law.91 All negotiators representing to solve the conflict. Both parties agreed GAM were detained, and the Military to prioritise the involvement of civilians. took control of the area once more. For the implementation of the COHA, The peace agreement Acehnese CSOs organised themselves through the Acehnese Civil Society Task The earthquake and tsunami on Force (ACSTF) to facilitate meetings to 24 December 2004 created a new attempt to understand and criticise the opportunity to continue the peace COHA. HDC facilitated the civil society dialogue between the Government and leaders to be involved in formulating the GAM. The same year President Susilo All Inclusive Dialogue mechanism. To Bambang Yudhoyono (SBY) and Vice support the implementation of COHA, President Jusuf Kalla took office. SBY FORUM-ASIA, ACSTF, KontraS, and and Kalla realised that the international LBH Banda Aceh agreed to establish the community demanded security to Civilian Peace Monitoring Team in Aceh be guaranteed for the distribution of 89 (CPMTA). humanitarian aid.92

The Crisis Management Initiative, a

197 non-profit organisation, led by former in developing the advocacy agenda President Marti Ahtisari of Finland, was needs to come from the affected invited to facilitate a new round of talks people themselves. They need to set right after Aceh was hit by the tsunami. and develop the agenda for change, After five rounds of negotiations, the decide on the strategies, targets, vision Helsinki Peace Agreement was signed and long-term plan. Particularly when on 15 August 2005. It was a political it comes to monitoring the situation, consensus between the Government investigating violations and abuses, of Indonesia and GAM, dealing among and campaigning, solidarity and support other things with the development Aceh from outside can be used strategically. post-war.93 The adopted agreement International solidarity networks can included substantial content on the law lobby and pressure the decision makers that would need to be drafted on the in their own countries and regions to Governance of Aceh. The draft was respond to humanitarian tragedy and approved by the Indonesian Parliament human rights violations, as happened in and signed by the President on 1 August Aceh. These kind of activities became 2006. particularly important when the power of the Military created great pressure on Role of external partners HRDs.

87 According to a report submitted by the People The role of the international community, Crisis Centre (PCC) in 2000. including the European Union (EU), the USA, Japan, and the countries of the 88 The impeachment of Gus Dur in 2001 negatively Association of Southeast Asian Nations impacted the peace dialogue process in Aceh. (ASEAN), but also of CSOs was of 89 FORUM-ASIA and CPMTA were actively involved tremendous importance to the peace in monitoring and investigating human right process. It marked a new chapter in the violations during the implementation of COHA. history of local and international efforts 90 Militia groups burnt the joint Security Council for peacebuilding. and HDC office in Aceh Tengah, it was a spoiler to provoke the situation and resulted in a deadlock Most interventions during military during the peace dialogue in Japan. rule were aimed at mobilising global 91 Most of the victims were civilians. KontraS solidarity, to monitor and advocate about reported about 2,000 civilians killed under martial the human rights abuses. Organisations law. such as Human Rights Watch, Amnesty 92 International and FORUM-ASIA SBY and Jusuf Kalla, President and Vice President, had both already been involved in were very important to pressure the solving the conflict in Aceh during the Gus Dur era. international community on the reality of SBY was responsible for managing the Desk Aceh the military rule. related to security, while Jusuf Kalla handled social prosperity for the Aceh Desk.

Of course, building solidarity from 93 The Helsinki peace agreement dealt with six outside was not easy. It needed to be important issues, including the Governing of Aceh, initiated from inside. The main lead human rights, and amnesty.

198 The role of FORUM-ASIA Arief Rusli, was FORUM-ASIA staff. The secretariat was based in Aceh itself, FORUM-ASIA was one of the CSOs hosted by the Acehnese Civil Society actively involved. During martial law, Task Force (ACSTF). FORUM-ASIA facilitated several capacity building trainings, among others on After the earthquake and tsunami, human rights monitoring for youth, who FORUM-ASIA was involved in monitoring had to replace experienced activists the rehabilitation and reconstruction that had to go into exile. This effort process. It tried to make sure that the was combined with assistance to those humanitarian aid from the international activists that needed to be evacuated. community was going to the survivors of FORUM-ASIA received regular updates the tsunami. on the victims of human rights violations. Five of them were protected and Lessons learnt accompanied by FORUM-ASIA until they were officially recognised by UNHCR There are several lessons learnt, based and received asylum in other countries. on the experience of Aceh, that could be valuable for other places that face armed Chalida Tajaroensuk, staff member of conflict, peace dialogue processes and FORUM-ASIA at the time, used her post-conflict situations. own experiences with advocating on human rights abuses to support CSOs • The important role of civil society in Aceh. All data and information that was received from partners in Aceh and In Aceh the vibrant civil society groups Indonesia was used to develop advocacy that advocated for conflict transforming materials to influence public opinion in through concrete action, were the drivers the ASEAN region and beyond. behind the changes in policy of the Government. The Acehnese civil society Other activities included improving the became the main actor to build peace. understanding of Acehnese HRDs of It was the people who lobbied both international human rights instruments parties to stop the military approach and through a short course at Chulalongkorn violence.94 They could do so because University in Bangkok. It helped the they were supported by CSOs on the Acehnese in developing their strategies national, regional and international level, towards UN Special Rapporteurs and through capacity building and advocacy other relevant UN institutions. support.

The Acehnese CSO, Organisasi If the main actor in changing a conflict Masyarakat Sipil, cooperated with situation is civil society, the need for FORUM-ASIA to initiate a civil society CSOs to be strong, knowledgeable and monitoring team. It was called the creative becomes obvious. If civil society Civilian Peace Monitoring Team in Aceh is weak, little will change. Civil society (CPMTA). The coordinator of CPMTA, needs to be empowered, strengthened

199 and consolidated. Their social capital • Importance of communication needs to be resourced to become a power for change. One of the biggest challenges, when advocating for conflict resolution as a The experience of consolidating of the means to solve situations like in Aceh, Acehnese CSOs was a great learning is establishing communication among process, not just for Aceh but for the stakeholders. Aceh was almost regional and international groups as completely isolated from foreigners and well. The process went through different mass media. This was a direct result of stages. The initial facilitation to develop military rule, both during the DOM times strategies and activity plans. The in 1987-1998 and under martial law in cultivation of awareness among student 2003-2004. Resolving this was crucial for groups, NGOs, peoples and community the peace process. organisations, and many more. But also the consolidation of the different views • Recognise and respect the different on the referendum movement, some pro- stages of the peace process independence and some pro-autonomy, which needed to be mediated to The cessation of hostilities is a stage understand each other without hostilities. of the peace negotiations that turned out to be incredibly volatile, particularly In particular, the human rights after the signing of the Humanitarian organisations in Aceh were crucial. They Pause and the Peace through Dialogue. monitored, investigated, campaigned, Understanding the challenges of the and accompanied the victims of human different stages, also those that follow rights violations, both during and after after the cessation of hostilities, and the DOM period. The accompanying of respecting what needs to happen to victims was very important, because build the fundaments for eventual peace, most of them were severely traumatised, requires time and effort. particularly those that were raped.95 • Influence of the broader political context However, civil society had its weaknesses too. It had difficulties Dialogue was a key word in mobilising in ensuring national stability when the conflict resolution process in Aceh. advocating for the continuation of communication between the central 94 On July 27, 1998, the Solidarity with Victims of Government and that of Aceh. Also, it State Violence (SKKN) met with the ABRI-Fraction to demand them to push the TNI commander had limited resources to monitor the to make an effort to solve the conflict in Aceh Military and the police during the post- through negotiations, because the violent military conflict period. It made it clear, once operations were resulting in greater support for again, that support between Acehnese GAM. and national CSOs remains crucial to 95 The fact-finding team on human rights violations ensure national political stability in the in Aceh uncovered 6 cases of rape in Samalangan future. District, the victims were Kartini, Syam.

200 However, it depended heavily on and developing political will are key the national political situation. When components to such a process. The Indonesia became more democratic, the dialogue and negotiation process was national policy towards Aceh improved happening both in a top-down and too, but when the Military regained bottom-up manner to make sure all more influence, the situation in Aceh stakeholders were heard. worsened. The role of the mediator is extremely • The importance of advocacy on human significant. The mediator needs to know rights abuses when to push or when to step back. To facilitate, mediate and bridge the The hard work of HRDs in monitoring, interests of both sides. collecting data and investigating cases of human rights violations became Still, in spite of significant efforts from very important when pressuring the many parties, the talks failed and Government. Particularly to gain the the peace process collapsed before political will of the Indonesia Government an eventual agreement was signed. to solve the armed conflict in Aceh Unfortunately that is almost inevitable. through the peace dialogue. Dialogue processes are neither straight forward nor linear. They go through ups The effort to investigate the human rights and downs, steps forward and steps abuses was done by local, national back. But in the end it is all worth it. and international groups. Actually, the available data was not only sufficient • Unexpected allies in term of advocacy, currently Komnas HAM is building cases of five serious Acehnese civil society activists human rights abuses committed during a became involved with the Reformasi military operation, as explained by Otto Movement on the national level Syamsuddin Ishak.96 through influencing the national political agenda, building networks The other agenda priority of local and even formulating a common groups was the set-up of a Truth and national plan on democratisation, law Reconciliation Commission. Although enforcement, human rights, justice and it has not been implemented yet, the political decision to do so has been 96 Including torture that occurred between 1997 taken. and 1998 at Rumoh Geudong , a tactical post of Indonesia’s Army Special Forces (Kopassus) in • A dialogue is not a linear process Pidie district; the Simpang KKA incident in May 1999 when the military opened fire on hundreds of protesters in North Aceh district; the 2001 Bumi The process that is described above Flora massacre in Eastern Aceh, which left at least illustrates the different stages that 31 dead; a mass grave which was found in Bener the dialogue process needed to go Meriah district in 2002; and the 2003 Jamboe through to find a solution. Trust building Keupok killings in South Aceh district.

201 development. So, when the Acehnese development programmes have, to some activists enhanced their advocacy on extent, still not managed to truly improve the problems in Aceh, Jakarta based the economic growth, democracy, good networks, colleagues and partners were governances, and other development ready to support. The role of national needs. Challenges related to transitional networks was important to maintain justice and sustainable positive peace political stability, regulation and pro- remain. society policies, and even to influence the national leadership. The data and documentation related to the process, including photos, videos, • Work on all levels, national, regional and and important papers, are scattered international. among different stakeholders. The effort to bring it all together, for example in a The involvement of supporters on the museum or archive, has not been made. national, regional and international level Both the Acehnese people themselves, was crucial overall, but particularly when and those that are still suffering from it came to advocacy on humanitarian armed conflict in other areas of the emergency responses, human rights world, would like to learn from what abuses, and conflict resolution through happened, but the Government of Aceh peace dialogue. has not been able to provide for that. To gather the lessons learnt, for example The solidarity network was a source of through a Conflict and Peace Knowledge power to push both parties to negotiate. Centre (CPKC), is very important, It was also a source of support for in particular managing the data and Acehnese HRDs, for inspiration, information from the DOM period, learning, emergency assistance and the conflict transformation phase, the much more. Building, strengthening and dialogue and negotiation process, and working through such a network is one of the post-conflict situation. the main positive lessons learnt from the Aceh process. After the agreement

• The difficult part starts after the signing Ten years after the signing of the of a peace agreement peace agreement, there are many achievements that can be seen, related While finally reaching the peace to: socio-economic development; agreement was undoubtedly a long and democracy; civil society; law hard process, that was the result of many enforcement; human rights and security; sacrifices, hard work and incredible and good governance in managing dedication by many, to some extend the resources and delivering public services. difficult part of peacebuilding started after These improvements have been crucial the signatures were dry. for the social well-being in Aceh.

Ten years of peace, and the post-conflict But there have been challenges too.

202 The implementation of Law number -- The problems described have been 11/2006 on the Governance of Aceh added to those that emerged already (LOGA), a continuation of the political during the armed conflict, many of agreement focussed on the recovery and which were never solved. This has reconstruction of Aceh, has been difficult. led to an accumulation of problems. Some of the outstanding issues are as The failure to establish a Truth and follows: Reconciliation Commission and Human Rights Court seems to be -- The leadership of the Government caused by a lack of commitment has no budget policy on targets, the to support sustainable peace by control system for the implementation Members of Parliament.97 of the programme was not as planned, and there has been little The process to realise transitional justice creativity on how to increase income. is still not clear, this is caused by the The availability of budget has been lack of a road map of the Government not able to accelerate economic on peacebuilding, which would include growth, and funnelling of funding justice for victims. seems to be a problem. In terms of sustaining peace, the -- The performance of the Provincial Government must take concrete steps and District Parliaments is still weak to prevent the relapse of the conflict. in developing regulations that will In the face of violence, there are main benefit society. Budget allocations impulses. The first is an immediate one, have not been pro-society. The to stop it. The second is a medium term monitoring of the execution of one, to deal with the wounds resulting projects has been little, so the quality from it. The third, and final, is a long of development is low. term one, to change the underlying conditions that led, and may lead again, -- Natural resource exploitation has to violence.98 been the focus of the Government to increase income. The resulting The coordinator of KontraS Aceh, increase in income from that sector Destika Gilang Lestari, said that after has not been significant, while it has seven years of implementation, the been devastating for the environment transitional justice agenda of the Helsinki and productive land, as well as being Agreement, which mainly focussed on a source of conflict in society. victims, had not been realised yet. The Government should take its responsibility -- The social phenomenon of crime is to investigate the truth of the human emerging, among others, in relation rights violations during the armed conflict to the implementation of development in Aceh, as well as during the post- projects, in particularly the process of conflict period. bidding for projects and the selection by the Government.

203 The proposal for a Truth and Conclusion Reconciliation Commission was already approved by the Parliament of Aceh After ten years the peace agreement in 2014 through Undang-Undang has been implemented in the province. No.11/2006 article 229, which requested However, the challenges to keep the the Government to establish the peace still remain, particularly to realise commission. But the Acehnese have not positive peace that enables a prosperous seen any real efforts yet to make this and just society. happen. Justice for victims should be the main priority to sustain peace, so all In spite of the remaining challenges, the groups, including the Government, and Aceh peace agreement has provided not the people can move forward. only a milestone for peace in Indonesia and Southeast Asia as a whole, but also During the conflict and conflict resolution a sea of knowledge and experience that process, the Acehnese gained a lot of many parties that are facing difficulties experiences in internal consolidation, in promoting peace could learn from. building awareness, formulating common Aceh has undergone an intricate process agendas and undertaking activities of negotiations with the Government of together. The Acehnese civil society was Indonesia, before a peace agreement conscious that the power to change the was reached, which included challenges situation must come from inside. of ending mutual resentment and addressing the misery that most of Similarly, during the post-conflict Acehnese people lived in. situation, the Acehnese civil society took the initiative to consolidate groups Whilst Aceh is now enjoying a fruitful and individuals to support and sustain recovery after the conflict and disaster, positive peace as Aceh Peace Insider some regions in Southeast Asia are still Peace-builders.99 struggling to bring their internal conflict to an end. The Mindanao conflict in the The Government of Aceh and its Philippines and the Southern Thailand civil society continue to work on conflict are in need of support from peacebuilding ten years after the outside the countries, and the Aceh Helsinki Peace Agreement was signed, peace process is an experience to be an achievement that needs to be utilised. appreciated by all of parties. It deserved 97 Paper Concept released by ACSTF on 5th Years to be celebrated, which was done of Peace in Aceh. through the Aceh Peace Forum, a series of activities related to reflections and 98 Berghof Glossary on Conflict Transformation, developing an agenda on how to move pages 22. forward. 99 On 12-14 April, 2015, The Acehnese Civil Society Task Force in cooperation with the Peace Unit University Sains Malaysia organised a multi- stakeholder forum to facilitate the Acehnese as insider peace-builders.

204 Looking to Aceh itself, peace is not only References the absence of war. Expectations go further than that, including an essence • Askandar, Kamarulzaman, (2007) of positive peace that still needs to be ‘The Aceh Conflict and the Roles achieved. Sustainable peace must be of the Civil Society’ in Askandar, marked by key players, mainly insider Kamarulzaman (ed.) Building Peace: peace-builders and other supporting Reflections from Southeast Asia. groups at the national and international Penang: SEACSN level. The ten year anniversary of the • Askandar, Kamarulzaman, peace agreement should be used as ‘Governance and Insiders a moment for reflection, to recognise Peacebuilders in Societies in and better understand the weaknesses, Transition from War to Peace: The challenges, and spoilers for sustaining Aceh Case, Peace Unit’. peace, as well as ways forward. • Aspinal, Edward, (2008) ‘Peace Without Justice? The Helsinki Peace *** Process in Aceh’, Geneva: The Centre for Humanitarian Dialogue Juanda Djamal, Secretary General, • Bhakti, Ikrar Nusa, (2008) ’Beranda Acehnese Civil Society Task Force, Perdamaian: Aceh Tiga Tahun Pasca Indonesia MoU Helsinki’, Yogyakarta: Pustaka Pelajar. Juanda Djamal is the Secretary General • Lederach, J.P., (1998), ‘Building of the Acehnese Civil Society Task Force Peace: Sustainable Reconciliation and one of the founders of the New Aceh in Divided Societies’. US Institute for Consortium. Juanda has been active in Peace Lederach, J.P. (2003) ‘The strengthening civil society participation Little Book of Conflict Transformation’. in humanitarian action and the peace Intercourse, PA: Good Books process since 1997. • Lilianne, Fan, (2013) ‘The verandah of loss and possibility’. When the armed conflict in Aceh • Otto, Syamsuddin Ishak, ‘Mass Media escalated in the late 1990s and early Document on Peace Negotiation 2000s, Juanda offered humanitarian Procecces Mediated’, Crisis support to around 25,000 people in Management Initiative. different location as the Coordinator of • Forum Multistakeholder 13-14 April the Peoples Crisis Centre. 2015, Focus Group Discussion, analysis the achievement of peace *** in Aceh 28-30 May 2015, and Aceh Peace Forum 11-13 Agustus 2015. • A number of report and publication as analysis done by The Achehnese Civil Society Task Force.

205 206 207 ‘Everybody is a human rights defender at the point when they suddenly realise that something has been taken away and they turn around.’ Jerald Joseph Director, Community Communication Centre (Pusat KOMAS), Malaysia

208 The Long Struggle to Fight against the Shrinking Space for Civil Society in Indonesia The story of the advocacy to stop the enactment of Societal Organisation Law

By Poengky Indarti, Executive hoped that the democratic transition Director, the Indonesia Human Rights in Indonesia would benefit from these Monitor (Imparsial) CSOs with the idea being that if there After Suharto stepped down in 1998, would be more organisations, they would Indonesia was becoming a democratic be better at monitoring the Government. country that gave freedom to the people This, in turn, upset the Government, to associate and assemble. But the since it made it harder for them to control people’s freedom was only enjoyed for the CSOs, including controlling the flow 15 years. In 2013, the Government and of funds – received from domestic or Parliament passed the Law on Societal foreign donors – that were being given to Organisation (known as Ormas Law) civil society. which limited freedom of association and assembly of citizens. The Government was not willing to openly discuss the new proposed Bill Indonesia’s attempt to limit with civil society. The drafting of the Bill was a secretive process, and afterwards the space for civil society it was quietly socialised by the Ministry of Home Affairs with specific organisations In 2005 the Government of Indonesia, that were considered to be more through the Ministry of Home Affairs, supportive of the Government. was planning to replace the Law No. 8 from 1985 on Societal Organisation Other groups though did not agree (Ormas Law). The reason for this move with the new proposed Bill, since was that the law was considered to no they considered it to be a lot more longer fit with existing conditions. From restrictive than the old Bill. They started 1985 to 1998, the Ormas Law was used to voice their objections publically. For 100 by the New Order regime to control this specific purpose they formed the and monitor civil society organisations Coalition for the Freedom of Association (CSOs), especially those that were (KBB). Imparsial joined the KBB in 2011. critical of the Government. The beginning of the Indeed, after the reform of 1998, more and more organisations were being campaign set up by civil society in Indonesia to fill the void that had been there due Imparsial had heard about the to the lengthy period the New Order Government’s plan to revise the Ormas Government was in power. People Bill, but we were one of the organisations 209 that was never being invited by the for civil society to resist. For example, Ministry of Home Affairs to discuss it. We civil society could have lobbied the gained access to the draft Bill though different factions of the House to reject from other sources, and examined the Government’s proposal, but with it from a human rights perspective. the initiative supposedly coming from Subsequently, we started expressing our Parliament itself, these same factions criticism through mass media. could not reject it.

Imparsial also tried to find information The Chairman of the Special Committee about which donors had funded the that oversaw the drafting of the law on drafting of the Bill. We then tried to lobby mass organisations was Abdul Malik the donor Governments to stop giving Haramain of Partai Kebangkitan Bangsa funding assistance, since the Bill would (PKB). Haramain was quoted in the obstruct the freedom of civil society. media as remarking that ‘(..) from the One donor actually stopped its funding beginning CSOs were in favour and assistance to the Ministry of Home against the Bill, given that it relates to the Affairs. However, another donor came freedom of assembly, association and so through, so it did not affect the funds of forth. I am aware of the tensions that will the Ministry to continue working on the arise’. Bill to change the Ormas Law. Moreover, Nahdlatul Ulama and There were several draft versions of Muhammadiyah101 rejected the initial the Bill, until finally in 2011 the House draft of the Bill. Yet, the House continued of Representative suddenly publically to engage with those that opposed the announced that the Parliament had taken Bill. According to Haramain, the crucial the initiative to submit a Bill to revise the points of discussion concerning the Bill Ormas Law and replace the Law No. 8 were: the facilitation of empowerment from 1985. The claim that the Bill was of community organisations, including initiated by Parliament was disputable CSOs and Community Based considering it originally stemmed from Organisations (CBOs); the regulations on the Ministry of Home Affairs. foreign institutions and dispute resolution with community organisations; and the It opened the door to suspicions that this prohibition of or sanctions on CSOs. strategy was purposely developed by the Government and Parliament to smoothen the process of the adoption of the Bill. 100 The New Order regime refers to the years 1966- With Parliament declaring that the Bill 1998, when the second President of Indonesia, was their initiative, the expectation Suharto, was in power. would be that the deliberations of the 101 Nahdlatul Ulama is an Indonesian Sunni Islam Bill would run effortlessly. While, if the movement, one of the largest Islamic organisation submission had been announced to the in the country. Muhammadiyah is an Indonesian public as coming from the Government, Islamic organisation, with more than 20 million it would have created more opportunities members.

210 Beyond the normal alliances FORUM-ASIA, Imparsial attended the consultation and raised the issue of the Together with KKB, Imparsial developed plans of the Government and Parliament a strategy for approaching large groups of Indonesia to replace the Law on that were outside of the normal circles Societal Organisation with a new Bill that of non-governmental organisations would be much more restrictive of the (NGOs) to strengthen the struggle. freedom of association. We approached groups, like Nahdlatul Ulama and Muhammadiyah, who The UN Special Rapporteur took the rejected the Bill, as well as labour report submitted by Imparsial very unions, who would, it turned out, also seriously. So in January 2012, Maina be affected by the Bill. In addition, KKB Kiai along with three other UN Special organised public discussions, press- Rapporteurs, Margaret Sekaggya, the conferences, press-briefings and lobbied UN Special Rapporteur on the situation political parties. of human rights defenders, Heiner Bielefeldt, the UN Special Rapporteur on We also disseminate information about freedom of religion or belief, and Frank the upcoming Bill and the consequences La Rue, the UN Special Rapporteur on it would have through our networks in the promotion and protection of the right other regions of Indonesia. The hope to freedom of opinion and expression, was that, even though the majority of issued a statement addressing the KBB members were NGOs based in Government of Indonesia. The statement Jakarta, by disseminating the information warned Indonesia that the ‘Restrictive more broadly the actions and protests Bill threatens freedoms of association, would be carried out simultaneously in expression and religion’.102 other regions.

This was based on a lessons learnt from the past, when we made the mistake GENEVA (14 February 2013) of only focussing on the movement in – A group of United Nations Jakarta. independent experts on freedoms of association, expression, and United Nations Special religion and on the situation of human rights defenders today Rapporteurs warned that the Bill on Mass Organisations – due for vote later At the same time, FORUM-ASIA this week in Indonesia – threatens organised a consultation on human rights with undue restrictions the rights to defenders (HRDs) in Asia, which was freedom of association, expression, held in Bangkok in September 2011. The and religion. They urged Members United Nations (UN) Special Rapporteur of Parliament to amend the Bill to on the rights to freedom of peaceful bring it in line with international assembly and of association, Maina human rights norms and standards. Kiai, was also invited. As a member of 211 ‘The State must ensure that any vague prohibitions, including bans restriction on the rights to freedom on conducting activities which of association, expression, ‘endanger the unity and safety of and religion is necessary in a the Unitary Republic of Indonesia’ democratic society, proportionate and ‘embracing, instigating, and to the aim pursued, and does not propagating beliefs and religions harm the principles of pluralism, conflicting with Pancasila.’ tolerance and broadmindedness’, stressed the UN Special ‘I am dismayed by these provisions; Rapporteur on the rights to freedom they are illegitimate and must of peaceful assembly and of be amended accordingly’, Mr. association, Maina Kiai. The expert Kiai highlighted, noting that the noted that this legislative initiative Government has also proposed runs contrary to the remarkable to further ban ‘activities which are progress towards democratisation the duty and jurisdiction of the law Indonesia has made since the past enforcers and government,’ which decade, which has paved the way could be interpreted as preventing for a flourishing civil society. associations from uncovering instances of bad governance, The Bill on Mass Organisations including corruption cases. imposes the requirement on the founding of associations not to ’Associations should be free be in contradiction with Pancasila to determine their statutes, – the official State philosophy in structures and activities and to Indonesia that consecrates the make decisions without State belief ‘in the One and Only God’. 103 interference’, Mr. Kiai pointed out, It also stipulates that organisations warning that the Bill threatens have the duty to maintain religious associations with burdensome values. ‘These provisions can administrative requirements. violate freedom of religion or belief’, stressed the Special Rapporteur on freedom of religion or belief, Heiner 102 OHCHR, ‘Indonesia: “Restrictive bill threatens Bielefeldt. He further clarified freedoms of association, expression and religion,” that ’freedom of religion or belief warn UN rights experts’, 14 February 2013. has a broad application, covering 103 also non-theistic and atheistic Literally ‘Five Principles’, it comprises five principles held to be inseparable and interrelated: convictions.’ 1) Belief in the one and only God, 2) Just and civilised humanity, 3) The unity of Indonesia, 4) Associations are not only restricted Democracy guided by the inner wisdom in the to limited categories of activities unanimity arising out of deliberations amongst representatives, and 5) Social justice for all of the by the Bill, but also subjected to people of Indonesia.

212 The Bill also allows the society in the country, in particular Government to oversee the of foreign societal organisations’, administration of associations said, the Special Rapporteur on the through the establishment of situation of human rights defenders, an information system, to be Margaret Sekaggya. determined by regulations. ’The use of such a system could infringe Finally, the Government may on the autonomy of civil society suspend associations without organisations and on their rights to obtaining a prior court order. privacy and freedom of expression’, ‘Let me stress that suspension said the Special Rapporteur on the of associations should only be promotion and protection of the sanctioned by an impartial and rights to freedom of opinion and independent court in case of a clear expression, Frank La Rue. and imminent danger resulting in a flagrant violation of domestic laws, The Bill also significantly in compliance with international curtails the activities of foreign human rights law’, stated Mr. Kiai. associations, which must obtain a permit from the Ministry of Foreign ’We stand ready to provide Affairs to operate, and whose technical assistance needed with a activities must be in accordance view to ensuring that the Bill meets with the philosophy of Pancasila international law standards’, the as embedded in the legislation, experts concluded. should not disrupt the ‘stability and oneness’ of Indonesia, and should not carry out ‘practical political The deliberations on the Bill activities’ or fundraising or activities continued ‘which disrupt diplomatic ties.’ However, the attention of the In addition, foreign nationals international community did not make willing to (co)found an association the Indonesian Government back down. face discrimination as they must, Instead, the deliberations on the Bill among other things, have lived continued. in Indonesia for at least seven consecutive years and place Rp10 After months of delays and intense billion (over US$1 million) of their debate, the House of Representatives on personal wealth in the association. Tuesday, 2 July 2013, passed into law the Mass Organisations Bill, which gave ‘I am concerned that certain the Government greater control over provisions in the Bill will hamper the public activities, including the power to legitimate human rights work of civil disband an organisation deemed a threat to the State. 213 Out of the 361 Members of Parliament organisations, the Law and Human (MPs) who attended the plenary meeting Rights Ministry 48,866 organisations, on Tuesday, 311 voted for the Bill’s the Social Affairs Ministry 25,406 enactment, saying that the country organisations and the Foreign Ministry needed such legislation to empower 108 foreign organisations. According local organisations and counter foreign to Gamawan, there were many intervention in the country through unregistered organisations operating in NGOs. 199 parliament members skipped the country that should be monitored. the plenary. ‘We need to manage all of these groups so that they can positively contribute to The Great Indonesia Movement the country,’ he said. (Gerindra) Party, the National Mandate Party (PAN) and the Peoples Conscience Critics of the law insisted that it would (Hanura) Party were the only factions to only grant excessive state control over oppose the bill, which activists have said civil movements in the country. could be used by the powers that be to silence political dissidents. The UN Human Rights Committee ‘I am aware of the criticism out there. This law may not satisfy all groups In July 2013, Imparsial participated in the but this is the best we can do,’ said UN Human Rights Committee’s review Abdul Malik Haramain, who chaired the session in Geneva on the implementation House’s special committee deliberating of the International Covenant on Civil the bill. and Political Rights (ICCPR) by the Indonesian Government. During the Religious groups, such as review session, Imparsial submitted a Muhammadiyah, the Indonesian Bishops report on: the violence against HRDs in Conference (KWI) and the Indonesian Indonesia; issues related to West Papua; Communion of Churches (PGI), rejected and the Ormas Law. the passage of the controversial Bill and were planning to challenge the newly The UN Human Rights Committee passed law at the Constitutional Court. expressed concern over Law No. 17/2013 which ‘(..) introduces undue The law placed the Home Ministry in restrictions on the freedoms of charge of the Government’s integrated association, expression and religion of information system to screen all mass both domestic and ‘foreign’ associations. organisations operating in the country, The Committee is particularly concerned in coordination with related ministries as at the provisions in the law that well as local administrations. introduced onerous requirements for registration, and the vague and overly Speaking before the Parliament, Home restrictive requirements that such Minister Gamawan Fauzi said that his associations should be in line with the ministry recently recorded 65,577 mass State’s official philosophy of Pancasila,

214 which propagates the belief ‘in the One made by the UN Special Rapporteur and Only God’ (Articles 18, 19 and on the rights to freedom of peaceful 22).’104 assembly and of association were particularly relevant and instructive, Therefore, the UN Human Rights including: that such restrictions must Committee urged Indonesia ‘to review have a legal basis; be prescribed by the Law on Ormas to ensure that it is law, which implies that the law must be in compliance with the provisions of accessible and its provisions must be articles 18, 19 and 22 of the Covenant’ 105, formulated with sufficient precision; and as expounded by the Committee in its be necessary in a democratic society.108 general comments No. 22 (1993) on the right to Freedom of Thought, Conscience We found that a number of provisions in and Religion and No. 34 (2011) on the Ormas Law were vague and overbroad, Freedoms of Opinion and Expression. instead of being formulated with sufficient precision, and could potentially Submission of the judicial be abused to violate the Right to review Freedom of Opinion and Expression, the Right to Freedom of Association, and the In December 2013, Imparsial, together Right to Freedom of Religion or Belief. with several other organisations, among them Muhammadiyah, submitted a Articles 2 and 3 of Law No. 17/2013 judicial review of the Law on Ormas, stated that organisations must not particularly Articles 2, 3, 8, 15, 16, 17, conflict with the Pancasila ideology or 18, 21, 23, 24, 25, 34, 40, 52, and 59. the 1945 Constitution, while Article 59(4) prohibited organisations from holding, We invited FORUM-ASIA to submit an propagating and advancing any belief amicus curiae to the Constitutional Court. or teaching that was in conflict with FORUM-ASIA’s critique of the law was Pancasila. as follows:106 These vague and overbroad provisions a. Vague and overbroad restrictive in reference to Pancasila, which among provisions other things consecrates the belief in ‘the One and Only God’, could potentially The international human rights law violate Article 18 of the ICCPR which provides for certain legitimate restrictions ‘protects theistic, non-theistic, and to rights. However, as elaborated atheistic beliefs, as well as the right not above, international human rights law to profess any religion or belief ’, as sets out that these restrictions must be elaborated by the UN Human Rights Committee in its General Observation ‘necessary’ for legitimate purposes, must 109 not be overbroad, and must conform to No. 22 (1993). the principle of proportionality.107 This concern was also raised by the In relation to this, the recommendation UN Special Rapporteur on freedom of

215 religion or belief, Heiner Bielefeldt, who b. Discretionary sanctions and in a press statement in February 2013 burdensome administrative requirements pointed out that such provisions – which was then at its draft stage – ‘can violate Law No. 17/2013 vested discretionary freedom of religion or belief ’.110 administrative sanction powers to government officials, who may suspend Meanwhile, Article 59(2) (e) of the Ormas organisations that contravene Articles Law broadly stipulated that organisations 21 and 59 of the law without any prior shall not engage in work that falls under court order (Article 60). This could the jurisdiction of law enforcement and potentially leave organisations vulnerable the government. The Amicus submitted to arbitrary imposition of sanctions and that this particular provision could restrictions. potentially be abused by the authorities to restrict organisations working in 104 UN Human Rights Committee, Concluding legitimate areas such as monitoring Observations on Indonesia (2013), CCPR/C/IDN/ corruption or advocating for security CO/1. sector reforms, resulting in the possibility that such organisations may run afoul of 105 Ibid. the law. 106 FORUM-ASIA, Amicus Brief on Indonesia’s Ormas Law, 24 March 2014. Article 52 of Ormas Law imposed further restrictions on ‘foreign’ organisations, 107 UN Human Rights Committee, General comment no. 34, Article 19, Freedoms of opinion requiring them to adhere to Pancasila and expression, 12 September 2011, CCPR/C/ and prohibiting activities that disrupt GC/34. the ‘stability and oneness’ of Indonesia, ‘practical political activities’ or 108 UNHRC, Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of fundraising, or activities ‘which disrupt association (21 May 2012), A/HRC/20/27. diplomatic ties’. 109 UN Human Rights Committee, CCPR Any legitimate restriction on the Rights to General Comment No. 22: Article 18 Freedom of Thought, Conscience or Religion (30 July Freedom of Association and Freedom of 1993), CCPR/C/21/Rev.1/Add.4. Expression must adhere to the principles of necessity and proportionality, as 110 OHCHR, ‘Indonesia: “Restrictive bill threatens elaborated by the UN Special Rapporteur freedoms of association, expression and religion,” warn UN rights experts’, 14 February 2013. on the rights to freedom of peaceful 111 assembly and of association and in the 111 UNHRC, Report of the Special Rapporteur on UN Human Rights Committee’s General the rights to freedom of peaceful assembly and of Observations No. 34.112 The vague and association, 21 May 2012, A/HRC/20/27. overbroad restrictions imposed under the 112 UN Human Rights Committee, General Ormas Bill, particularly under Article 59 comment no. 34, Article 19, Freedoms of opinion did not adhere to these principles under and expression, 12 September 2011, CCPR/C/ international human rights norms and GC/34. standards.

216 The UN Special Rapporteur on the rights Freedom of Association (KBB), including to freedom of peaceful assembly and Imparsial. From a total of 21 articles of association, Maina Kiai, in a press reviewed, the Constitutional Court statement in February 2013 stated that cancelled ten articles, namely Article ‘suspension of associations should 8, Article 16 paragraph (3), Article 17, only be sanctioned by an impartial and Article 18, Article 23, Article 24, Article independent court in case of a clear and 25, Article 34, Article 40 paragraph (1), imminent danger resulting in a flagrant and Article 59 paragraph (1) a. By doing violation of domestic laws, in compliance so, the role of the state to limit the space with international human rights law’.113 for organisations was reduced.

The Ormas Law was also problematic ‘Article 8, Article 16 paragraph (3), because of the unduly prescriptive Article 17, Article 18, Article 23, Article rules on registration and burdensome 24, Article 25, Article 34, Article 40 administrative requirements under paragraph (1), and Article 59 paragraph Articles 15-18 of Law No. 17/2013. (1) a of the Law on Ormas are contrary Overly onerous demands of registration, to the Constitution 1945 and do not such as submitting work-plans and legally binding’, said the Chairman organisational statutes under Article 16, of the Constitutional Court, Hamdan which could potentially hinder the ability Zoelva when reading the decision in the of particular groups such as informal courtroom of Constitutional Court on networks, CBOs and social movements Tuesday, 23 December 2014. to legally register under the law. *** Any rules on legitimation and registration of groups should require the submission only of information which is strictly necessary to ensure sound operations and good governance. The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association also noted that ‘associations should be free to determine their statutes, structures and activities and to make decisions without State interference’.114 Conclusion 113 OHCHR, ‘Indonesia: “Restrictive bill threatens Finally, a panel of nine judges of the freedoms of association, expression and religion,” Constitutional Court (MK) partially warn UN rights experts’, 14 February 2013. granted the judicial review of Law on 114 UNHRC, Report of the Special Rapporteur on Ormas Number 17 Year 2013 filed by the rights to freedom of peaceful assembly and of Muhammadiyah and Coalition for the association, 21 May 2012, A/HRC/20/27.

217 Poengky Indarti, Executive Director, Poengky has a Master of Laws from Imparsial the International Human Rights Law Department, Northwestern University Poengky Indarti is the founder and School of Law – Chicago and is a Executive Director of Imparsial since member of the Board of Democracy 2010. Prior to Imparsial, she was the Alliance for Papua (ALDP) and Head of the Labour Department and Chairperson of Indonesia Scholarship Fundraising Department of Indonesian and Research Support Foundation Legal Aid Foundation (YLBHI) and staff (ISRSF). of the Fundraising Department of the Commission for Disappearance and Victims of Violence (KontraS). Both, as well as Imparsial, are FORUM-ASIA member organisations.

218 ‘The only rule [that should really matter] for human rights activists is [the need] to become the voice of the most vulnerable.’

Urantsooj Gombosuren Chairperson, Centre for Human Rights and Development (CHRD), Mongolia

219 220 A 14-Year Struggle for Justice for Torture Victims Still Continues The story of People’s Watch, India

By Henri Tiphagne, Mathew Jacob and Almost as soon as the JSTF was Shivani Lal constituted, instances of state sponsored terror, torture, enforced disappearances, In 1993, the Governments of Tamil Nadu extra-judicial killings and other forms and Karnataka set up a Joint Special of human rights violations were Task Force (JSTF) to capture Veerappan, being observed, inflicted by the JSTF a dacoit who used to operate over a personnel on the poor and largely stretch of 6,000 sq. km of mountainous illiterate people who inhabited the landscape covering the borders of Tamil region’s villages – places like Hanur, Nadu, Karnataka and Kerala in Southern Nallur, Santhanapalayam, M M Hills, India. A series of bombings and attacks Mettur and Chinnappallam – and by Veerappan’s gang in 1993, that left worked as agricultural labourers. 22 people dead including five police Under the disguise of investigating and personnel of Tamil Nadu Police, was the interrogating villagers to nab Veerappan, reason for the constitution of the JSTF the JSTF systematically intimidate and by the administration. By the time of tortured the villagers, alleging them his death, in an encounter executed by to have been supporting and aiding JSTF, he was alleged to have killed 124 Veerappan. JSTF personnel justified persons, poached 200 elephants for their their illegal detention and questioning ivory (estimated worth $ 2.6 million), and of these villagers by saying that smuggled 10,000 tonnes of sandalwood they belonged to the same caste as (estimated worth $ 22 million). Veerappan. At the same time Veerappan was allegedly not sparing the lives of The events that unfolded thereafter, those assisting the police investigations led to gross human rights violations against him either. Innocent villagers of innocent civilians over the decade were in this way caught between the long hunt and eventual encounter of JSTF and the forest brigand. Veerappan in 2004, under suspicious circumstances at the hands of JSTF. This Brutal abuse was inflicted by JSTF case paints a contrasting picture of one personnel, including fake encounters, of the many struggles won by the human disappearances, custodial rapes and rights movement, where justice was deaths, torture by electric shocks, delivered in India, through a flawed and unlawful imprisonment and wilful insensitive administration. The apathetic deprivation of food and water, leaving attitude and ignorance of the system many of the villagers highly traumatised, came forth during this struggle. with a very large number of them even Caught in the middle turning mentally ill.

221 Over the period between 1993 and 1996, provided the necessary accompaniment around 50 persons disappeared without to the marginalised and excluded, who a trace. Others testified to severe forms sought justice but struggled on their of torture, including being hung from own. Civil society was required to bridge the ceilings upside down, while being the gaps where the legal system fell interrogated and even being urinated short or out right failed to deliver on its upon. In some cases, they were brutally responsibilities. beaten and had chili powder rubbed on their wounds. Female victims were By 1998-1999, NGOs and numerous reportedly gang raped continuously human rights defenders (HRDs) began to for several days, and were refused write complaints to the NHRC regarding treatment by the local hospital for being the abuse and torture faced by the branded as Veerappan supporters. villagers in the JSTF operation region. The complaints were filed on behalf Failed by the system of the villagers, who were detained illegally, without any specific charges The blatant human rights violations and and were languishing in Mysore Central sufferings of the villagers were only Jail without trial for over six years. reported in the media for the first time Complaints were also filed on behalf of in 1997-1998. Who could the villagers 50 men and 12 women, arrested under turn to when the police refused to even various provisions of the former Terrorist register First Information Reports (FIR)? and Disruptive Activities (Prevention) Act The public system had completely (TADA). The NGOs and HRDs urged broken down in the region, there were the NHRC to intervene, under Section no roads, schools, courts, hospitals 12 (b) of the Protection of Human Rights or even post offices. When the newly Act 1993, and to take the matter to the established National Human Rights Supreme Court. Commission (NHRC) was supposed to step in, it failed to take cognisance of The Campaign for Relief and the issue under Suo Motu action (motion Rehabilitation taken by NHRC on its own rather than on a complaint being filed). Did the system In early 1999, six NGOs from Karnataka believe in providing justice to victims and and Tamil Nadu – People’s Watch, the witnesses? Or did the NHRC, a statutory Society for Community Organisation body, believe in keeping silent and Trust (SOCO Trust), the Tribal providing impunity to the perpetrators? Association of Tamil Nadu, the People’s It cannot be said for sure. But the Union for Civil Liberties (PUCL) of persistent apathy definitely led to many Karnataka and Tamil Nadu, South India more killings and disappearances, while Cell for Human Rights Education and those who survived lived without dignity. Monitoring (SICHREM), and the Human Rights Cell of the Indian Social Institute Civil society organisations (CSOs) and – formed ‘the Campaign for Relief and non-governmental organisations (NGOs) Rehabilitation of TADA detenues from M

222 M Hills in Karnataka and Tamil Nadu’. and connivance against them, a large number of journalists, lawyers, political The campaign began to comprehensively leaders, victims and their families, document cases of violations through HRDs and regular people attended visiting and conducting fact finding the demonstrations and conference in missions in affected villages of the Salem. region, and recording videos of testimonies from victims. People’s Watch Two-Member Panel of Enquiry lawyers prepared about 250 written affidavits, translated these into English, The NHRC, after a series of struggles and then classified them in various and advocacy by civil society, decided to categories according to the nature of form a ‘Two-Member Panel of Enquiry’ violation perpetrated. With this evidence, to examine the cases and submit the campaign approached the NHRC yet recommendations to the commission again to take action. on necessary or urgent actions to be carried out. On 28 June 1999, the The campaign had now set out to build commission ordered for the panel to be a movement driven by the citizens to set up, and appointed Former High Court pressure the NHRC to take action. judge A J Sadasiva as Chairman, with The strategy was to document cases C V Narasimhan, former director of the and evidence, along with organising Central Bureau of Investigation, assisting marches, protests, demonstrations and as the second member. conferences. Victims and witnesses were at the forefront of this movement. On 23 August 1999, a speedy legal Political parties extended a helping hand intervention was sought from the and local media was engaged to support Chairperson of the NHRC under Section as well. 12 (b) of the Protection of Human Rights Act 1993, with regard to the persons The campaign did receive its share of languishing in Mysore Central Prison intimidation and harassment by the for periods ranging from four to six police and JSTF personnel in this period. years under TADA. The communication Intelligence officers stood outside the pointed out that the human rights halls, while victims testified, recording violations arising out of legislation like the names of participants and taping TADA had already been commented public statements. In April 1999, three upon by NHRC. Up until then, the days before a conference in Salem Sadashiva Panel, seemed to only have district, a local police inspector arrested existed on paper. Even after all this, the four of the organisers from their homes in enquiry panel only fully commenced its the middle of the night. operations in January 2000.

In spite of the threats and intimidations The panel held its first two sittings in executed by the JSTF in retaliation January and March 2000, but it refused to the campaign, branding it as fake to acknowledge cases of encounter

223 killings which were filed by the campaign tangible evidence. For the Sadasiva with the Tamil Nadu State Human Rights Panel, the TADA ruling destroyed the Commission. The panel justified, on JSTF’s credibility, and bolstered victims’ technical grounds, that they were not allegations that they had been taken mandated to work on them. Thus, the into custody on a much earlier date than mandate of the panel excluded the mentioned in their records, kept in illegal instances of the most heinous offences custody for a long period where they from its jurisdiction on the basis of were subjected to humiliating treatment disingenuous technicalities. and torture, and later produced in court on false charges under TADA, merely to Right before the panel was about to legitimate their arrest. constitute its third hearing, Mysore Central Jail filed a writ petition in The Sadasiva Panel did not take any Karnataka High Court seeking a stay action, let alone hold hearings, for on panel proceedings, questioning another 20 months. The panel finally its jurisdiction. Quite evidently, these held its third sitting on 6-8 March 2002 were tactics used by the administration at the M.M. Hills in Karnataka, when the to create unnecessary delays and pending writ petition was dismissed by obstacles for the NHRC, as well as for the court. The panel thereafter devoted the campaign. Hence the third sitting was at least five sittings to depositions delayed further. recorded by JSTF officials.

Meanwhile, the abuses faced by the The Enquiry Panel’s Report villagers had come to Veerappan’s attention and in an interesting turn of The sittings of the panel ended on events, Veerappan kidnapped a film 13 November 2002 and the follow actor, Rajkumar. On 25 August 2000, up process continued till July 2003. in the wake of ransom negotiations, On 2 December 2003, the panel Veerappan forced the Governments of submitted its report to the NHRC with Tamil Nadu and Karnataka to publicly recommendations for actions to be promise Rupees 100 Million (Rupees 50 taken by the NHRC. The report was Million each) as interim compensation for not made public. The commission kept the victims of human rights violations. holding on to the report, claiming that it was waiting for responses from the On 29 September 2001, the TADA court State Governments of Tamil Nadu and delivered its judgment acquitting 107 Karnataka. The campaign swung into out of 121 defendants. The Supreme action again, advocating for the report Court ultimately handed down death to be released to the general public. A sentences to four among the convicted. delegation from the campaign travelled In its written decision, the TADA court to New Delhi to demand the release. observed that the prosecution had roped in many accused on the basis of Meanwhile, the JSTF had found and confessions only, absent of any other killed Veerappan in an encounter

224 on 18 October 2004. Immediately, that each side comes with exaggerated the Government of Tamil Nadu and and even false allegations against the Karnataka announced gallantry awards other side, merely to settle scores and to JSTF personnel, overlooking the keep the heat on.’ charges of committing heinous human rights violations. Henri Tiphagne, The report further went on to discredit Executive Director of People’s Watch, and ridicule the female victims of sexual flagged this issue and wrote letters harassment and their testimonies. to the Chief Ministers and the NHRC, It kept working towards identifying arguing that according to the NHRC’s various circumstances in which they own guidelines regarding ‘encounter could undermine the credibility of their deaths in the course of police action’, testimonies, rather than looking into the investigations into all encounter deaths allegations from the victim’s perspective. must occur before the involved officers For example, it did not find the testimony could be rewarded. ‘No out of term of rape to be credible where the victims promotion or gallantry rewards shall did not produce a witness to the alleged be bestowed on the concerned officers rape or where the victim’s husband so soon after the occurrence’ 115, the failed to testify to the rape. A rape commission had declared. However, the victim, Thangamal was taken hostage NHRC failed to take notice of this too. at the JSTF headquarter and was raped by the JSTF Chief Walter Devaram Finally, in October 2005, the report was himself for three days continuously. The released. The Sadasiva Panel’s report panel refused to believe her testimony, was found to be utterly insensitive because she failed to identify him by towards the victims, who had been name. now waiting for eight years, hoping for some form of justice to be delivered to Follow-up to the Report them. The report took on the tone of victims shaming and blaming. The report The State Governments of Tamil Nadu accused the NGOs of provoking victims and Karnataka did not seem to take to cook up false, exaggerated cases, and notice of the NHRC report, nor its preparing victims to claim compensation. recommendations, during this time. No The panel blamed the victims for being action was taken by either Government party to NGOs’ ulterior motives. towards providing compensation or any form of justice to the victims. The State Yet, the report claimed to not be Governments also failed to provide a biased towards either party saying that response in this regard to the NHRC. ‘aggressive police action in the course Many deadlines lapsed in this process of anti-Veerappan operation (..) even and the NHRC generously and patiently bona-fide action, would have generated kept extending them. a climate of ill-will, distrust, frustration and anger, enveloping the tribes as well 115 http://nhrc.nic.in/documents/Death%20 as policemen in their mutual interaction. During%20the%20course%20of%20Police%20 It would only be natural in such situations Action.pdf. 225 Finally, in December 2006, the NHRC for these people that started in 1997 only summoned the Chief Secretaries of partly ended in January 2014, 17 years both the States for a consultation, and later! the Chief Secretaries assured to pay compensation to the victims as promised Beyond the rulings earlier. It is simple doggedness and At last, on 17 January 2007, the NHRC perseverance of sorts that is required on announced compensation for 89 the part of HRDs to continue onwards victims, from both the states, among in such cases, and still end up with very them 84 from Karnataka, after being little success. Institutions also lose their assured by the State Governments steam in such long drawn processes, that they would respect and adhere as did the NHRC in this case, when to the recommendations given by the many years after an interim order of Sadashiva Panel in its report. The compensation it finally paid to the commission provided one to Rs 500 victims’ families. A later Bench of the Thousand to the victims based upon NHRC found it convenient to close the the degree of abuses they faced. Rs case with no reference whatsoever to the 500 Thousand went to next of kin of 36 complainants in the case. The closure is persons killed in encounters, and Rs 200 now being challenged in court. Thousand to each of the three women the panel had found to have been Human rights monitoring and legal ‘detained and sexually abused, but not interventions cannot be undertaken in raped’. solitude by HRDs without rehabilitation being undertaken simultaneously. If The panel also made a few namesake there is any example of human rights suggestions and recommendations to rehabilitation that has been undertaken the State Governments for the future. in India, it has only come from civil Keeping in mind the political pressures society. Rehabilitation undertaken by and climate, it did not take any strong Peoples’ Watch in this special case, was positions or suggested any actions done in collaboration with the United against the perpetrators, apart from Nations Voluntary Fund for Victims of providing compensation to the victims. Torture for several years, who provided The NHRC’s and state administration’s financial assistance to undertake attitude remained insensitive, apathetic, economic development programmes with and illusory towards the sense of justice the families of victims. and relief. In addition, special educational It was finally in January 2014 that assistance was provided to the children the Supreme Court of India passed of the victim’s families to ensure that they a judgement commuting the death would not drop out of school and would sentences of the four convicts in this continue their university studies. One of case under TADA, due to delay in mercy them ended up as People’s Watch’s own plea decisions. The journey for justice 226 lawyer in Madurai before the Madurai Civil society, over the past two decades Bench of the Madras High Court. Another have engaged closely with the NHRC handful became social workers, two and advocated strongly for the of whom presently work with People’s institutions to take action on serious Watch. State crimes, which are now coming to light. The NHRC continues to be in Present scenario/long term the shackles of the Government of the changes day, giving complete non-compliance to the Paris Principles. The NHRC has According to the National Crime also politically distanced itself from civil Records Bureau (NCRB) data, 51,120 society, which is calling for the ratification complaints were lodged during the year of the UN Convention against Torture 2013 alone against police personnel for (UNCAT). Reform of the NHRC, and the committing human rights violations. A ratification by India of UNCAT continue total of 1,250 police personnel were sent to be among the main challenges for to trial after investigation and framing civil society, which is why it is collectively of charges during the year 2013. Many lobbying and advocating for that. cases, 412 of the ones filed against police personnel, were either withdrawn The way forward or disposed of otherwise. Trials were completed in only 154 of the police India is the largest democracy in the personnel cases, out of which 101 were world, and also one of the few countries acquitted and 53 were convicted. in the world which has not ratified the UNCAT from 1997. 155 UN Member In a recent case of arbitrary detention, States have ratified the UNCAT. India custodial torture and encounter killings has not passed any domestic law that of 20 labourers from Tamil Nadu by the will enable it to ratify the convention yet. Andhra Pradesh Red Sanders Special Task Force, the NHRC intervened in the India’s reason to justify its refusal to matter actively and swiftly. The NHRC ratify or pass a domestic law, is that it is issued interim orders for protection of the supposed to have good enough State witnesses, conducted an independent Laws that can efficiently manage the investigation, and called for specific torture crimes in the country, which is documents and interim compensation up contrary to the Government’s statistics. to Rs. 800 Thousand. The current acting Chairperson of the NHRC, a former judge of the Supreme The orders issued by the NHRC were Court of India, defended the country’s stayed by the Andhra Pradesh High position related to UNCAT in this manner Court. However, the actions of the NHRC during the Asia Pacific Forum of National reflect the maturity of the institution. It Human Rights Institutions (APF) meeting has definitely travelled miles since 1993, in Mongolia in 2015. but remains million miles away from what is expected of it.

227 Perhaps, one of the landmark steps Protection of Human Rights Act from taken as of yet to combat torture in India, 1993 needs urgent changes to live up was the passing of the Protection of to peoples’ expectations. The NHRC Human Rights Act, that came into force India is also getting ready for its next in September 1993. This Act provided for re-accreditation in 2017, and it is time the establishment of the Human Rights for the present Government, along with Commission at the Centre (National Parliament, to get ready for the global Human Rights Commission) and at each scrutiny of its institution in tune with and every state in India. However, even India’s demand for membership of the though the commissions were created UN Security Council. India will also to be completely independent, they only be getting ready for its third Universal possess recommendatory power. The Periodic Review (UPR) in 2017. We law governing the commissions makes can only hope that this will lead to new it dependent on the Central Government Indian legislation that really protects and for all practical requirements, such as promotes human rights and fundamental appointments, manpower and finances. freedoms.

Instead of adopting new laws to combat *** terrorism, India continues to function under regressive laws and is even Henri Tiphagne passing new bills that, rather than preventing and prohibiting torture, are Henri Tiphagne is the Executive Director inflicting torture and harassment to target of People’s Watch, Convenor of Working certain groups in society. Many of these Group on Human Rights in India and laws are used against HRDs to threaten the UN (WGHR) and the Chairperson of and restrict their work. Fabricated FORUM-ASIA (2012-2016). charges against HRDs have left many of them languishing in prison for many Mathew Jacob years. Mathew Jacob is the Director Programs Laws that indirectly legitimise torture are of People’s Watch and National in the pipeline. The draconian TADA and Coordinator of Human Rights Defenders the Prevention of Terrorism Act (POTA), Alert – India (HRDA). the Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill 2015, Shivani Lal which await the President’s assent, make confessions secured in police custody Shivani Lal is the North Regional admissible as evidence before a court of Coordinator of the Human Rights law. Defenders Alert India and All India Network of NGOs and Individuals It is time for the NHRC in India to get Working with National and State Human itself geared up to develop a law to Rights Institutions (AiNNI). protect human rights in India. The

228 ‘We are the next generation [who will] build our countries and also communities (..) we don’t think only about personal problems, we think about social problems.’

Chhan Sokunthea Head of Women and Children’s Rights Section, Cambodian Human Rights and Development Association (ADHOC), Cambodia

229 230 ‘Look at your surroundings, look at your family, your friends. When you see there are (..) injustices, when you see arbitrary or (..) inhuman treatment which has to be treated (..), you begin to think [about] human rights (..). This is the beginning of your commitment.’

Rafendi Djamin First Representative of Indonesia to the ASEAN Intergovernmental Commission on Human Rights (AICHR)

231 232 The Citizens’ Alliance for the General Election (CAGE) 2000 Blacklists Corrupt Candidates A story from the People’s Solidarity for Participatory Democracy (PSPD)

By Taeho Lee, Secretary General, had also lacked the determination to PSPD, South Korea tackle political irregularities. Moreover, parties’ nomination of candidates was ‘Let’s Change Old Politics with Citizens’ far from democratic. Opaque nomination Power’ procedures often gave party candidacy to corrupt and incompetent figures. The most powerful slogan in the 16th Parties put candidates’ loyalty to the parliamentary elections of South Korea party leader over their ability to make in 2000 was ‘Let’s Change Old Politics laws and deliver campaign pledges. with Citizens’ Power’. Indeed, the biggest What mattered most to politicians was winner of the first vote of the new century not voters’ trust and judgment, but the was the voter. A number of corrupt and confidence of their party leaders. incompetent politicians were defeated by a campaign led by the Citizens’ Alliance Citizens had grown disenchanted with for General Elections (12 January 2000- politics. In such a political environment, 22 April 2000), a coalition of nearly 1,100 voter participation and fair elections civic groups, thanks to the overwhelming fell short of achieving a real electoral support of citizens. democracy. It was time for civic groups to go beyond the clean election movement. Background They needed to find innovative, relevant, even extreme ways to impact the political scene and show the full power of voters. In the 1990s, civic groups focused their Against this backdrop, the Citizen’s election activities on voter participation Alliance for General Elections declared and monitoring, believing that a fair the start of the blacklist movement ahead election and citizens’ participation would of the 16th parliamentary elections to ensure wins by pro-democracy forces give citizens an opportunity to mete out and political reform. But their hopes were justice to lawmakers. crushed in the face of a stark, outdated political structure. Parliamentary inspection of the administration in 1999 became a direct In past elections, both ruling and reason for the establishment of the opposition parties mobilised huge Citizens Alliance for the General Election amounts of illegal funds. Politicians 2000 Blacklists Corrupt Candidates. had colluded to foil attempts to rewrite In 1999, 40 civil scoiety organisations laws governing elections and political (CSOs) established a ‘people’s alliance funding. Law enforcement authorities to monitor the parliamentary inspection 233 of the administration’. They formed backed candidates and registered different teams with specific areas of campaign workers – from election expertise to be able to do so. campaigning or activities to defeat particular candidates (Article 87 on They had planned to deploy their the prohibition of social organisations’ members to monitor 14 different intervention in elections). In addition, committees of Parliament and choose both politicians and civic groups were the best and the worst Members of banned from endorsing or opposing Parliament (MPs). However, nine out candidates before the campaign period of 14 committees refused to have began (Article 59 on the prohibition monitoring teams in their meetings of premature campaigning). These saying that ‘we cannot approve that civil provisions outlawed any civic campaign society organisations rate members of from opposing particular politicians the parliament’, and two committees only and prohibited them from making any allowed monitoring team in some of their remarks during the periods of election meetings. and candidate nomination. To wage the blacklist movement, the alliance had At the time, 95 percent of the people to either pressure the legislature into agreed to the necessity of people amending the Election Law or disobey monitoring the parliamentary inspection the law. of the administration. However, the National Assembly acted in a high- The civic groups declared that should the handed manner, and expressed its ‘poisonous’ provisions remain unchanged displeasure and explicitly refused the before the elections, they would break monitoring to take place. the law in order to justly exercise their constitutional right to vote. By the end of the parliamentary inspection of the administration, it The declaration enraged politicians. became obvious that the conflicts Even before the alliance’s official between political parties and civil society announcement, the media reported on were about political rights rather than the the blacklist campaign, sparking anger ratings of individual MPs. The CSOs who among politicians. They called the move had been involved with the monitoring ‘political terrorism’ and threatened to sue therefore agreed to expand their civic leaders for violating the Election monitoring efforts to the elections. Law. Their reaction backfired. Politicians’ fierce resistance met with increasingly Main challenges severe public criticism.

The blacklist movement hit several Public opinion overwhelmingly supported snags from the start. The biggest was the blacklist movement as a vital and institutional barriers. At the time, the legitimate movement. Just ten days after Election Law banned any organisation the movement’s proposal was issued, – with the exception of those of party- 412 organisations across the country

234 had signed up, meaning that almost all Fortunately, some clauses, including Act members of the clean election movement 87, were revised through a bipartisan had joined the blacklist campaign. The agreement ahead of the parliamentary alliance encompassed the nation’s elections. The revision stipulated that leading civic and religious organisations, social groups, with the exception of including the People’s Solidarity for those receiving government subsides, Participatory Democracy (PSPD). could carry out election campaigns during the campaign period. But only Main strategies and activities campaigns through news conferences, Internet pages and in-house newsletters The alliance’s strategy could be for members were allowed. Printed summed up as a combination of a materials, banners, street campaigns blacklist movement and political reform. and assemblies were still banned. In The foremost goal was to weed out other words, direct contact with voters undesirable politicians through citizens’ and mass rallies were still outlawed, as monitoring of party nominations and then well as electioneering before the official active campaigning to defeat them in the campaign period. After a long debate, elections. The alliance set a two-stage the alliance chose a varied approach. strategy. The first was executed during It decided to use several means that the nomination period from January to were not seen as ‘assemblies’, such as February. The group announced the first telephone discussions with voters and blacklist of politicians pressuring parties one-man street rallies, while holding to avoid picking them as candidates. assemblies, even though these were The second step was taken during the illegal, shortly before the elections, for official campaign period between late which alliance leaders were later fined. March and 15 April. It unveiled a second blacklist targeting party nominees and The campaign plan campaigned intensively to have them defeated in the elections. The alliance received proposals from participating organisations on how to Another goal was to overhaul the political decide on undesirable candidates. Each system that restricted voter participation group would make sure that the criteria and allowed the political establishment had enough voter support to affect the to monopolise elections. The two most outcome of the elections and that they urgent tasks were: to persuade the had convincing evidence. In the end, public of the legitimacy of the blacklist it was decided that decisive criteria to movement; and to push for the revision be blacklisted were: corrupt activities; of electoral and political laws before violations of election law; anti-human the movement kicked off. The alliance rights activities and destruction of decided to concentrate on the goal of democracy and constitutional order; getting the law revised in February and insincerity in law-making and activities March. If it failed, the next step would be against the (National) Assembly and civil disobedience. electorate; positions on reform bills and

235 policies; suspicious behaviour or basic before the elections, aiming to ensure qualification for politicians; and failure the defeat of 86 candidates, including 22 to perform civic duties, such as military independents. service and paying taxes. Support from the public Politicians would be blacklisted if their misdeeds were confirmed and classified The alliance carefully designed under the criteria, even if they had promotional programmes to gain greater been punished lightly or ruled not guilty public support. First, it conducted a in the past. The alliance decided to survey on whether citizens approved judge past wrongdoings retroactively in of the blacklist campaign. In a poll just accordance with the latest political law after the movement’s launch, about 85 provisions and civic groups’ proposed percent of respondents supported it. revisions. To minimise controversy, About 85 percent also said they would the alliance sent politicians copies of back the campaign even if it was illegal materials unfavourable to them so that under the current Election Law. they could defend themselves. Legal advisers including lawyers supporting Theoretical and legal legitimacy was the campaign reviewed legal matters also important. An advisory group of 150 including libel. professors in political science, sociology and law presented the theoretical basis The final list was reviewed by the for the movement. Its legal advisers 100 Voters Committee, a sort of jury and other lawyers’ organisations filed consisting of civic group members, a petition with the Constitutional Court and approved by a meeting of against the Election Law provision that representatives from participating banned the blacklist drive, and provided organisations. Voters committees counter-arguments against politicians’ existed in 12 regional chapters and claims of libel. three religious groups, too. In making up the list, the alliance ruled out political It was not easy for the media to disclose considerations. Though it consisted of the names because of fierce opposition progressive groups, they agreed that the from the politicians on the list. But under movement should not act as a judgment strong pressure from public opinion, on political views. not only liberal but also conservative newspapers and public broadcasters The first blacklist was announced on 22 reported it. The alliance also formed a January and 22 February. It aimed to cyber-team to communicate with Internet block party nomination of 102 figures. users. Use of the Internet was already Of them, 44 failed to get candidacy, with widespread and various online media some voluntarily withdrawing. The rest outlets were popping up. The campaign ran for election either as party nominees garnered explosive support online, to or independently. The second blacklist which the movement’s overall success was announced on 3 April, ten days was attributable. In late March, the

236 alliance began a cross-country bus tour the seriousness of the situation, let and collected signatures to promote alone carry out reforms. While ignoring voter participation in the elections. Some a flood of corporate bankruptcies, mass 330,000 citizens signed up, promising unemployment and other simmering to vote and consider the blacklist when social problems, lawmakers abused their casting their ballots. immunity to sabotage investigations into corruption in what was derisively called On 3 April, the alliance unveiled the a ‘brain-dead’ and ‘bullet-proof’ National final list and launched a ten-day drive to Assembly. The blacklist drive, though defeat blacklisted candidates, especially led by civic organisations, was in fact a zeroing in on 22 big-name politicians. citizens’ resistance movement. The alliance used ‘shadow candidate’ tactics. For example, it dispatched a Another major factor in its success renowned human rights lawyer to head was the strength of the nation’s civic the campaign against a candidate movement that had built up since allegedly involved in torture as a the June 1987 democratic uprising. prosecutor. The effect of the symbolic Diverse civic groups concerned with contrast was as powerful as that of the environment, women’s rights, local several mass campaign rallies. communities, political reform and fighting corruption expanded rapidly through the Achievements and limitations 1990s and reached their peak in 2000. In addition, civic groups sought solidarity Of the 102 on the nomination blacklist, based on their shared experience of 44, either failed to win party nomination the pro-democracy movement under or gave up candidacy. Of the 86 on the the dictatorship. It would have been second list, 59 lost elections, including a impossible for more than 1,000 groups number of party big-wigs. The movement scattered across the country to agree on particularly targeted 22 influential standards and form an alliance for the politicians, of whom 15 were defeated. blacklist campaign without their shared The results in Seoul and nearby areas history of hardships and pursuit of a were more dramatic with 19 of the 20 common agenda. blacklisted losing elections.116 Fresh wind blew through Korean politics. The Internet also played a crucial role, providing new tools and The success of the campaign stemmed forums for political communication. from a combination of political events. Restrictive measures in the Election Citizens’ desire for political reform was Law were unable to gag the dynamic as strong as ever, especially after the communication of the Internet. The financial crisis of late 1997. Public aspiration for reform among the distrust in political leaders’ ability to deal generation behind the pro-democracy with the crisis and anger about corruption movement and the younger Internet- by the privileged elite were ever fiercer. savvy people sustained the blacklist But politicians did not even understand movement and altered the form and content of Korean politics drastically. 237 that had been embedded in the way However, the blacklist movement was parties, elections and political funding not free from disputes, with complaints were run. Furthermore, in the wake of coming from both conservatives and the movement, new progressive forces progressives. Conservatives compared became much better placed to enter the movement to China’s Communist politics. Red Guards, accusing it of one-sided attacks and abusing the power of public Conclusion opinion. Such criticism was raised mainly by the opposition Grand National Party The movement rode on a wave of (GNP) and spread by conservative citizens’ anger at crooked politics media. Many members of the GNP were and created a crisis in the political involved in corruption and military coups. establishment. Battered by the Their argument was strengthened when movement, politicians became painfully the then liberal ruling party supported aware that they were far behind the the blacklist campaign, judging that its times and could not survive without candidates were not threatened by the fundamental reforms. It dealt a serious movement. blow to the structure of corruption and collusion among old parties and But the movement never used political considerably weakened the influence powers and the blacklist was designed of their corrupt bosses. Reforms of only to help voters make an informed electoral, funding, parliamentary and judgment. Moreover, its protagonists party systems began in earnest. strived to exclude any political considerations and the result was not The creation and disclosure of records necessarily disadvantageous to the of parliamentary activities was also opposition party. In fact, GNP candidates enhanced and the screening of won in most of the party’s traditional politicians’ assets and the monitoring strongholds. Progressives criticised the of their legislative activities became movement for focusing on individual standard procedure. After the politicians, rather than structural reform. parliamentary elections, the National They also claimed that the movement Assembly launched a special committee was so preoccupied with maintaining on political reform and began work to political neutrality that it neglected to do amend political laws. what was needed to help progressives advance in politics. The blacklist movement especially acted as a catalyst for substantial changes This argument was also less than to party nomination procedures. For convincing. The movement was an effort to pave the way for long-stalled political reform, and indeed added critical momentum to pull down the 116 Seung-nyong Lee, ‘Morning After Blacklist privileges of political conservatives Campaign’, Korea JoongAng Daily, 16 April 2000

238 the presidential elections two years Taeho Lee, Secretary General, later, the ruling party chose its standard People’s Solidarity for Participatory bearer through primaries in which both Democracy (PSPD), South Korea party members and general citizens voted. A one-person, two-vote system Taeho Lee is the Secretary General was introduced for general elections, of People’s Solidarity for Participatory allowing voters to cast ballots for their Democracy (PSPD), a FORUM-ASIA favoured party, as well as their preferred member organisation. He has been a candidate. With the new system, parties Coordinator of PSPD since 1995. After and their policies were now judged by joining PSPD he was responsible for the voters separately from candidates. The anti-corruption movement and especially system allocated parliamentary seats in the protection of whistle blowers who proportion to the votes each party won, disclosed corruption of arms contracts. in effect lowering the barrier for new parties to enter politics. After the establishment of the Center of Peace and Disarmament of PSPD in Most importantly, the campaign 2003, he has organised various projects helped spur voters’ voluntary and concerning disarmament and the creative participation in politics. Voter democratic control of security powers. participation advanced beyond the His efforts for peace and disarmament blacklist movement. Open nomination include, among others, a campaign systems gave rise to a political against the War on Iraq and Afghanistan supporters’ movement. The new (2003), a campaign against the form of participation often triggered production of the Korean helicopter and political storms that catapulted formerly a movement against the establishment marginalised politicians to the centre of the naval base in Jeju Island, South stage, as shown by the rise of the Roh Korea. Moo-hyun administration. The blacklist movement stirred a fresh and dynamic wind of change to Korea’s electoral and political culture in the early 2000s.

***

239 240 ‘We need to establish accountability (..) we need the truth, without it I don’t think we can move forward.’

Shahindha Ismail Executive Director, Maldivian Democracy Network (MDN), the Maldives

241 242 243 ‘The most important thing is (..) to have an impact. It is not only about writing a report and leaving after, you have to bring it back to the society.’ Ichal Supriadi Executive Director, Asian Network for Free Elections (ANFREL)

244 chapter 4 THE FUTURE OF HUMAN RIGHTS IN ASIA

Asking people what they believe the inputs was done by the editors of this priority challenges or opportunities book. for human rights in Asia are, is both impossible and important at the same The following should therefore not be time. seen as a conclusive or final overview of all the challenges that Asia has to On the one hand, it is impossible to face in the coming years, nor of the predict the future. Asia is such a vast possible developments which might help region that it is difficult to generalise. in combating them, but as input to the And there are so many issues that are all discussion on the future of human rights inter-related, that it is difficult to separate in our region. them. Deciding early on what the issues of the future are, might even close our The first part of the chapter introduces eyes for new developments. the key challenges that were identified. Some of them are new, most of them are On the other hand, looking to the not. The second part of the chapter looks future to foresee certain trends and at opportunities and requirements that developments, should be a key might contribute to the improvement of component for planning, monitoring and the human rights situation in Asia. evaluation of any organisation. Even more so, when attempting to prevent The first part is significantly longer than humanitarian crisis or developing early the second. Most people that contributed warning mechanisms. were fairly pessimistic. However, that does not mean they were throwing in the The following chapter presents an towel. On the contrary, all the people that overview of issues and possible ways were interviewed are fighting for human forward as they were identified by rights in Asia. Many have been doing so the various people that gave input to for many years, decades. They are not this publication. They did so through giving up. their participation in meetings, by being interviewed or through written 1. Key Challenges for Human Rights submissions. Obviously the overview in Asia is not comprehensive. The priorities and trends were subject to the opinions Looking towards the future, most of those particular people that were experts that provided input to this project involved. More significantly, the painted a bleak picture. Describing how clustering and summarising of these progress and regress related to human

245 rights in Asia tends to come in waves. down on civil society. Many indicated we seem to be flowing backwards at the moment. In different places across the region this phenomenon is implemented through Backtracking on some of the human different means, however, it seems that rights progress that was achieved, was strategies are also copied from one place highlighted across a range of issues, to another. Bad ideas seem to spread specifically women’s rights, as well like viruses. as a reinterpretation of international commitments. Reviewing the many One of the principal tools through which challenges the region is and will be Governments in the region have been facing in the coming time, the following silencing civil society, has been the nine themes were highlighted repeatedly. criminalisation of dissent. Threats and abuse of power, as well as the adoption a. Enforced disappearances, extra- of laws and regulations, that limit the judicial killings and a culture of impunity Freedom of Expression (FoE) and Freedom of Assembly and Association Potentially the most devastating trend (FoAA) of those that are critical of the that was identified is the perceived ones in power, have become common increase in enforced disappearances practice in many countries across Asia. and extra-judicial killings, which is being hidden by a culture of impunity and fear. Several regimes have decided to openly Human rights refenders (HRDs) and target non-governmental organisations reporters have long been the targets (NGOs). New restrictive laws regulating of these horrific ordeals. A new group, NGOs, include: obligations to register though, that is increasingly being and constantly report on activities victimised are bloggers. Clearly no one and finances; restrictions on funding should have to worry for or pay with their from abroad; and limits on who NGOs lives for standing up for human rights. are allowed to associate with, like Addressing this trend should therefore be international institutions, agencies and a priority everywhere. processes, including the Universal Periodic Review (UPR) of the UN Human b. Shrinking space for civil society Rights Council (UNHRC).

Directly related to the above described Human rights organisations have been trend, and by far the most mentioned, fined, prosecuted and expelled based on is that throughout Asia there seems these laws. Not only does this represent to be shrinking space for civil society. a blatant violation of their rights to FoE Obviously, the more authoritarian the and FoAA, it represents a diminishing of regime, the worst this trend is. However, democratic space and an undermining of unfortunately it was also noted that their political rights. several countries, that claim to be democracies, are increasingly cracking Many of these arbitrary regulations have

246 also been aimed at silencing media. Both not limited to countries that are directly traditional and online media have been affected by armed conflict though, it physically and legally at risk. Having a is also seen in many places that are vibrant and diverse media landscape supposedly at peace. Real, perceived is essential in any country, and a key or created threats of terrorism, powerful component of a functioning democracy. neighbours or crime are used to justify It is a worrisome trend to see this being the securitisation and militarisation of actively countered in so many places in society. Defence spending has been Asia. increasing throughout the region. Increases in one country trigger similar c. National security discourse and responses in neighbouring countries militarisation of society further stimulating an arms race. Current tensions, in particular in East Asia, are One of the discourses that is increasingly likely to advance this trend in the coming being heard is the justification of the years. above described crack down on civil society and other forms of human rights Civilian oversight over the military violations based on national security. and security sector has always been Under the guise of protecting the safety limited. Enhances in regional and and security of the nation, the rights and international military cooperation further freedoms of people are sacrificed. limit democratic control over the sector. Combining this reality with the fact that Obviously this practice is most prominent in all Asian countries the spending on in those countries in the region that are defence consumes a substantial amount still suffering from armed conflict. Asia of all Government revenue, should be is host to some of the longest-running considered a serious violation of political violent struggles in the world, including rights. In countries where the military still several relating to the right to self- has complete or covert control over the determination of groups that have long Government their influence over society been repressed. extends to not just political, but also economic power. While the relation between peace and human rights has long been recognised, Counter-terrorism arguments are an this has not led to the realisation that integral part of the national security peace, human rights and sustainable discourse. The doctrine of fear that has development are interlinked to the extent inspired anti-terrorist laws across Asia is that neither can be reached without used to violate human rights on a daily realising the other. In a similar fashion, basis. reconciliation and learning from the past have rarely been considered a priority in d. Flawed democracies and good post-conflict countries in the region. governance

The current militarisation of society is When asked about the future of human

247 rights in Asia, several participants of people to exercise their right to vote also reflected on the many flawed freely is being curtailed in many ways, democracies across the region. including: obstacles to register to vote; Good governance and transparent intimidation and use of bribes; and institutions are still a distant dream in refusal to allow international observers. many countries. Restricting the right to information and press freedom e. Marginalised groups were indicated as closely linked to the limitations of Asian democracies. Many people in Asia face the violations of their human rights on a daily basis. The importance of the rule of law was There are certain groups in society highlighted by many as well. A properly though that face additional challenges functioning and independent judiciary only because of who they are. needs to be a key component of the rule of law. While it was indicated that Women continue to be confronted gains have been made in relation to the with larger obstacles when it comes adoption and ratification of international to the realisation of their human rights and domestic declarations, institutions compared to men. Even in the most and laws; implementation remains progressive parts of the region, women problematic in many places in the region. are still at a disadvantage. However, in It was pointed out by several participants many other places their rights are being that in some countries there have been violated to the extent that they are turned active attempts to undermine or hollow into less than secondary citizens. out existing human rights mechanisms. Arguments that dispute the universality There has been some progress when of human rights are often used to justify it comes to the setting of standards, in such actions. particularly stemming from the Beijing Platform for Action, the Convention Another issue that was highlighted as on the Elimination of all Forms of being of great importance, but also a Discrimination Against Women challenge for human rights in Asia, was (CEDAW), and other international elections. There have been positive instruments. However, implementation developments related to elections in has been disappointing. More certain countries, including an increase lamentably, some Governments in the in the participation of different political region have been consciously trying to parties, the involvement of civil society, undermine the commitments that were and the relatively peaceful transfer of made in the past. Some experts even power. doubted whether the gains made through the Beijing Platform for Action in 1995 However, in other places elections have would have been possible under the become increasingly flawed. This does current leadership in the region. not merely relate to the voting itself, but to the entire electoral cycle. The ability

248 However, within and among civil society their situation will follow later in this progress has been made, which has chapter. and will continue to improve the position of women in Asia. This centres on the f. Radicalisation and polarisation recognition within the human rights movement that women’s rights are Radicalisation and polarisation, both human rights. An example of this is the within and between countries, were inclusion of domestic violence in the seen by many as another worrisome human rights agenda for the region. This trend in Asia. While in many instances shift of mind-set is crucial for equality to this is linked to religion, other forms of be reached. fundamentalism – based on ideologies or national identities – are on the rise too. Another group that has long been recognised as at a greater risk of having Human rights violations, including their rights violated are indigenous violence and killings, in the name people. Across Asia indigenous people of protecting religion or religious continue to face conflicts related to land sensitivities are intensifying. Incitement and self-determination, among other of hatred and polarisation are at the things. Most notable is that many of basis of all such incidents. Religious these conflicts are further exacerbated minorities, women and LGBTIQ people by large scale development projects that are particularly under threat. However, threaten indigenous communities and those pertaining to the religious majority their life-styles. groups find their right to Freedom of Religion or Belief (FoRB) restricted too, if A group that is relatively new in its merely by having their right to choose or political mobilisation in Asia is the change taken away. lesbian, gay, bisexual, transgender, intersex, and questioning (LGBTIQ) The politicisation of religion and the community. By no means new in society, religionisation of politics are particularly their integration in the regional human problematic. Legislation on hate speech, rights movement remains difficult, incitement, blasphemy and defamation of unfortunately even from within the religion is being used to restrict or violate movement itself. LGBTIQ people face human rights in the name of protecting serious human rights violations on a daily religion or religious sensitivities. At times basis, and the protection and promotion State authorities are reluctant to bring of their rights should be at the top of the those responsible for abuses of FoE and list of priorities. FoRB – including physical attacks and killings – to justice. This can be due to Both migrants and refugees, and the fear of being portrayed as against religious minorities were identified as religion themselves or the risk of losing groups that face additional challenges political support from members of their related to human rights too. More about constituencies, including religious or nationalist groups. In many cases, States

249 have tacitly supported the actions of rely on cheap labour. To stay ahead, this non-state actors, including extremist means that labour needs to consistently factions, which has resulted in the further becoming cheaper. Violations of labour exacerbation of rights violations. rights are an unmistakable result of this. Particularly women are victims of this in The blurring of the distinction between many countries. religion and ethnicity are resulting in exclusionary nationalistic identities. Human rights related challenges that Leading minority groups to being HRDs in Asia have long campaigned marginalised and targeted even further. against remain. This includes corruption, land-grabbing and the intrusive projects However, these forms of radicalisation of extractive industries. However, and polarisation are not limited to the human rights movement has religion. Similar processes can be seen become more aware of the need to based on ideology or national identities. expand its work to address the role of Particularly the polarisation between businesses and corporations. Particularly countries, among others triggered by globalisation and multi-country trade territorial disputes, is cause for concern agreements have contributed to this. in the region. This has led to the creation of a global, parallel legal system, beyond the g. Economic justice and inequality scope of national legislation. Human rights violations related to this cannot From its beginning FORUM-ASIA be addressed by only engaging with recognised the interconnectedness Governments. The human rights between development and human rights. movement will need to expand with The right to food, health, housing or whom it engages and enter the world of work, to name a few, are all basic human global industries and trade. rights. While progress has been made when it comes to the sheer number of h. Environmental and climate justice people in Asia who have these rights realised, the magnitude of the population Undoubtedly, environmental and in the region is so large – more than half climate related justice are of increasing of the world’s population lives in Asia importance for people in Asia. The Pacific – that many are still left behind. struggle for resources, in particular More so, the inequality gap and the land and water, is becoming more consequences of belonging to the ‘have- intense. Many conflicts, and subsequent not’s’ are becoming more dire. human rights violations, are linked to the fight for land and access to natural Economic growth has been unequal resources. Long-standing disputes over among the different countries in the ancestral land, as well as resistance to region. Globalisation and free-trade big development projects that infringe have created a competitive market in upon the rights of local communities, are which many Asian economies largely further intensified.

250 This is further exacerbated by the their temporary or final destination, they degradation of the environment and face discrimination, detention and further the consequences of climate change. exploitation. The overall majority of them Asia houses some of the countries have no access to justice, education, most vulnerable to global warming and employment or health services. climate change. Floods, desertification, mudslides and rising sea-levels are There is a serious leadership crisis threatening the areas and communities with regard to migration in the region. that people live in. Neither sending nor receiving countries take responsibility. Many countries in At the same time, Asia also hosts the region have not signed nor ratified some of the most populous nations in international treaties on migration, the world. Combined with the above including the 1951 Refugee Convention mentioned climate change induced and the Stateless Convention. More so, risks, the prospect of huge numbers of most countries lack national legislation environmental refugees is very real. to protect refugees, while regional frameworks are weak or non-existent. i. Migration and human trafficking Asia has seen an increasing The world is currently facing an securitisation of migration. Many unprecedented flow of displaced people. Governments speak about how Asia is no exception. On the contrary, migrants are a risk to national security. some say that the numbers of refugees Governments demonise refugees and and migrants, as well as their treatment migrants as people who take jobs is among the worst in the world. from local people, and bring terrorist ideologies or ideas, and so on. Little The most common reasons for attention is given to the human rights of migration in the region are: socio- migrants. More so, few people talk about economic disparity; lack of employment the positive things these migrants bring opportunities; threatening or unstable to their new homes. political situations; and armed conflicts. Increasingly migrants and refugees in Migrants – both cross-border and rural- Asia are using dangerous and risky urban – and refugees are among the routes, including over sea. Many of these most vulnerable groups in any society. are not being reported, in particular when More so, for fear of being deported or it comes to urban refugees. Irregular detained, they do not dare to stand up for migrants are exploited or fall in the hands their rights. The probability of increased of human traffickers. The seriousness migrant flows in the coming years is of such practices has most recently high. This means migration and human been exposed in the discovery of mass- trafficking needs to be a priority for graves. human rights in the region.

Once migrants and refugees arrive in

251 2. Windows of opportunity to look out for gained from regional and international solidarity should not be underestimated. In addition to asking what people The need to regain such regional considered to be the main challenges solidarity and potentially even the need or threats to human rights in Asia, to (re)create and promote a sense of participants were also asked what Asian identity, was mentioned by many. windows of opportunity or contributing factors they saw to improve the human • Communication tools and media rights situation in the region. While by no means exhaustive, the following are Obviously communication is crucial to some of the points that were raised. both these approaches. The array of communication tools at our disposal • People need to know their rights in comparison to 25 years ago is staggering. The possibilities of using Potentially the most important thing to Information and Communication improve the human rights situation in Technologies (ICT) for human rights Asia is for people to know their rights. work are essential to be able to To know what they can claim and what exchange information, collaborate across they are entitled to. Once people’s boundaries and raise awareness among knowledge and awareness about their people. rights are increased, they can be more critical of their Governments, and of the The role of the media – both traditional interpretations and implementation of and social media – is essential in this. their rights, including of those policies The power of both forms of media to that sacrifice human rights in the name influence and shape public opinion of national security, religion or economic is unprecedented. Politicians have growth. A new generation of HRDs needs long realised this, which is why many to be created, one that will stand up countries in Asia have or are developing to repression and lead a new people’s different laws and legislation to both uprising. control the media – papers, radio and TV, but also the arts and entertainment – and • People’s solidarity regulate cyber space.

Related to the above mentioned point, Both these channels are crucial for many hailed the solidarity that existed the human rights movement to get among Asian peoples, and the rest of the its messages and information out. world, in the 1980’s and 1990’s. There Prioritising freedom of the press and was a perception that people were united countering cyber space regulations that against the violations of human rights in restricts freedom of speech should be different places across the region, such a priority. Collaboration between civil as East Timor, Burma, Sri Lanka and society and the media – two camps that Nepal. The inspiration and strength that do not always trust each other – is highly human rights activists from such places important to improve human rights in Asia. 252 • Institutions, publications and books The rate of ratification of human rights agreements has stalled in recent years, Over the last decades much has been and crucial agreements have still not learned about and related to human be signed and ratified by a number of rights work. Different experiences in countries in Asia. Still, those that have campaigning against human rights been signed or ratified present an violations have been documented. opportunity, a tool that should be used. This body of knowledge, in the form of academic and research institutions, • National, Regional and International publications, books, documentaries and Justice Mechanisms training materials, is there for all of us to use and learn from. In addition to treaties, declarations and conventions, many relevant regional An increasing number of people study and global justice mechanisms and human rights in or on Asia. While the institutions have been created over the mere studying of human rights can last decades. Regionally, the ASEAN never replace actually getting involved Intergovernmental Commission on in the struggle, their knowledge can be Human Rights (AICHR) and the ASEAN very helpful. They should be included Commission on the Promotion and and called upon to support the fight for Protection of the Rights of Women the protection and realisation of human and Children (ACWC), and globally rights. institutions such as the International Criminal Court (ICC) and the Universal • Declarations and treaties Periodic Review (UPR) process of the UN Human Rights Council (UNHRC) are In comparison to 25 years ago, many a recognition of the importance of human more States in Asia have ratified and rights. Not all of these institutions have signed on to a number of human been able to live up to the expectations rights related declarations, treaties they created when they were originally and conventions. These represent established though. international commitments to respect, protect and realise human rights. On a national level, an increasing number of countries in the region have Implementation is obviously the established National Human Rights important part, and also the part that Institutions/Commissions (NHRIs). leaves much to be desired across There are great differences in the scope, the region. However, they represent mandate, powers and relevance of commitments and tools that should these different NHRIs. This has led to be used and utilised. Governments the experiences that HRDs in the region should be called upon to honour have had when engaging with these their commitments, and international institutions being very unequal. institutions should be approached for support if they do not.

253 Still, whatever the experience may be, • Human Security, Developmental the fact is that these institutions and Justice and the Sustainable mechanisms exist. They represent a Development Goals (SDGs) recognition of the need to promote and protect human rights. It is up to the At the same time, there has been human rights movement to make sure increasing recognition of the that these institutions function in a way interconnectedness of human rights with that is useful for people’s daily lives. peace and sustainable development. The distinction between the three is seen as • Corporate Social Responsibility (CSR) artificial. More so, socio-economic rights of people are at the basis of sustainable Many people in the consultation process development, while the right to peace placed importance on the role that has gained acceptance across the globe. businesses and corporations have in When people live with armed conflict relation to human rights. It is therefore or war their human rights are violated not surprising that Corporate Social constantly and consistently, while living Responsibility (CSR) was recognised as in poverty guarantees basic human rights an opportunity for HRDs. not being met.

Different campaigns to urge corporations Concepts like human security and to act responsibly and to respect developmental justice thus should and protect human rights have seen be seen as instruments to promote different levels of success. Multinational human rights, security and development businesses, particularly those operating cohesively and holistically. They also in developing countries, are called upon force the human rights movement to to respect the rights of both the people assess and attempt to address the root- that work for them, and of those in whose causes of human rights violations, and environment they operate. assure that this is done through a long- term and sustainable approach. Consumers have an important role to play here. Information on the conduct The recently adopted Sustainable of businesses should be made public Development Goals (SDGs) have by HRDs, including specific options for recognised this reality as well. Asia consumers on what to do. Pacific has been modestly successful at fulfilling the predecessors of the Another suggestion that was made was SDGs, the Millennium Development to promote international solidarity among Goals (MDGs). The MDGs, which were labour forces, potentially even using adopted in September 2000, focused global strikes to demand the protection primarily on making an end to poverty, and realisation of labour rights. hunger and disease. In Asia Pacific, it is estimated that 13 of the 21 MDG targets were realised. Mostly these were in the areas of: decline in poverty; access to

254 water; and decline of both maternal and • A new, young human rights movement under-five mortality rates. Finally, all people, who participated in Other targets proved to be unattainable, some way or another in the collection while the sheer number of people in the of inputs for this publication, agreed to region has assured that much remains the need to grow and strengthen the to be done. Many still live in disastrous human rights movement in Asia. A new circumstances without having their basic and young generation of HRDs needs human needs and rights met. to be capacitated and supported to lead the movement. With them new energy The SDGs, which have been set for the and ideas will come, which is crucial to coming 15 years with the hopes of being be able to counter constantly changing realised in 2030, differ quite significantly strategies of those who are violating from the MDGs. Where the MDGs human rights. consisted of eight goals worked out through 21 targets, the SDGs cover 17 However, this growing of the movement goals and are ambitiously setting out to does not end with youth. It is also realise 169 targets. needed to engage and collaborate with many stakeholders that have not always More significantly, in assessing the been natural allies. These include: media MDGs it became clear that a major and reporters; international institutions obstacle had been the failure to address that are not specifically focused on the root-causes of poverty and inequality. human rights, like the UN’s Children’s Conflict-affected countries, for example, Fund (UNICEF), UN Women, the UN were among the least successful in Development Programme (UNDP) realising the MDGs. This is why from or the UN Human Security Unit; and the very initial drafting process the businesses and corporations. SDGs attempted to address such root- causes. Among others, this has led to 3. Conclusion the inclusion of peace and justice in the SDGs. Looking at the SDGs, goal 10 Clearly the array of issues and – reduce inequality within and among challenges that have been prioritised for countries – and goal 16 – promote the future of human rights in Asia are justice, peaceful and inclusive societies many. This list is not exhaustive. Many – will be particularly relevant for Asia more issues could and should be added. Pacific. According to the many people we talked to, Asian human rights is at a low point Given that the SDGs were adopted at the moment. However, there are also by all 193 UN Member States, they many opportunities and possibilities to too present an opportunity to promote make a difference to improve the lives of human rights in correlation with peace people across the region. and development.

255 What is important is that all the people that contributed to the above overview, were willing to do so, and believed in the exercise. Even though they identified many challenges, they have not given up entirely. They still believe there is a future for human rights in Asia.

256 ‘(..) You don’t teach the community, you learn from the community (..) when you engage with the community, when you progress (..) their issues, then you understand how hard it is and your perspective changes.’ Sevan Doraisamy Executive Director, Suara Rakyat Malaysia (SUARAM), Malaysia

257 258 Short Message Service (SMS) Blast: An Innovative Movement for Greater Human Rights Challenges A story from the Commission for the Disappeared and Victims of Violence (KontraS)

By Rei Firda Amalia, International Participation in human rights Desk, KontraS, Indonesia advocacy and campaigns

‘In more theoretical terms, social For us, challenges come in many movements require ongoing collective forms. One of them is the lack of power that is, the ability to mobilize wider participation for human rights collective action – to effectively confront advocacy and campaigns. The people power elites,’ (Claus & Wiesenthal, who participate in our campaigns and 1980). advocacy are mostly the same people who already participated in our previous In today’s world positive changes for activities. There are two reasons democracy and human rights cannot behind this problem: first, the lack of be achieved by any single actor, not understanding of or even willingness by any single activity, nor by any single to learn about human rights among the organisation. Change will come when general public; and second, those people all in society that want it stand together who are willing to participate do not hand in hand, willing to collaborate know how to contribute to human rights together in order to achieve the desired advocacy or campaigns. situation. Democracy and human rights cannot be exclusively for only some KontraS – a leading human rights people, some organisation, or some part organisation in Indonesia – has been of the country. They need to be enjoyed trying to address that particular challenge by all, fought for by the entire society by using various different tools, in a collective effort. In Indonesia, this including Twitter, Facebook, YouTube, situation is both a challenge and an SoundCloud, websites, and now Short opportunity for civil society organisations Message Service (SMS) blasts. The (CSOs) who work for human rights, such question is, why are such tools, like SMS as the Commission for the Disappeared blasts, significant for strengthening the and Victims of Violence (KontraS). human rights movement?

259 SMS blasts second largest Islamic organisation in Indonesia – from researchers This article will specifically explain one of from various organisation, including the newest strategies used by KontraS; the Indonesian Institute of Science the SMS blast as a new campaign tool (LIPI), from CSOs working on different for human rights. Obviously, to some issues, and the wider public. The Mass SMS blasts may sound out of date Organisation Bill equated a diverse compared to other communications tools, group of CSOs under the same strict such as WhatsApp, LINE, Google Talk regulations. From radical groups that use (GTalk) and more. However, SMS texts violence and intimidation as their tools to are still widely used in many remote achieve their interests, to organisations areas of Indonesia away from Java, that have non-violence as their core which do not have strong mobile phone principles and values, under the Bill they coverage. Thus, as a communication were all considered to be the same. tool SMS messages are still important in order to reach a wider audience and to Direct message to Marzuki spread news. The Coalition for Freedom of Assembly In some situations, SMS blasts can be – which KontraS was also part of – was used as an easy way to campaign. The established shortly after the Government advantage is that the target audience, formed a Task Force on Mass the SMS receivers will instantly receive Organisation in October 2011. From the message directly to her/his phone. the very beginning the main aim of the KontraS used this SMS blasts campaign Coalition was to reject the Bill on Mass tool for the first time in mid of 2013. Organisation.

Bill on Mass Organisation The day before the Plenary Session would be held in the House of At that time, Parliament was trying to Representatives, KontraS, together with rush the Bill on Mass Organisation to be the Coalition for Freedom of Assembly, passed, which would limit CSOs through set out a last ditch campaign. At that several key restrictions, such as: the time, KontraS asked the all citizens prohibition to develop and disseminate to send a short message directly to theories or ideologies that are contrary Marzuki Ali – who served as Speaker of to Pancasila;117 banning engagement the House of Representative from 2009 in activities that endanger the integrity to 2014. The message was concise of the country; and forbidding activities 117 Literally ‘Five Principles’, it comprises five contrary to the Constitution (Article 50, principles held to be inseparable and interrelated: paragraph 2 of Mass Organisation Law). 1) Belief in the one and only God, 2) Just and civilised humanity, 3) The unity of Indonesia, 4) Rejection of the Bill was coming from Democracy guided by the inner wisdom in the unanimity arising out of deliberations amongst various parties, both from religious representatives, and 5) Social justice for all of the groups such as Muhammadiyah – the people of Indonesia. 260 and clear, demanding the House not to categorised Burma still as not free, while authorise the Bill. it made quite significant progress. Other Southeast Asian countries, such as The first kick off message came from the Indonesia before the Mass Organisation Coordinator of KontraS: Bill was enacted, were still categorised as free. Most Southeast Asian countries ‘I am Haris Azhar, from KontraS. With his were categorised as partly free. message I would like to ask you, Marzuki Ali, and the House of Representatives Recognising that restrictions on FoAA that you lead, not to pass the Mass were a common problem in Southeast Organisation Bill tomorrow.’ Asia, KontraS raised the problem faced by Indonesian CSOs as a regional This short message was sent a day problem and invited all the members before the Plenary Session. It was of FORUM-ASIA to get involved in the followed by many, many more, all campaign as a form of international carrying the same message, showcasing solidarity. the public support for the campaign. Interestingly, the short messages did not Voices from outside of only come from Indonesian citizens, but Indonesia also from people from across Asia. To some journalists, Marzuki Ali confessed The enthusiasm from many segments that he received short messages of society showed that the public regarding the Mass Organisation Bill rejection of the law was strong. People from India, Malaysia and many other from outside Indonesia also became countries. All the messages he received involved. For example, Nalini Elumalai, were demanding the Parliament not to a prominent human rights defender from pass the bill. Malaysia, whose organisation is also Freedom of Assembly and a member of FORUM-ASIA, send the Association following SMS to the Speaker of House: ‘Att. Mr. Marzuki Ali, we send you this To gain more participation regionally, note to voice our opposition towards the KontraS invited the members of FORUM- Ormas Bill, as it will unduly constrict the ASIA to participate in the campaign. space that civil society organisations This initiative came after we considered can operate in and seriously erode the that, according to a Freedom House hard-won democratic space that exists in report, the Freedom of Assembly and Indonesia today. We therefore urge you Association (FoAA) had not been fully to postpone the passage of the Ormas realised throughout Southeast Asia.118 Bill. Thank you for your attention.’ It seemed that FoAA, while one of Nalini Elumalai, Suara Rakyat Malaysia the fundamental freedoms, was not a (SUARAM), MALAYSIA119 priority for some of the Southeast Asian countries. The report, for example,

261 However, Marzuki Ali was not open learnt are as follows. Firstly, the words to the participation from the rest of used must be clear and concise, in the region. With a narrow definition of accordance with the space provided by a sovereignty, Marzuki Ali interpreted the text message. The clarity of the message messages from other Asian countries as delivered is determined by the choice forms of foreign interference in domestic of words used. Secondly, when an SMS business. His reply therefore said: is intended to raise public participation, they need to be followed up by a phone ‘This is my country, no one can call to make sure the explanation is clear. intervene.’ In the case of a lawsuit on the Election SMS reply from Marzuki Ali to Nalini. Law, for example, most of the data was identified as incomplete, so to confirm The involvement from across the region the data was clear it was repeated to the was highlighted by several prominent public concerned by phone. Last but not media. In an interview with Liputan 6, least, SMS blasts are quite expensive. Marzuki said that all the messages that In our case, for example, every message had come from the rest of the region targeted around 9,000 people. were forms of foreign intervention in Government affairs. He also stated that Meanwhile, on the positive side, a few many non-governmental organisations opportunities also need to be highlighted. (NGOs) in Indonesia affiliated First, SMS blasts can reach many people themselves with foreign agents, as who would like to get involved with and evidenced by this action. participate in an attempt to progress human rights, including those who are Challenges and opportunities and those who are not familiar with social media and the Internet. Second, when Marzuki Ali’s statement about the it comes to the geographical scope and SMS messages, including those reach of SMS blasts, including remote sent by foreign citizens, reflected the areas, other communication methods are Government’s perspective that mass less effective. Third, with one message organisations, politically active citizens, a massive audience can be reached by and critical public opinion are threats. using a SMS blast. The Government has not been able to see the positive side of the SMS blasts. It is crucial to evaluate tools, such a SMS It has not been able to consider an blast, to determine their role in helping to increase of public participation when mainstream human rights in relation to it comes to issues of public policy – specific public policies or decisions made particularly policies, laws and regulations by policy makers. related to fundamental rights, such as 118 https://freedomhouse.org/report/freedom-world/ FoAA – as a good thing. freedom-world-2013 Accessed on 7 October 2015.

Aside from that, SMS blasts have their 119 Liputan6, ‘Marzuki Alie Dapat SMS dari own challenges. Some of the lessons we Malaysia, Diduga Intervensi RUU Ormas’, 24 June 2013. 262 The future of SMS blasts Rei Firda Amalia, International Desk, KontraS, Indonesia Considering that many CSOs are based in the big cities, SMS blasts can be Rei Firdha Amalia works for the considered a good alternative to gain International Desk of the Commission wider support from both the people from for the Disappeared and Victims of the periphery areas, as well as from Violence (KontraS), since March 2013. across the border. They present an ability She studied International Relations and to connect directly with the targeted Affairs at Padjadjaran University (Unpad) people. It is an easy way to communicate in Indonesia. Before joining KontraS she with people from many different levels in worked as Project Officer with KOMDIS society. Mengajer, Jatinangor.

SMS blasts are one of the different communication methods that allow for a massive group of people to be reached all over a country. Something that is very convenient, particularly in such a large country as Indonesia. However, since the development of new technologies is moving faster and faster, in the near future inevitably new technology will replace the conventional SMS blast.

In the end the increase in public participation, as happened in this campaign to reject the Mass Organisation Bill, is what matters. People from the grass-roots, periphery areas, and from across the borders, could all easily participate in this campaign. By using a simple tool, like an SMS message, a local organisation, like KontraS, and a regional network, like FORUM-ASIA, were able to collaborate to promote and protect human rights.

***

263 264 ‘If you want to be a real activist citizen of this country, you have to keep learning and you have to make your contribution to the development of your country. Otherwise (..) nobody will do it on behalf of you.’ Naranjargal Khashkhuu President and CEO, Globe International Center (GIC), Mongolia

265 266 267 ‘The work for democracy and human rights is not a sprint or a dash, it’s a marathon. And (..) it’s important that we prepare ourselves for the long haul.’ Jose Luis Martin (Chito) Gascon Chair, Human Rights Commission of the Philippines

268 A Terrorist or involved with the 2002 Bali bombings. He was also suspected of plotting the earlier a Victim? mentioned terrorist attack on the UK The story of two Muslim and US Embassies in Phnom Penh, and Ustas from Yala convicted in absentia. Abdul Azi was arrested on charges of By Chalida Tajaroensuk, Executive transferring money to Hambali, while Director, People’s Empowerment Mohammed Yalalludin was arrested on Foundation (PEF), Thailand charges of communicating, by mobile phone, with Hambali. Both were given On 25 May 2003, the Thai Embassy life sentences under Article 3 of the Law in Phnom Penh reported that the on Punishment of the Acts of Terrorism. Cambodian Government had arrested two Muslim Ustas from Yala Province, Terrorists or victims? Thailand. Ustas Abdul Azi Haji Chiming and Ustas Mohammed Yalaludin The National Human Rights Commission Mading were suspected of having been (NHRC) of Thailand went to observe involved in acts of terrorism, specifically the trial at the Criminal Court. They suspected of plotting the bombing of the attempted to assist the two Ustas, but Embassies of the United Kingdom (UK) failed to do so. and the United States of America (USA). The two Ustas were brought before a The wives of the two Ustas came to Cambodian Court on 28 May 2003. FORUM-ASIA to ask for help. It caused a lot of discussion, and was a difficult Abdul Azi Haji Chiming and decision for the organisation. At the time, Mohammed Yalaludin Mading there was an ASEAN Ministers Meeting (AMM) being held in Singapore, and The two Ustas worked at the UM-Al- rumours soon circulated that FORUM- Qura Institute, a Muslim religion school, ASIA was going to support convicted in Kangsadan Province, Cambodia. The terrorists. initial two years they only worked as teachers, but after two years Abdul Azi Obviously this would greatly affect was promoted to be the school treasurer. FORUM-ASIA, its work, but also its donors. Eventually, the organisation, Suspected of plotting a under the leadership of the then terrorist attack Executive Director, Anselmo Lee, decided that I would conduct a fact- Hambali, who was regarded a key finding mission on the condition that the member of Jemaah Islamiah, an Asian trip would be supported by a diplomat. militant group suspected of having ties with Al-Qaeda, was arrested in Thailand I succeeded to convince Ambassador in 2003. He was suspected of being Surapong Jayanama, from Thailand, 269 to lead the trip. The renowned Thai would meet with the Thai Embassy in Buddhist Nun, Khun Mae Chee Cambodia. Upon return from my trips, I Sansanee, one Muslim lawyer and two would visit the Ministry of Foreign Affairs family members of the Ustas also joined. in Bangkok and update them on my findings. The fact-finding mission We brought a Cambodian lawyer to Yala The fact-finding team met with many to update the Muslim community about different stakeholders in Cambodia, the case, and also brought him to meet including organisations, lawyers, with Cambodian prisoners in Thailand, international and local non-governmental as well as with the Ministry of Foreign organisations (NGOs), the Thai Affairs of Thailand. Embassy, and Muslim groups. And also visited the two Ustas in jail. After six years the Thai Government succeeded in realising an exchange, From our fact-finding, we found that the where the two Ustas were traded for two two Ustas had indeed been involved, Cambodians who had been sentenced but had not had the intentions they were to death in Thailand. Abdul Azi and suspected of. Abdul Azi had indeed Mohammed Mayaludin were sent back to transferred money to Hambali, but only Thailand on 7 July 2009. because Hambali had left 3,000 US Dollars with him before going on a trip Now, years later, Abdul Azi works in to the provinces. He had asked for the Trangkanu, Malaysia, while Mohammed transfer several times, since he needed Mayaludin teaches Islamic studies at a the money while on his trip. Mohammed Muslim school in Yala. Mayaludin had indeed bought the mobile from Hambali, for a very cheap price. FORUM-ASIA received a thank you letter Both denied knowing that the person from the Thai Ministry of Foreign Affairs who came to stay with them at the UM- in June 2009. Al-Qura Institute was in fact Hambali. Hambali called to and from the institute *** many times using an old number, which had once belonged to Mohammed Chalida Tajaroensuk, Executive Mayaludin. Director, People’s Empowerment Foundation (PEF), Thailand Getting involved Chalida Tajaroensuk is the Founder FORUM-ASIA decided to take on the and Executive Director of the People’s case. It wrote a report on what had Empowerment Foundation (PEF), based happened, and submitted it to various in Thailand. She started her human rights Government Departments. For several activism when she was a student. She years, I would visit the wives of Abdul has worked for many years for various Azi and Mohammed Mayaludin, and human rights organisations, among them FORUM-ASIA. 270 ‘We need more solidarity and more energy (..) we have to encourage young generations to join our boat.’ Poengky Indarti Executive Director, the Indonesian Human Rights Monitor (Imparsial), Indonesia

271 272 ‘Human rights is a global perspective and global value, and therefore it should not be influenced by the geo-political.’ Makoto Teranaka Secretary General, Joint Movement for National Human Rights Institution and Optional Protocols (JMNOP), Japan

273 274 Rights’ Victory over Surveillance The story of the victory over the Government Communications Headquarters (GCHQ) of the United Kingdom (UK)

By Muhammad Arsalan Ashraf, censorship. Surveillance may only be Research Associate, Bytes for All, justified when it is prescribed by law, Pakistan necessary to achieve a legitimate aim, and proportionate to the aim pursued.120 The right to privacy is a fundamental human right, and is central to the Background maintenance of democratic societies. Significant to human dignity, the right The Government Communications to privacy reinforces Freedom of Headquarters (GCHQ) is a British Expression (FoE), right to information, intelligence and security organisation and Freedom of Assembly and responsible for providing signals Association (FoAA). This right is explicitly intelligence (SIGINT) and information recognised under the international assurance to the British Government and human rights regime; for example Article armed forces. Based in ‘The Doughnut’, 12 of the Universal Declaration of Human in the suburbs of Cheltenham, it operates Rights and Article 17 of the International under the formal direction of the Joint Covenant on Civil and Political Rights. Intelligence Committee (JIC) alongside the Security Service (MI5), the Secret From the perspective of human rights Intelligence Service (MI6) and Defence and justice, these thoughts serve as the Intelligence (DI). absolute foundation of privacy practice and policy. In reality, this is not the case. After the National Security Agency (NSA) Powerful Governments that project – of the USA – scandal broke in early their countries as global benchmarks of June 2013 and the Guardian newspaper human rights, justice and equality are reported that the NSA was collecting the often found in gross violation of their telephone records of tens of millions of own principles and ideals, let alone Americans, the UK-based charity Privacy international standards. International (PI) studied the operations of GCHQ closely and found that the UK Digital surveillance enables state and intelligence service had infected millions non-state actors to infringe on the of devices to spy on citizens and gather privacy of individuals, organisations personal data. and Governments, which affects other fundamental rights; such as when the To be able to address these violations surveillance of human rights defenders and demand an explanation from the (HRDs) or journalists leads to self- Government, it is not possible to just file censorship, which is the worst form of a complaint, like with a regular court. It is 275 necessary to apply to a secretive judicial on Information and Communication body called the Investigatory Powers Technologies (ICTs). B4A played an Tribunal (IPT). The IPT has exclusive active role in facilitating PI in this case jurisdiction over the mass surveillance and joined the global advocacy campaign programmes of the Government and for the safeguard of rights. The objective other public bodies, making it the was to hold the United Kingdom (UK) only judicial body with the power to Government accountable for spying investigate the conduct of MI5, MI6 on Pakistani data generated by the and the GCHQ. The IPT will only rule Government of Pakistan, companies whether a surveillance is lawful. There is and individuals. The momentum gained no avenue to appeal, other than to take through the joint initiatives of PI and a case to the European Court of Human B4A was further intensified by Amnesty Rights. International and the National Council of Civil Liberties (Liberty)124 when they Actions agreed to become complainants in this case. A 30-page legal complaint121 was filed with the IPT by PI along with other Ruling paves the way to the groups including Bytes for All (B4A), European Court of Human Pakistan, American Civil Liberties Union, Rights the Canadian Civil Liberties Association, the Egyptian Initiative for Personal Rights In February 2015125, the IPT ruled that (EIPR), the Hungarian Civil Liberties GCHQ acted unlawfully in accessing Union, the Irish Council for Civil Liberties, millions of private communications and the Legal Resources Centre in collected by the NSA up until December South Africa. 2014. It marked the first time that

120 The PI-led alliance took the stance https://en.necessaryandproportionate.org. 122 that the Snowden leaks contained 121 https://www.privacyinternational.org/sites/ ample evidence about GCHQ spying on default/files/PI%20Hacking%20Case%20Grounds. people in clear violation of the European pdf. Convention on Human Rights.123 The 122 Edward Joseph Snowden is an American convention’s Article 8 guarantees the privacy activist, computer professional, former CIA right to privacy and Article 10 the right employee, and former government contractor who to FoE, freedom to hold opinion and to leaked classified information from the US National receive and impart information and ideas Security Agency in 2013. without interference by public authorities, 123 http://www.echr.coe.int/Documents/Convention_ and regardless of frontiers. ENG.pdf.

124 https://www.liberty-human-rights.org.uk/tags/ Bytes for All Role national-council-civil-liberties.

B4A is a human rights organisation 125 http://www.ipt-uk.com/docs/Liberty_Ors_ and a research think tank with a focus Judgment_6Feb15.pdf.

276 the Tribunal ever ruled against the Many aspects of the decision of the IPT intelligence and security services in its remain unclear. Due to concerns about 15 year history. national security, more details about why it was deemed necessary and GCHQ’s mass surveillance systems proportionate to spy on the civil liberties violated the fundamental rights of non- organisations were not made public. governmental organisations (NGOs) Likewise, further details surrounding the in two separate ways, according to errors made by GCHQ, including what the IPT. In the first instance, EIPR’s caused them or whether they have been communications were intercepted, fixed, remain a secret. accessed and then unlawfully retained for materially longer than permitted. *** In the second, LRC’s communications were intercepted, and then unlawfully Muhammad Arsalan Ashraf is working selected for examination in contravention as Research Associate in Bytes for All, of GCHQ’s secret procedures that were Pakistan. He works on various projects not followed in this case. Over the past including digital safety and security. His decade, GCHQ and the NSA have been twitter is @arsalanashraff. engaged in an illegal mass surveillance sharing programme that has affected *** millions of people around the world.

In April 2015, PI and several other human rights organisations sued the UK Government in the European Court of Human Rights for employing mass surveillance methods for illegal spying on individuals within its borders and around the world. This petition filed by PI, B4A, Amnesty International, Liberty, and other partners was in response to the ruling by the IPT.

The case has already been appealed in the European Court of Human Rights on the points of law that we felt were unjust. Courts can take a while, so it is likely that no hearing and final judgment will be made until 2016.

277 Additional sources

BBC.com: Legal complaint filed against GCHQ ‘hacking’ (http://www.bbc.com/ news/technology-27394658)

Dawn.com: Tribunal hears challenge to UK surveillance (http://www.dawn.com/ news/1119182/tribunal-hears-challenge- to-uk-surveillance)

Privacy International: What to Know: GCHQ On Trial (https://www. privacyinternational.org/node/239)

Privacy International: Victory! UK surveillance tribunal finds GCHQ-NSA intelligence sharing unlawful (https:// www.privacyinternational.org/node/485)

Privacy International: Privacy International calls on Europe’s top human rights court to rule on British mass surveillance (https://www. privacyinternational.org/node/555)

278 279 ‘Without active civil society organisations you don’t get lasting and sustainable human rights changes.’ Rosslyn Noonan Former Chief Commissioner, New Zealand Human Rights Commission, and Former Chair, International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC)

280 The Dilemmas of a the workers on behalf of the boss. Social Movement In 2012, the Ministry of Labour sued The story of the the factory workers and asked them to return the payment the Government Sunflower Movement had provided in 1996 with interest. The Government argued that the payment By E-Ling Chiu, Secretary General, had been a loan. Affected elder workers Taiwan Association for Human Rights staged a hunger strike in front of the (TAHR) Ministry of Labour, but received no response. Then they started to protest in The Sunflower Movement in Taiwan in every place where President Ma showed 2014 was a protest driven by a coalition up, but the Government still did not stop of students, academics and civic groups the lawsuit and refused to respond the against the Government. It led to an appeal of the workers. increase in political awareness and political participation, mainly of a new, b) The Media young generation of Taiwanese. More so, it resulted in the formation of more Another example happened in 2012. A movements, political parties and stronger pro-China media company, which was engagement with existing civil society. one of the biggest newspaper companies in Taiwan, wanted to merge with a big Background cable broadband company. Many non- governmental organisations (NGOs), The Sunflower Movement was, contrary journalists, scholars and students groups to what some might believe, not only condemned the proposal, fearing it about China. It was the result of an would give them a monopoly over the accumulation of grievances of the media, and would affect the freedom of people with the national Government. the press and the freedom of speech of Before March 2014, many human rights reporters. It encouraged many young violations in Taiwan were not recognised people to organise in students groups or addressed by the Government. in many different universities, which resulted in many protests. a) The Factory Workers c) Evictions The case of the factory workers in 1996, for example. They did not receive their Meanwhile, more and more forced salaries for months nor their severance evictions happened in Taiwan. One of the pay, because their boss closed the most famous cases was that of the Wang factory without informing them, after family in Taipei city. The Government which he escaped to another country. demolished the family’s legal and cosy After a long time of protesting, the house for the building of a company. Government had to pay the salaries to Many students and young people, who

281 wanted to protect the Wang family’s For example, the potential raise in home, gathered in front of the house. unemployment after opening the labour They were all arrested by the police. market was not considered at all, nor was it discussed whether there might Another famous case is that of Dapu be an effect on the Taiwanese people’s in Miaoli County. The police destroyed freedom of speech and privacy rights the rice-field, which were just ready if the telecommunication industry for harvest. Because of the image of would exchange information with their destroyed rice-fields, many people counterpart in China. Also the personal gathered in front of the building of liberty, freedom of movement and the the Office of the President to protest right to a fair trial of Taiwanese people in against the many forced evictions and China were not protected. land-grabbing in Taiwan. An elderly grandmother even committed suicide After the Taiwanese Government signed because of the land-grabbing. the Cross-Straits Economic Cooperation Framework Agreement (ECFA)126, NGOs After a meeting with the Ministry of organised an alliance to monitor the Interior, the Vice-President promised process. In the past, NGOs in Taiwan did that four families could remain in the not pay too much attention to economic Urban Project area. However, one of and trade agreements. So in the the four families, the Chang family, saw beginning, it was very difficult for NGOs their drugstore demolished by the local to analyse the agreements, and it was Government in July 2013. After that, the also difficult to explain the issues to the father of the Chang family committed public. suicide. In August 2013, students and young people occupied the Ministry Later Taiwan and China started to of Interior, pasted stickers with protest negotiate another free trade agreement slogans on it, made graffiti and stayed related to the service industry. More until the second day. and more people started to get involved in the civil society organisation (CSO) All these cases show the anger of the alliance, and it resulted in a new alliance Taiwanese people and how it continued called the Anti-Black Box Movement.127 to increase, till it got to a boiling point. 126 The Economic Cooperation Framework Agreement (ECFA) was a preferential trade agreement between the Governments of China Breaking point and Taiwan which was signed on 29 June 2010. The main purpose of the agreement was to The increase in trade between Taiwan diminish tariffs and commercial barriers. and China, led to the Taiwanese 127 The Anti-Black Box Movement was driven by Government signing more and more a coalition of students and led to the storming free trade agreements with the Chinese of the Ministry of Education in July 2015. The Government. However, human rights protestors opposed intended curriculum textbook perspectives were totally neglected revisions and criticised the new history curriculum guidelines for being 'de-Taiwanised' and modified in the drafting of these agreements. to be more China-centric. 282 Scholars and volunteers provided a lot In the beginning, the police still tried of assistance in the form of analysis and to open the door. Since there were too info-graphics to help the NGOs to spread many people, including journalists and awareness about the issue to people. some Democratic Progressive Party Also, because of the lack of transparency (DPP) MPs, it was difficult to disperse all. during the drafting process of the agreements, NGOs urged Parliament After the first night passed safely, more to review the texts of these free trade and more people gathered outside the agreements carefully and hold public Parliament building, including university hearings. students from the Central and Southern parts of Taiwan. Many people showed However, since the majority of the their support by providing things. Parliament was held by the ruling party, Farmers sent rice, food, fruits, noodles, the Kuomintang of China (KMT), the vegetables, and sunflowers. Lawyers KMT Members of Parliament (MPs) organised and provided legal aid for always supported the ruling party’s the protesters. University Professors policy. On 17 March 2014 one of the came, changed their class rooms for KMT MP, Mr. Chang Ching-Chung, the Parliament and asked students to who was the Chairman of the Review discuss what was going on. Meeting on that day, after intermission, passed the controversial agreement Challenges and solutions within 30 seconds and then closed the meeting. After that, NGOs started to More and more people arrived, but the sit in front of the Parliament to protest meeting room was not big enough to the undemocratic process, and held an contain all the people. NGOs started assembly that same night. to organise speeches and discussion groups outside the Parliament. Since The Sunflower Movement the Parliament building crossed two streets, the protest separated over three Around 9 o’clock on the same day, 17 locations. One was on Ji-Nan Road, the March 2014, during the night event, other was on Ching-Dao Road, and the some students and activists crossed the third one was in the main meeting room handrail of the Parliament, and opened of the Parliament. the doors. Then many people, who participated in the night event, started to Because of the space separation, go into the Parliament building and sat in the connection and communication front of the main meeting room where the between the three parts was difficult. agreement had been passed. Some volunteers, who were specialists in computer engineering, came to help, Then someone broke the window of the and a broadband internet company meeting room. Everyone went in and came to provide assistance. They set up occupied the room. Journalists also webcasts for the three different places. came immediately to report the news. Additionally, that way, the people who

283 could not attend the protests every representatives. The meeting decided day, could be updated on the situation the protesters had four demands: 1) through the Internet. withdraw the passed trade agreement; 2) the Parliament should pass a ‘monitoring There were many people who had never regulation for all the agreements participated in any social movement between China and Taiwan’ and make before. The Sunflower Movement was sure that all these agreements will be their first experience. Many of them had reviewed by Parliament; 3) President a lot of questions, emotions and thoughts Ma and the head of Executive Yuan they wanted to share with others. So should apologise to the public; and 4) we started to reduce the one-direction the Constitution should add more human speeches, and encouraged people to rights articles that respond to and in line register for speaking or even singing with the situation in Taiwan. on the stage. People also organised to discuss other, related issues, such Again there was no response from the as trade agreements with China, what Government. More and more people democracy was, what kind of parliament wanted to escalate the conflict. On the we wanted, what kind of economic evening of 24 March, some people development we wanted, what kind organised an action. They placed quilts of future we wanted, and much more. over the barricades of the Executive NGOs also provided ‘non-violent protest Yuan, and crossed the gate. People training’ to the public. started to sit in the square of the Executive Yuan. Some even broke the Movie directors, documentary makers, window of the building and sat inside. film companies, alternative singers and Many people, who sat around the music bands contacted us to provide Parliament, started to move to the related films or documentaries to screen Executive Yuan. More and more people to the public at night. Many people gathered in the Executive Yuan and voluntary organised to maintain the asked the Government to respond. At social order at night. Chefs organised midnight, more and more police came. to cook for the people who stayed up The police started to disperse the all night. Doctors and nurses scheduled journalists and people. Some police voluntary shifts to prevent people from started to use batons to beat people, getting sick during the protest. During since the order from the top level was to these days, the protest functioned as a clear out the masses before dawn. Many small country. people got severely injured, including doctors who were providing medical Escalation services inside.

NGOs and student groups organised After 24 March, people felt more angry a daily meeting called ‘core decision and disappointed in the Government. making meeting’ which was composed Some people even said they wanted to of ten NGOs and ten student occupy the Office of the President. At the

284 same time, people started to feel tired movements who were seen as pure and and were in shock after the events of 24 virtuous and got lots of support from March. society. In the past, there were not so many people who cared about social The NGOs had another meeting. They policy or public issues. Most people tried to organise another event on 30 thought they could not do anything March to show the will of the people to to change the existing policy or the the Government. On 30 March, more inequality anyway. than 500,000 people gathered around the President Office’s building peacefully However, after the Sunflower Movement, to show the Government they were more and more people wanted to angry. participate in NGO or social movement activities, and wanted to become On 6 April, the head of Parliament volunteers. It is very important, especially released a statement that promised for young people, to be aware that Parliament would not process any more participating in public affairs is our right. agreements between China and Taiwan until the ‘monitoring regulation’ would be Along with political awareness, many passed. people formed new political parties to join next year’s Parliamentary election On 7 April, the core-decision-making campaign.129 They seek a new form of meeting decided to stop the occupation. politics. It is inspired by the idea that However, many people could not accept the old politics were controlled by the this, since not all the requests had been wealthy and the influential, who only achieved. On 8 April, NGOs suggested cared about their own personal interests. to hold a public dialogue forum on Ji-Nan They were not concerned with human Road to discuss the future and further rights. possible actions. On 9 April, students started to clean the meeting room of the Some of the new NGOs organised Parliament and the streets around it. a campaign for the revision of the Finally, on 10 April, NGOs and students Referendum Act, and requested the held a closing event on Ji-Nan Road in threshold to be lowered. This New NGO evening and all people left before mid- Alliance demanded constitutional reform. night. In the past, constitutional reform had only been discussed and decided on by Result the two main political parties, not by the people. The New NGO Alliance called for In the past, because of the effect of the constitutional reform from the bottom-up White Terror period,128 people were afraid to create a platform where a lot of people to talk about politics or public issues. could discuss the issues. People who protested on the street were seen as mobs that were disturbing the social order. The exception were student

285 Another major result was that Parliament challenging to deal with unreasonable started to review and discuss the suggestions without hurting people’s Monitoring Regulation on Agreements feelings. between China and Taiwan. Some people started to look at and analyse • Different people, different motivations the free trade dynamics in the broader context of the world, rather than only The other issue was that people joined focus on the issues with China. the movement for very different reasons. Some people were there because of Thanks to the Sunflower Movement more their concerns over China, others joined people started to get involved with NGOs because they felt disappointed by and social movements. While at the Parliament for neglecting ‘due process’ same time, the analysis and discourse and transparency. Some joined just within NGOs related to economics because they wanted to support the and politics became deeper and more students, and others joined because of profound. their overall concerns with free trade and the economic development. The Sunflower Movement created a situation in which NGOs from different This made it difficult to discuss priorities backgrounds worked intensely together and strategies with so many diverse 24/7. While it strengthened the people; how to make sure the movement understanding and trust between some would not become a ‘hate China’ NGOs and individuals, it also created populism event? Or how to prevent discontent and conflicts between others. it from becoming violent? All of this requires training to gain skills on how to Lessons learnt deal with so many people with so many different opinions. • Many people need to be allowed to be part of decision making • Deciding when to stop

The core-decision-making meeting was Deciding when to finish the occupation criticised by some for only allowing a few was a very difficult decision. Maybe people to decide about the movement. we should have discussed it with more To involve more people in the meeting is people on the street? Since there were important. Some students were critical, many people on the street every day, because they could not analyse things rain or shine, it was understandable that the way NGOs and Professors did, which 128 From 1949 to 1987 the Kumonitang Government caused them to always feel their opinions imposed martial law on Taiwan. This time was were not emphasised in the meeting. marked by the prosecutions, imprisonment and However, it also poses a dilemma. If execution of those that truly or were perceived to be opposing the Government, and is thus known everything is discussed openly on the as the White Terror period. street with anyone being able to have a say, even unknown people, it becomes 129 To be held in 2016.

286 they were not happy about only being Many new NGOs and new political informed, rather than being given the parties have been created. It shows chance to participate in the discussion that more people, especially young and decision. Many people felt hurt or people, want to discuss and participate betrayed after the decision was taken to in politics. end the occupation. It will take time to mend the cracks between the people. During the session where Parliament discussed constitutional reform, young • What to do when the Government people tried to push for the right to keeps silent? vote to be lowered from 20 to 18 years old. Unfortunately this demand was Finally, after all the efforts, the many unsuccessful, because it was boycotted days and the masses of people, by the majority party, KMT. there was still no response from the Government. If the Government keeps During the elections for Mayors in silent, if there is no response to the September 2014, the ruling party lost in protest, what other ways are there to put most of the cities, winning only in six out further pressure on the Government to of 22 cities. It shows that people started give a response? Unfortunately, it is still to show their anger through their vote. a question for us today. It has encouraged more people to have confidence to form new political parties Long-term change to run in the elections for Parliament which are to be held in January 2016. Since the Sunflower Movement only Even though the current parliamentary happened in 2014, at the time of electoral system is more favourable to writing130 it has just been one year, the big political parties. making it difficult to see what the long-term consequences will be of the Conclusion efforts. Still some changes have already happened in the last year. The circumstances and tide of events of the Sunflower Movement led to an More and more people have been increase in political awareness and willing to participate and attend different engagement with national politics, mainly protests. Some even became volunteers of a new, young generation. Political in NGOs. participation, however, is still hindered by the Government, particularly when it However, the Assembly and Parade Law comes to protests and demonstrations. still have not been revised. The police even tried to use criminal law to sue people who participate in protests.

287 Still, the Sunflower Movement highlighted the strength of civil society. It showed the possibilities to generate change and influence the political landscape of your own country. As long as civil society grows stronger, more active and more energetic every day, people will voice their demands more often. And one day the national institutions will change.

***

E-Ling Chiu, Secretary General, Taiwan Association for Human Rights (TAHR)

E-Ling Chiu was involved as a coordinator of the non-governmental organisations on Ji-Nan Road during the Sunflower Movement, as well as a co- organiser of the 30 March event.

She is currently the Secretary General of the Taiwan Association for Human Rights (TAHR), a FORUM-ASIA member organisation, Executive Board Member of the Covenants Watch, Taiwan, and Executive Board Member of the Taiwan Alliance to End Death Penalty. Previously she was Executive Board Member of the Asia Pacific Refugee Rights Network (APRRN).

130 September-October 2015.

288 289 ‘At the end of the day humanity does prevail. (..) We need to be able to strengthen that and say: let’s talk about humanity first, politics come as last.’ Anoop Sukumaran Former Executive Director, Asia Pacific Refugee Rights Network (APRRN)

290 Organisational ASK strategies are to: Profiles • Promote human rights awareness and community activism, • Offer legal aid through mediation and litigation, while survivors are given BANGLADESH psycho-social counselling, • Investigate human rights violations Ain O Salish Kendra (ASK), Law and and document them supplemented by Mediation Center research, which together lead to media campaigns to defend human rights, and Address: 7/17, Block-B, Lalmatia, • Undertake public interest litigation for Dhaka-1207, Bangladesh law and policy reform. Website: www.askbd.org Organisational e-mail: ASK’s advocacy is carried out both at [email protected] the national and international level. ASK Phone: + 880-2-8100192, 8100195, is committed to attaining gender equality 8100197 in every sphere of life. ASK’s strategies Fax: + 880-2-8100187 focus specifically on protecting women’s Contact person: Sultana Kamal rights. Concerns for civil and political (Executive Director): sultanakamal9@ rights are expressed through legal aid gmail.com to victims/survivors of arbitrary arrests, preventive detention, and by taking a About: stand on unlawful evictions, extra-judicial killings, torture and death in custody, Ain o Salish Kendra (ASK) is a national condition of prisoners and interests of legal aid and human rights organisation, religious and ethnic minorities. established in 1986. Its goal is to create a society based on equality, social ASK has no political affiliation and adopts and gender justice and rule of law. It a non-partisan approach in defence of seeks to generate an environment for human rights. It is a membership based accountability and transparency of organisation with 26 general members – governance institutions. Initial work was 17 women and nine men. A nine member limited to providing free legal services to executive committee is constituted the disempowered. Target groups were currently by seven women and two men, women, working children and workers in who meet regularly to decide on policy Dhaka city. matters. The general members meet once a year. It has consultative status Over the last 28 years, ASK has with the United Nations Economic and developed a comprehensive approach to Social Council (UNECOSOC). promotion, protection and prevention in the area of legal assistance and human rights.

291 Madaripur Legal Aid Association Main lines of work: (MLAA) MLAA’s strategic plan is to develop the Address: New Town, Madaripur; capacity of different local stakeholders PO, Madaripur, District: Madaripur, by linking micro issues with the macro Bangladesh level. Strategic emphasis is given to Website: www.mlaabd.org creating easy access to justice for the Organisational e-mail: disadvantaged through strengthening [email protected] and promoting human rights and policy Phone: + 880-661-61518 reform in this field. Contact person: Fazlul Huq (Secretary): [email protected] Activities include:

About: • Free Legal Aid: MLAA provides free legal aid services to the disadvantaged Madaripur Legal Aid Association (MLAA) who are victims of human rights abuses, was established in 1978 and is a rights- who are on trial or in custody, and cannot based organisation in the legal and afford a lawyer to defend them or are human rights sector of Bangladesh. deprived from access to justice, It has a vision for establishing peace, • Dispute Resolution through Mediation justice and harmony in the community and activation of UP judicial system: through various initiatives. MLAA upholds MLAA facilitates and resolves disputes the philosophy that justice must be easily locally through mediation, and through and equally accessible to every citizen the Village Court & Arbitration Council of in a society governed by the rule of Union Parishad, as an alternative to the law. MLAA believes in integrity, justice, formal justice system, governance, and accountability in the • Human Rights Education: MLAA way it works with oppressed, vulnerable provides human rights education to and deprived people. strengthen the knowledge and skills of human rights activists to promote and Areas of work: protect human rights, • Advocacy and Networking: MLAA MLAA began by providing free legal advocates for law and policy reforms to assistance in the formal courts, a service make justice accessible for the poor and that it still provides today. It upholds the disadvantaged. human rights through: encouraging legal literacy; human rights education; and advocating for law and policy reform to make justice accessible to all. MLAA started its journey in Madaripur, Shariatpur and Gopalgong districts and gradually expanded its working area to other parts of the country, now covering 12 more districts. 292 Odhikar members, • Mobilise and network between the Address: House 35 (3rd Floor), Road activities of its members, and enhance 117, Gulshan, Dhaka 1212, Bangladesh institutional capabilities of individual Website: www.odhikar.org groups, organisations and agencies on Organisational e-mail: human rights issues, [email protected] • Advocate, lobby and campaign for Phone: +880-2-9888578, people’s participation in governance, and +880-1749-293789 introduce participatory democracy, Fax: +880-2-9886208 • Monitor national and local Government Contact person: Adilur Rahman Khan elections to ensure a free and fair (Secretary): electoral process and ensure voter’s right [email protected] to participate, and • Facilitate mass awareness raising About: events on national and international days that create positive images of work. Odhikar was established in 1994. Odhikar’s vision is to see a society where Areas and main lines of work: every person can enjoy their rights and live a life with respect and dignity. • Documentation and fact finding of Odhikar’s mission is to: human rights violations, • Promote human rights through • Campaign against torture, awareness building, documentation, fact • Campaign against enforced finding, monitoring and research, disappearances, • Advocate and lobby for the • Monitor places of detention, incorporation and ratification of various • Election monitoring, international instruments by the • Human rights defenders training Government, and also for the enactment programme, of human rights friendly laws and • Advocacy and networking on human necessary amendments of existing laws, rights issues, • Fight against impunity and work for • Research and publication, the prevention of extrajudicial killings, • Organising seminars, workshops on enforced disappearances and torture, different issues relating to human rights, • Foster mass awareness on rights and • Lobbying with policymakers, and duties, • Media campaign. • Strengthen the human rights movement and establish participatory Resource Integration Center (RIC) democracy and good governance in Bangladesh, Address: House #20 (New) Road #11 • Incorporate gender sensitivity in (New) 32 (Old), Dhanmondi R/A, G.P.O strategic planning of all programmes Box # 2789, Dhaka-1209, Bangladesh and projects in consultation with human Website: www.ric-bd.org rights defenders (HRDs) and network Organisational e-mail: [email protected] Phone: +880-2-8118475 293 Fax: +880-2-8142803 Main lines of work: Contact person: Abul Haseeb Khan: [email protected] • Establish older people human rights issues, About: • Support the Forum for the Rights of Elderly Bangladeshi’ secretariat, publish The Resource Integration Center (RIC) newsletter, develop policy brief, keep was established in 1981 and is mainly a solidarity and network with the actors human rights organisation. RIC focuses who engage internationally on older on advocating for the vulnerable, older people’s human rights, people of Bangladesh. RIC was first • Provide input to the Older People established by a group of politically Association (OPA) which works to defend left activists in 1981. In the mid-1980s human rights, and Abul Haseeb Khan, the key figure of the • Other: i) Reform in Public Services democratic Anti-Erahsad movement, for the wellbeing of Slum Dwellers in joined RIC and transformed the Dhaka city, ii) Access to Justice through organisation to support the process of Community Legal Services, iii) Social people’s empowerment to strengthen the Accountability for Better Access to positive human rights trends nationally. Safe Water and Sanitation – CARTA project means citizen monitoring, and RIC organisational direction has always iv) Strengthen households’ efforts to been led by human and women rights withdraw child labour in the informal activists. The previous chair of RIC was sector. Hamida Hossain, a leading human rights activist in Bangladesh. The current chair BURMA is the well-known female researcher Rozana Akhter who is also a member of Equality Myanmar (EQMM) Bangladesh’s environment movement Address: Room 803, Level 7, Nawarat Bangladesh Poribesh Andalon (BAPA) Center, No (186), 52nd Street (Middle and other forums of women rights Block), Pazundaung Township. Yangon, activism. Myanmar Website: www.equalitymyanmar.org Areas of work: Organisational e-mail: [email protected] RIC’s work led to the establishment Phone: + 95-9 4480 23569/ +95-1 901 of a ‘Forum for the Rights of Elderly 605 (Ext. 108) Bangladeshi’ and strengthens Contact person: Aung Myo Min advocacy on older people’s issues. RIC (Executive Director): established the older citizen committee [email protected], to defend older people’s human rights Nay Oo Lwin (Program Manager): in Bangladesh. RIC also works on the [email protected] rights of the urban poor population, access to justice, child rights and also other development issues. 294 About: and updated within the framework of Myanmar’s social, cultural, and political Equality Myanmar (EQMM), formerly context in order to ensure the human known as the Human Rights Education rights principles’ relevance, usefulness, Institute of Burma (HREIB), was and applicability. Providing training established in 2000. The organisation participants with practical tools to follow- facilitates a broad range of human rights up on human rights abuses strengthens trainings, advocacy programmes, and both their autonomy as well as their research and documentation projects capacity for social transformation and which target civil society organisations civic engagement. Annually, EQMM and grassroots communities while provides human rights trainings to engaging with local authorities, approximately 1,600 direct participants. Government ministries, Members of Parliament and the Myanmar National EQMM also plays an active role in Human Rights Commission (MNHRC). carrying out and coordinating a wide EQMM aims to contribute to the range of advocacy campaigns to raise establishment of a peaceful, tolerant, awareness about the human rights and democratic society built on respect situation in Myanmar at local, national, for dignity and human rights for all in regional, and international levels. EQMM Myanmar. has extensive experience in building, supporting and participating in a strong EQMM was initially established in network of organisations and actors northern Thailand in 2000, but re- across different sectors and levels of established itself in Myanmar in 2013 Myanmar society and empowers civil and moved all operations and offices to society actors to engage in advocacy at Myanmar. For the past 15 years, EQMM the national, regional and international has been working tirelessly to create level. a culture of human rights in Myanmar through education, capacity development Additionally, the organisation produces and advocacy work. human rights educational materials, audio/visual tools, and other multimedia EQMM’s education initiatives utilise a resources to address the lack of human learner-centred, non-formal approach, rights information available in Burmese which emphasises transformative and ethnic languages. The resources, learning that occurs at three levels: including TV episodes, booklets, posters, cognitive, attitudinal and behavioural. animations, and magazines, provide Collaboratively, these stages function those who cannot attend traditional face- to empower the people of Myanmar to-face trainings with an opportunity to to identify and analyse the social learn about various human rights issues. problems in their communities and subsequently initiate rights-based solutions in response. EQMM’s human rights education modules are developed

295 CAMBODIA Main lines of work:

The Cambodian Human Rights and ADHOC’s work is divided into Development Association (ADHOC) three programs: the Human Rights Programme, the Land and Natural Address: No.3, St. 158 Resources Rights Programme, and OukgnhaTroeung Kang, Beng Raing, the Women’s and Children’s Rights Daun Penh, Phnom Penh, Cambodia Programme. A fourth programme was Website: www.adhoc-cambodia.org created to implement new mediation Orgnisational e-mail: (Alternative Dispute Resolution, or ADR) [email protected] activities. Phone: +855-23 218653 Fax: +855-23 217229 Each programme is under the Contact person: Thun Saray (President) responsibility of a Head of Programme. [email protected] ADHOC’s internal architecture is thus clearer, with these four programmes, About: plus the Khmer Rouge Tribunal (KRT) Project, being assisted by an The Cambodian Human Rights and Administrative Section and a Financial Development Association (ADHOC) is a Section, under the supervision of the registered local, non-profit, non-partisan, President and the Secretary General. independent and non-governmental organisation. The country’s oldest Cambodian League for the Promotion human rights organisation, ADHOC and Defense of Human Rights was established in 1991 by a group (LICADHO) of former political prisoners and is tasked to address the absence of basic Address: # 16, St. 99, Boeung Trabek, human rights in Cambodia. ADHOC’s Phnom Penh, Cambodia - Mailing presence in every Cambodian province address: P.O. Box 499, Phnom Penh, and its outreach to all districts through Cambodia provincial staff and volunteer activists are Website: www.licadho-cambodia.org unique among Cambodian human rights Organisational e-mail: organisations. [email protected] Phone: +855-23 727 102 or +855-23 Areas of work: 216 602 Fax: +855-23 727 102 or +855-23 217 ADHOC aims at bringing about positive 626 changes in Cambodia’s legislative Contact person: Naly Pilorge (Director): framework and institutional policy and [email protected] practice in order to progress towards its goal of a society where human rights and About: law are properly respected. LICADHO was established in 1992. It

296 is a national Cambodian human rights INDIA organisation which protects civil, political, economic and social rights in Cambodia Center for Social Action and promotes respect for these human Documentation Research and Training rights by the Cambodian Government (ADHIKAR) and its institutions. LICADHO is therefore an advocate for the Cambodian people Address: Head Office - 113/2526, and a monitor of the Government Khandagiri Vihar Bhubaneswar-30, through wide ranging human rights Orissa; Pin- 752054, India programmes. Website: www.adhikarindia.org Organisational e-mail: adhikar@sify. Areas of work: com; [email protected] Phone: +91-674-2384731 LICADHO’s primary activities of monitoring, intervention, documentation About: and advocacy aim to render government officials accountable and to promote Vision: ADHIKAR works to achieve a transparent and fair systems in civil balanced society free of exploitation and society. LICADHO pursues its mandate based on human values of love, peace, through its two main programmes, freedom, and equality. A society where with its headquarters in Phnom Penh social and economic justice are ensured supporting 13 provincial offices and each human being regardless of throughout the country. The two main cast, creed or religion can exercise her/ programmes of LICADHO include the his basic fundamental rights in a dignified Monitoring & Protection Programme and manner and feels herself/himself to be the Promotion & Advocacy Programme. instrumental for her/his socio-economic development in an atmosphere of social Main lines of work: harmony.

In the context of the Monitoring & Mission: Our mission is economic Protection Programme, LICADHO and political empowerment of the monitors State violations and women’s marginalised and deprived communities and children’s rights. Furthermore, it in the rural and urban area of Orissa provides medical assistance and social through ensuring an effective, flexible work, prison monitoring and paralegal and responsible financial service system and legal representation. and safeguarding the fundamental In the context of its Promotion & human rights which will help these Advocacy Programme, LICADHO helpless people towards a just and supports unions and grass-roots groups meaningful living. and networks, it provides information and conducts public advocacy and outreach.

297 Area of work: About:

ADHIKAR is an organisation, registered Dalit Foundation was established in in 1991, which is committed to the social 2003 and is an Indian non-governmental cause of protecting human rights of organisation committed exclusively to the the poor, particularly rural women. It is eradication of caste discrimination and a voluntary organisation involved in a towards the empowerment of Dalits and multitude of activities with a relentless other marginalised communities. Dalit and selfless serving attitude, committed Foundation has its genesis in the search to integrated for providing support for people involved through a process of empowering in the Dalit communities’ struggle for rural people in general and women, in equality. The institution is based on particular. the view that setting up a foundation which focusses on communities living Main lines of work: in extreme poverty and facing acute caste-based discrimination, would • To build sustainable organisations for accelerate the process of change in the poor people of Orissa, the lives of Dalit communities. The aim • To make livelihood efforts more is to build the capacity of our partners feasible, in order to execute effective grass- • To expand outreach in order to extend roots level interventions. We are also poverty eradication efforts through committed towards building a strong line various empowerment processes of leadership for the Dalit Movement. including extension of Micro Finance, Hence, through our programmes we and have engaged with the Dalit youth • To make people aware of their genuine and Dalit professionals from diverse social and human rights. fields. Dalit Foundation is committed to pursuing innovative ideas that will help Dalit Foundation broaden the outreach and accomplish an egalitarian, casteless society. Address: C-58 (Basement), South Extension Part II, New Delhi -110092; Area of work: India Website: www.dalitfoundation.org Dalit Foundation aims to eliminate Organisational e-mail: caste-based discrimination in all [email protected]; its manifestations by strengthening [email protected] institutions and individuals at the grass- Phone: +91-2626 5071, 72 roots level. It promotes strong Dalit Fax: +91-2626 5072 leadership, especially women, to address Contact person: Santosh Kumar Samal social injustice. To accomplish our (Executive Director): mission, Dalit Foundation provides small [email protected] grants, fellowships and opportunities to

298 exchange experiences of community- Friend’s Association for Rural based organisations, individuals and Reconstruction (FARR) networks working towards social change. An important part of this strategy is Address: P.O. Bhawanipatna, District, continuous focus on capacity building Kalahandi 766001, Odisha, India programmes for the grass-roots level Organisational e-mail: partners. This assistance leads to the [email protected] formation of strong leaders from the Dalit Phone: +91-66 7023 0150; Mobile: +91- and other marginalised communities in 943 707 1862, +91-943 707 6858 South Asia. Fax: +91-66 7023 0150 Contact person: Aradhana Nanda Main lines of work: (President) and Dolamohan Singh Babu (Project Director) • Eradication of untouchability and caste discrimination, Banglar Manabadhikar Suraksha • Abolition of Manual Scavenging Mancha (MASUM) system, • Reduction in atrocities and violence, Address: 40A, Barabagan Lane (4th especially against women, Floor); Balaji Place, Shibtala; Police • Promote advocacy and leadership Station-Srirampur, District-Hooghly; West skills of Dalit youth and women, Bengal; India PIN- 712203 • Effective use of SC/ST[POA]Act, Website: www.masum.org.in Domestic Violence Act, RTI etc., Organisational e-mail: • Access to land and livelihood [email protected] through different Government welfare Phone: +91-33-26220845 programmes, and Fax: +91-33-26220843 • Access to education and Contact person: Kirity Roy (Secretary): implementation of RTE in schools. [email protected]

Geographical Coverage so far as About: follows: Banglar Manabadhikar Suraksha 20 states of India namely: Andhra Mancha (MASUM) is based in West Pradesh, Bihar, Chhattisgarh, Gujarat, Bengal and was established in 1997, Haryana, Himachal Pradesh, Jharkhand, to form a platform for human rights Karnataka, Kerala, Maharashtra, Madhya activists based in West Bengal. The Pradesh, Orissa, Punjab, Rajasthan, organisation pinpointed its initiatives Tamil Nadu, Telengana, Uttar Pradesh, to address custodial torture and other Uttarakhand and West Bengal. Two tortures committed by police or state Union Territories namely: Delhi and parties including forced eviction and Pondicherry. capital punishment. Based on a loose organisational structure, MASUM has only a few dedicated activists. MASUM

299 is working closely with National Human • Broaden human rights networks with Rights Institutions (NHRIs) and United different rights based organisations, Nations Special Procedures. It provides • Ensure civil society interventions for legal and medico-psychological aid to the torture and human rights violation cases, victims of families. • Lobby and advocate constantly against torture and human rights violations, Areas of work: • Protect the rights of the marginalised section of society, Primarily MASUM focuses on custodial • Promote gender equality in every torture, extra judicial killings, procedural sphere of life, violations and persistence of impunity. • Document human rights and torture related information, Objectives are to: • Empower people by providing human rights related information, • Strive for a free, equal and just society, • Provide livelihoods support, • Advocate for a free, functional and • Make civil society aware of torture, people centric Criminal Justice System, • Pressure the State to act in a more • Champion complete Freedom of responsive and accountable manner in Expression (FoE), case of torture and other human rights • Prevent and reduce torture from our violations, society, • Use legal and meta legal recourse, and • Advocate for a decent livelihood, living, • Regularly send complaints to United equitable education and development for Nations (UN) bodies. all, • Concert efforts to protect environment People’s Watch (Centre for Promotion with its inhabitants, of Social Concerns) • Challenge obnoxious socio-religious practices, Address: No: 6, Vallabhai Road, • Champion gender equality in every Chokkikulam, Madurai – 625 002, Tamil sphere of economic and social life, Nadu, India • Demand equal dignity to diverse sexual Website: www.peopleswatch.org preferences, and Organisational e-mail: [email protected] • Develop constructive partnerships. Phone: +91-452-2539520, Fax: +91-452-2531874 Strategies to realise the vision are to: Contact person: Henri Tiphagne (Executive Director): • Provide human rights awareness [email protected] among all sections of society, • Promote human rights campaigns, About: • Initiate a people’s movement against all forms of torture perpetuated by the People’s Watch was established in 1995. State and its machinery, For over 20 years People’s Watch has fought for the protection and promotion

300 of human rights in the Southern State of must be legal interventions on behalf Tamil Nadu. In the past decade, People’s of victims. In addition to this, victim Watch shortened its name from ‘People’s rehabilitation, monitoring, medical, Watch Tamil Nadu’ as it broadened its psychological and vocational help to focus to national concerns. People’s the victims is also needed. Meanwhile, Watch has expanded its activities beyond campaigning for human rights, and human rights monitoring and reporting. human rights education in schools Today, it pursues a holistic approach to became matters of concern. People’s championing human rights through a Watch now has expanded its work all wide range of activities, from pursuing over India through the Human Rights legal solutions on behalf of victims to Defenders Alert (HRDA) and the Working sheltering victims in a rehabilitation Group on Human Rights in India and the centre, to teaching younger generations United Nations (WGHR). a human rights curriculum and building a citizen’s movement for Human Rights of Main lines of work: ‘ALL RIGHTS for ALL PEOPLE’. • Human Rights Monitoring, Vision: • Human Rights Intervention and/or various commissions to make the state A society free from human rights accountable, violations and discrimination. This society • Human Rights Campaigns, is to be built through cultivating a human • Human Rights Defenders Alert - India rights culture and building a participatory (HRDA), democracy. • Citizens for Human Rights Movement (CHRM), Mission: • Rehabilitation Centre for Torture Victims (RCTV), To protect human rights through • Media and Publications, monitoring human rights violations, • Documentation Centre, interventions and building solidarity • Institute of Human Rights Education with people’s struggle for human (IHRE), rights, and to promote a human rights • Helpline, culture through education of the larger • Educational Aid, community. • All India Network of NGOs and Individuals working with National and Areas of work: State Human Rights Institutions (AiNNI), and People’s Watch, Tamil Nadu • Discussion Forum. – a programme unit of the Centre for Promotion of Social Concerns People’s Vigilance Committee on concentrated its activities on human Human Rights (PVCHR) rights violations. Two years after its establishment it was realised that there Address: SA 4/2 A Daulatpur,

301 – 221002, India PVCHR uses accurate investigation and Website: www.pvchr.asia and blog: documentation of human rights violations www.pvchr.net connected with advocacy, publication Organisational e-mail: and networking on a local, national [email protected] and international level. We established Phone: +91-9935599333 the Activist Knowledge Center for the Contact person: Lenin Raghuvanshi creation of non-violent and democratic (Founder and CEO): [email protected] communities.

About: Main lines of work:

People’s Vigilance Committee on Human The PVCHR had categorised its work Rights (PVCHR) was established in under five comprehensive programmes 1996 as a membership based human as per the organisation’s strategy rights movement in Varanasi (Uttar 2015-2018: Pradesh), one of the most traditional, • Comprehensive programme for conservative and segregated regions survivors of torture and organised in India. PVCHR works to ensure basic violence; rights for marginalised groups in Indian • Comprehensive programme for model society, e.g. children, women, Dalits and villages and model blocks; tribes to create a human rights culture • Comprehensive programme for women based on democratic values. PVCHR and children; ideology is inspired by the father of the • Programme for national lobby, Dalit movement, Dr. B. R. Ambedkar, campaign and advocacy; and who struggled against Brahmanism • Programme for international solidarity, and the caste hierarchical system that partnership and networking. prevails in India. In 1999, PVCHR formed the public charitable trust Jan Mitra South India Cell for Human Rights Nyas (JMN) to monitor and evaluate Education and Monitoring (SICHREM) activities, to operate a bank account and to enable the organisation to have official Address: #. 35, Anjanappa Complex, clearance for receiving grants. Hennur Main Road, Lingarajapura, Bangalore- 560084; India Areas of work: Website: www.sichrem.org - Blog: http:// sichrem.wordpress.com We highlight the voice of weavers at Organisational e-mail: contact@ the national and international level. sichrem.org, msichrem@gmailcom We also empower groups to speak Phone : +91-80-25473922 / out and bring forward their issues and +91-80-25804072 challenges. We build a democratic Fax: +91-80-25492856 structure for the ‘Voiceless’ to enable Contact person: Mathews Philip access to the constitutional guarantees (Executive Director): promoting a human rights culture. [email protected]

302 About: INDONESIA

SICHREM was established in 1995. The Alliance of Independent Its vision is for human rights to be Journalists Indonesia (AJI) household concepts. Its mission is to empower the disempowered groups Address: Jl. Kembang Raya No. of Dalits, tribes, women and children 6, Kwitang, Senen, Jakarta Pusat 10420; and to protect their individual and Indonesia collective rights for a dignified life Website: http://aji.or.id/ through concerted action, education and Organisational e-mail: advocacy by civil society. [email protected] Phone: +62-21-3151214 Objectives of the organisation are to: Fax: +62-21-3151261

• Maintain a documentation centre Human Rights Working Group and disseminate information and other (HRWG) - Indonesia’s NGO Coalition support services to human rights groups for International Human Rights and activists, students and the larger Advocacy public, • Conduct fact-finding missions on Address: Jiwasraya Building, Lobby human rights violations and conduct Floor, Jl. RP Soeroso No.41, Jakarta follow-up actions, Pusat 10350; Indonesia • Support the struggle for justice and the Website: Facebook: www.facebook.com/ right to a livelihood for minorities and the HRWG.Indonesia, underprivileged, and Twitter: www.twitter.com/ • Network with rights groups and HRWG_Indonesia activists and explore areas of mutual Organisational e-mail: hrwg. support and common activities. [email protected]; [email protected] Phone: +62-21 314 3015 Organisational activities: Fax: +62-21 314 3058 Contact persons: Muhammad Hafis • SICHREM has established District (Programme Manager UN - OIC Human Rights Centers in five districts Advocacy) of Karnataka (Kolar, Mysore, Hassan, [email protected]; hafiz@ Chamrajnagar and Haveri), hrwg.com • Human Rights Helpline: Free legal Daniel Awigra (Programme Manager counselling on matters of human rights, ASEAN Advocacy) • Provide legal counsel to victims, [email protected] • Monitor and document human rights violations, About: • Investigate and intervene in serious human rights violations, and The Human Rights Working Group • Provide human rights education. (HRWG) was established in 2003 and is

303 a permanent coalition of Indonesian non- the right of self-determination according governmental organisations working on to Article 5, Vienna Declaration of 1993, various human rights issues across the • HRWG adheres to international law in archipelago. HRWG is an independent its advocacy, non-profit organisation and does not • HRWG is part of the global human have any political affiliation. rights movement, • HRWG upholds justice and gender Area of work: equality, and • HRWG is accountable to its members The area of work or issues that have and the general public. been a concern of HRWG are human rights issues covering child rights, The Indonesian Human Rights Monitor women’s rights, urban poor, migrant - Inisiatif Masyarakat Partisipatif untuk labour rights, indigenous people’s rights, Transisi Berkeadilan (Imparsial) lesbian, gay, bisexual and transgender (LGBT) rights, corruption and human Address: Jl. Tebet Utara II C No. 25, rights, environment and human rights, Jakarta 12820; Indonesia in Indonesia and at the regional level Webiste: www.imparsial.org through the Association of South East Phone: +62-2183786997 Asian Nations (ASEAN), at international Fax: +62-2183787462 level within the United Nations Human Organisational e-mail: Rights Mechanisms and Independent [email protected] Permanent Commission of Human Contact person: Poengky Indarti Rights (IPCHR) of the Organisation of (Executive Director): Islamic Cooperation (OIC). [email protected]

Main lines of work: About:

• Increase the effectiveness of lobby and Imparsial is a front line human rights advocacy work on human rights issues in organisation based in Jakarta, Indonesia, Indonesia and at the international level, and was established in 2002. and • Ensure the implementation by the Area of work: Indonesian Government (Executive, Judiciary and Legislative bodies at • Security Sector Reform (SSR), national, provincial, and local level) of • Human Rights Defender Protection, constitutional and international human • West Papua, rights obligations. • Anti-Death Penalty, and • In conducting its programmes and • Pluralism. activities, HRWG adheres to the following principles: • HRWG focuses on human rights with respect to advocacy on the struggle for

304 Main lines of work: abuse of State power within the society, • To fight for democracy and justice with • Alternative Policy, other members of civil society, and • Lobbying, • To strengthen capacity to support a • Public Advocacy, and human rights agenda in civil society. • Capacity Building. Area of Work: Commission for the Disappeared and Victims of Violence - Komisi untuk KontraS works nationally, regionally Orang Hilang dan Korban Tindak and also internationally, addressing Kekerasan (KontraS) international issues through the international coalition. Address: Jln. Kramat II No. 7, Kwitang, Senen, Central Jakarta – 10420 Main lines of work: Advocacy and Website: www.kontras.org promotion of human rights issues and Organisational e-mail: kontras_98@ civil society’s rights. kontras.org Phone: +62-21-3919097, Indonesian Legal Aid and Human +62-21-3919098 Rights Association (PBHI) Fax: +62-21-3919099 Contact person: Haris Azhar Address: Jl. Hayam Wuruk No. 4 SX- (Coordinator): TX, Kebon Kelapa, Gambir, Jakarta [email protected] Pusat 10120; Indonesia Website: www.pbhi.or.id About: Organisational e-mail: seknas.pbhi@ gmail.com KontraS was established in 1998 with Phone: +62-21-385-9968/+62-21-351- the purpose to establish Indonesia as 3526; mobile: +62-815-6020-314 a just and democratic country where Fax: +62-21-385-9970 people are free from fear, repression and Contact person: Suryadi Radjab discrimination. Totok Yulianto: [email protected] Mission: About: • To promote political awareness of victims of abuse in order to fight for Indonesian Legal Aid and Human Rights justice in Indonesia without regard to Association (PBHI) was established in religious background, race, ethnicity, 1998. Its vision is to realise a country ideology, class, gender or sexual that carries out its obligation to respect, orientation, protect and fulfil human rights. • To fight for each person’s right to be free from all forms of violence and repression, especially resulting from the

305 Mission: Convention on the Rights of the Child, as well as to redress any violations when • To promote the values of human rights, occurred. • To defend the victims of human rights abuse, and Established in 1987, SAMIN initially • To educate members to become was intended to serve as a support human rights defenders (HRDs). organisation dealing with issues concerning child development. Through Mission Statement: PBHI is dedicated its first programme ‘promotion of to promoting and defending human rights alternative education for children’, without distinguishing based on tribal and SAMIN promoted issues related to child ethnic, language, religion, skin colour, education, facilitated the formation gender and sexual orientation, career of different action-groups and served and profession or political and ideology as some national focal point for non- orientation. governmental organisations (NGOs) working on issues concerning child Working Area: PBHI works in ten development in the country. regions: DKI Jakarta, West Java, Central Java, Bali, South Sulawesi, West Over time, SAMIN has brought issues Kalimantan, Lampung, West Sumatera of particular concerns to light, among and North Sumatera. others: street children and child labour of different sectors (1988-1990), Yayasan Sekretariat Anak Merdeka commercial sexual exploitation of Indonesia (SAMIN) children (1993-1994), sexual abuse of children and children in conflict with Address: Soragan, Rt 02, Ngestiharjo, the law (2000-2005), and children kasihan, Bantul, DIY; Indonesia affected by disasters (2006-2011). Website: http://yayasan-samin.org SAMIN has introduced new approaches Organisational e-mail: office@yayasan- such as right-based and system-based samin.org approaches to activism. In addition, Phone: +62-274 530 6210 SAMIN also introduced instruments for Contact person: Odi Shalahuddin child’s rights monitoring in the country. (President/Director): [email protected] SAMIN has been running a programme of social inclusion for vulnerable children Vision: and youth in four provinces in Indonesia.

The rights of children are respected, Area of work: SAMIN works on child protected and fulfilled in an enabling rights issues in eight cities/districts socio-cultural environment where throughout five provinces of Indonesia. effective state mechanisms are adequately developed to address the rights of all children, as set forth in the

306 Main lines of work: responsible thoughts shall be developed as a sign of the freedom of delivering • Child Protection, opinion and the emerge of the poor • To develop a child protection network, resurrection to claim the same rights • To develop a working group on implementations in law and justice in city/districts level to encourage the our mother land, Indonesia.’ (unofficial Government to provide access to translation of the epigraph stone in front services for the marginalised, of YLBHI Building, drafted by Abdul • Campaign, and Rahman Saleh, when he served as • Advocacy. Director of Jakarta Legal Aid Institute in 1981-1984). Indonesia Legal Aid Foundation - Yayasan Lembaga Bantuan Hukum Indonesia Legal Aid Foundation/Yayasan Indonesia (YLBHI) Lembaga Bantuan Hukum Indonesia (YLBHI) was established in 1970 with Address: Diponegoro Street 74, Central the vision and mission of establishing Jakarta, Indonesia 10320 democracy and human rights, which lies Website: www.ylbhi.or.id upon a just, humane and democratic Organisational e-mail: [email protected] socio-legal system; a fair and transparent Phone: +62-213929840 institutionalised legal-administrative Fax: +62-2131930140 system; an open political-economic Contact person: Alvon Kurnia Palma system with a culture that fully respects (Chairperson): human rights. [email protected] In realising its vision and mission, YLBHI About: keeps struggling for the fulfilment of the right to access to justice for the ‘This building was intended to be the people by providing legal aid services, first monument in Indonesia for the including: case handling; community struggle of law enforcement, truth and legal resources empowerment; and fair justice to all without discrimination research and policy advocacy that has of race, inheritance-based religion, resulted in advocacy for laws and rights political ideology or social and cultural of structurally poor, marginalised and background. From here, Legal Aid abandoned communities. Defenders and Thinkers shall struggle with honesty and voluntary in line with YLBHI now has 15 legal aid (LBH) the majority of the nation to not only Offices that are scattered all across defend cases related to the interests of Indonesia, including in: Aceh, Medan, the people but also shift the paradigm Padang, Palembang, Lampung, Jakarta, which had caused the people to be Bandung, Semarang, Yogyakarta, continuously marginalised, poor, in Surabaya, Bali, Makasar, Manado, captivity, and abandoned. Also, from Papua and Pekanbaru. This includes here, courageous, constructive and 5 LBH Posts in some of LBH Offices,

307 namely: Lhokseumawe, Meulaboh for Consumers Malaysia (ERA Consumer (Aceh), Asahan (Medan), Malang Malaysia) is a voluntary, non-profit and (Surabaya), and Merauke (Papua). non-political civil society organisation. It was founded in the state of Perak Legal aid beneficiaries of YLBHI, along in 1985 and subsequently expanded with its 15 LBH Offices and five Posts, into a national organisation, which are focused on people from middle to is now based in Kuala Lumpur. ERA low income levels. Namely farmers, Consumer Malaysia’s programmes are labourers, urban poor, fishermen and designed and implemented to nurture coastal communities, vulnerable women alternative, people-centred, development and children, disabled and indigenous initiatives at the community level through people. YLBHI together with its 15 participatory accountable governance, LBH Offices and five Posts, receive socio-economic, sustainable agriculture more than 2,000 cases per year (in and ecological endeavours to facilitate the last three years from 2010-2012 access and management of resources consecutively: 3,141 cases, 3,300 cases for people to develop their full potential and 2,476 cases), with cases ranging and expand their choices in accordance from violations of economic and social with their needs and interests. rights, civil and political rights, vulnerable women and children (including with Aims and objectives: disabilities), and criminal and civil cases. (1) To educate the consumer regarding MALAYSIA the following consumer rights: • The right to basic goods and services Education and Research Association which guarantee survival: adequate food; for Consumers Malaysia (ERA clothing; shelter; health care; education; Consumer Malaysia) and sanitation, • The right to be protected against the Address: No 24, Jalan SS1/22A, 47300 marketing of goods or the provision of Petaling Jaya, Selangor, Malaysia services that are hazardous to health Website: www.eraconsumer.org and life, Organisational e-mail: • The right to be protected against [email protected] dishonest and misleading advertising or Phone: +60-378764648 / +60-378774741 labelling. And the right to be provided the Fax: +60-378730636 facts and information needed to make an Contact person: Prof Datuk Dr. informed choice, Marimuthu Nadason (President) • The right to choose products and Saravanan Thambirajah (Secretary services at competitive prices with an General) assurance of satisfactory quality, • The right to express consumer About: interest in, the making and execution of Government policy, The Education and Research Association

308 • The right to be compensated for counselling, and misrepresentation, shoddy goods or • to enhance awareness, motivate and unsatisfactory services, provide guidance for students. • The right to acquire the knowledge and skills necessary to be an informed Main lines of work: consumer, and • The right to live and work in an Research, advocacy, empowerment, environment which is neither threatening networking, documentation and nor dangerous and live a life of dignity sustainable practices for consumers. and well-being. (2) To undertake independent, Suara Rakyat Malaysia (SUARAM) authoritative and balanced research on consumer needs and the requisite Address: No. 433A, Jalan 5/46, Gasing degree of consumer protection and Indah, 46000 Petaling Jaya, Selangor, assistance by tendering advice and Malaysia making recommendations to the public, Website: www.suaram.net Government and the commercial sector. Phone +60-377835724 (3) To set up a consumer resource Fax +60-377843526 centre by collecting data/ information and Organisational e-mail: research material on current consumer [email protected] issues. Contact person: Sevan Doraisamy (4) To disseminate information to the (Executive Director): [email protected] consumer through the publication of newsletters, newspapers, bulletins, About: price-lists and the like, and through the organising of workshops, seminars, In 1987, Malaysia witnessed one of its conferences, lecturers, exhibitions and darkest moments in its history when talks, the screening of films and such Operasi Lalang was unleashed. The other activities as may be necessary crackdown resulted in 106 persons with prior approval of the authorities being detained without trial under the concerned. Internal Security Act (ISA). Not only (5) To maintain close relations with did this cause grave distress to the Government by submitting relevant detainees and their family members, research findings to the appropriate Operasi Lalang also generated a sense agencies. of indignation among many Malaysians (6) To engage in charitable causes/ who uphold human rights. After their activities consistent with the organisation release, several of these ISA detainees vision and mission that includes: and their family members, lawyers, and • to facilitate financial assistance for social activists came together in 1989 to students, found Suara Rakyat Malaysia (SUARAM) • to provide to charitable causes with the vision to protect and promote donations, human rights to realise a society that is • to provide legal and psychology just, equal, and democratic.

309 SUARAM is a non-governmental anti-corruption, and organisation established in 1989 to • Refugee protection – providing monitor and advocate for the respect of assistance and protection to individual human rights in Malaysia. Through its refugees and asylum seekers. Also, consistent and uncompromising work, it campaigning for the recognition of has established itself as one of the key refugees and Government policy human rights organisations, one to which changes in the treatment of refugees and Malaysians turn for information and asylum seekers. support. MONGOLIA Area of work: Center for Human Rights and SUARAM defends all aspects of human Development (CHRD) rights, especially: the right to trial, freedom from abuse of police powers Address: Building “Ok” Center, Youth and law enforcement agencies; freedom Avenue 13, 8th Khoroo, Sukhbaatar of expression and information; freedom district, Ulaanbaatar City, Mongolia of assembly and association; freedom of 14190 religion; the rights of minorities, refugees, Website: www.chrd.org.mn asylum seekers, migrants and trafficked Phone: +976-11-325721, persons; and democracy. +976-11-319037 Fax: +976-11-325721 Main lines of work: About: • Right to trial – campaign against arbitrary detention and detention without The Center for Human Rights and trial, including support to victims and Development (CHRD) works on family members, projects aimed at achieving goals such • Right to justice – campaigning for as: improving national human rights accountability of the police and other mechanisms and structures; increasing enforcement agencies, especially the foreign aid effectives; improving civil setting up of the Independent Police society’s contribution to Mongolia’s Complaints and Misconduct Commission development; and ability to use (IPCMC) and custodial death cases, international human rights mechanisms • Documentation & Monitoring and instruments. Its work is organised – monitoring, documenting and based on: researching violations of human rights • Combat human trafficking crime in Malaysia, including the annual programme, publication of the Human Rights Report, • Human rights advocacy programme, • Local governance – campaigning and for local democracy and good • Community based development governance, especially for local council programme. elections, freedom of information, and

310 Globe International Center (GIC) Areas of work:

Address: Diplomat 95 Complex, • Promote and protect freedom of Entrance 1, #5, Chingeltei District, opinion and expression; favourable Ulaanbaatar-15141, Mongolia media legal environment; organise Website: www.globeinter.org.mn trainings for journalists on specialised Phone: +976-11-324627; reporting; and monitor free expression Fax: +976-11-324764 violations. Organisational e-mail: globemon@ • Promote the public’s right to gmail.com; [email protected]. information; help local and national mn; [email protected] public agencies to increase their Contact person: Khashkhuu transparency and information openness Naranjargal (President): through monitoring, training of public [email protected]; hnaran@ officials; and build monitoring skills for globeinter.org.mn citizens.

About: Main lines of work are organised through the following strategic Globe International Center (GIC) is a programmes: non-membership, non-profit-making and tax-exempted non-governmental • Supporting the Rights of Independent organisation, which was founded in Media, 1999. Its mission is to sustain the • Promoting Transparent Governance, Mongolian democracy, develop civil and society, and disseminate information and • Empowering the Public through Media knowledge. We carry out our activities and Arts. under the motto: Knowledge is Power. The main strategic concept is ‘We NEPAL believe information makes changes. Informed people are powerful, so we Community Self Reliance Centre strive to disseminate information using (CSRC) any means possible’. Address: Dhapasi-10, Kathmandu, Since its establishment GIC has Nepal implemented around 130 projects within Website: www.csrcnepal.org its strategic programmes. Organisational e-mail: landrights@ Besides Ulaanbaatar, the Capital, we csrcnepal.org work in the 20 remote districts (soums) of Phone: +977-01-4360486, eight administrative divisions (aimags): +977-01-4357005 Bayan-Ulgii, Khovd, Khuvsgul, Uvs, Fax: +977-01-4357033 Sukhbaatar, Uvurkhangai, Bulgan and Contact person: Jagat Deuja (Executive Arkhangai. Director): [email protected]

311 The vision of the Community Self and legal processes to achieve its Reliance Centre (CSRC) is people with goals. The pioneering tools adapted by self-reliance and dignity. Its mission is to the organisation include: legal literacy; enhance the power of land-poor farmers popular education; participatory rural leading land and agrarian reforms. Its appraisal; participatory consultative goal is land for land-poor farmers and processes; stakeholder engagement their secure livelihoods. and management; social mobilisation; non-violent advocacy and campaigns; CSRC is a leading social development participatory monitoring and evaluation; organisation in Nepal working to and gender and social audits. empower people deprived of land rights to lead free, secure and dignified Objectives: lives. CSRC works in 54 districts of Nepal collaborating with a nationwide • Organise and mobilise land-poor organisation of landless, land-poor farmers enabling them in claiming and and small-holder farmers to lead the exercising land and agrarian rights with Land and Agrarian Rights Campaign. improved livelihoods, CSRC’s programmes have focused on: • Advance pro resource-poor farmers strengthening people’s organisation; land and agrarian rights policies and conducting evidence based policy governance, advocacy for pro-poor land reform and • Reduce gender inequalities in access inclusive land governance; developing to and control over resources, by frontline activists and community leaders; strengthening women’s right to land, and and supporting agro-based enterprises • Strengthen CSRC as a well-governed and livelihood initiatives. civil society organisation and a leading knowledge and resource base for non- Since its establishment in 1993, violent social movements. CSRC has helped more than 39,307 landless and tenant farmers to obtain Informal Sector Service Centre entitlements for the land they had been (INSEC) cultivating for generations and helped them to achieve economic security, Address: Syuchatar, Kalanki, social dignity, livelihood security and Kathmandu, Nepal, P.O. Box 2726 citizenship. CSRC’s work has led to Website: www.insec.org.np and www. major constitutional and policy reforms inseconline.org enabling land-poor people to claim Organisational e-mail: and exercise their rights and helped to [email protected] reduce the skewed power distribution Phone: +977-1-4278770 that keeps landless farmers trapped in Contact person: Bijay Raj Gautam poverty. (Executive Director): [email protected] CSRC is a rights-based organisation that believes in using non-violent methods

312 About: areas of INSEC. INSEC initiatives vary from grass-roots to national, sub-regional The Informal Sector Service Centre and international levels. It has presence (INSEC) is a leading human rights in all 75 districts across the country. organisation in Nepal, established in 1988. INSEC started with the objective Main lines of work: of protecting the rights of people engaged in the informal sector. The As a Research Action Organisation organisation has significantly contributed (RAO), INSEC applies a Human Rights in the protection and promotion of Based Approach (HRBA) in all its fundamental rights of people in virtually initiatives. Guided by INSEC Strategy all sectors. INSEC has been involving 2013-2018, INSEC has categorised its itself in campaigns, awareness creation initiatives into two types i.e. programmes and education programmes for the and projects. INSEC’s programme promotion of ‘all rights for all’. Monitoring, priorities consists of four thematic areas: documentation and dissemination on • Human rights monitoring and human rights has been a trademark of documentation, INSEC. It has been publishing the Nepal • Human rights awareness and capacity Human Rights Yearbook since 1992 development, and operating its human rights based • Promoting peace and strengthening online news portal (www.inseconline. democracy, and org) since 2004. Coordination and • Human rights advocacy. collaboration for the cause of human rights intervention is the backbone of Under programme areas there are INSEC’s initiatives. INSEC has been part three components. (1) Monitor Human of many local, national and international Rights and Provide Emergency Support networks working on different themes, to Victims, (2) Educate Local People like Human Rights Treaty Monitoring on Rights and Duties, and (3) Make Coordination Centre (HRTMCC) or Nepal Authorities Responsive and Campaign NGO Coalition for the Universal Periodic and Advocacy for Human Rights Review (NNC-UPR). Promotion. Periodically there are also other projects ongoing at INSEC. Areas of work: PAKISTAN Work areas of INSEC consist of core human rights, such as civil and political Bytes for All, Pakistan (B4A) rights, economic, social and cultural Address: Islamabad, Pakistan (ESC) rights, and cross-cutting issues, Website: www.bytesforall.pk like peace, democracy, and Human Organisational e-mail: Rights Defenders (HRDs) among others. [email protected] Rights of children, women and vulnerable Phone: +92-51 2110494-95 (9am - 5pm) communities, like Dalit, ex-Haliya, and Contact person: Shahzad Ahmad ex-Kamaiya, are also among the work (Director) : [email protected]

313 About:

Bytes for All (B4A), Pakistan is a network of Information and Communication Technology (ICT) professionals and practitioners. B4A focuses on the relevance of ICTs and The efforts of B4A are recognised the implementation of ICT solutions globally in the areas of ICTs. It has for sustainable development and won ‘The Doughty Street Advocacy strengthening human rights movements Award’ at the Freedom of Expression in the country. B4A has been actively Awards 2014, by Index on Censorship; working since 2003 at the forefront of ‘Innovative Campaign Award’ at Avon the Internet Rights movement and the Communications Awards 2013: Speaking struggle for democracy. B4A focuses Out About Violence Against Women on field projects and policy advocacy (for Take Back The Tech 2012 Pakistan from the perspective of civil liberties, as campaign), and has been nominated well as on capacity building of human for the Human Rights Tulip Innovating rights defenders (HRDs) on their digital Justice Awards 2013. security, online safety and privacy. Human Rights Commission of B4A strategic plan delivers in four key Pakistan (HRCP) result areas (KRA): Address: Aiwan-i-Jamhoor, 107-Tipu • Securing digital rights and Freedom of Block, New Garden Town, Lahore-54600; Expression (FoE) for civil liberties, Pakistan • Strengthening digital security of human Website: http://hrcp-web.org rights defenders (HRDs) and media Organisational e-mail: professionals, [email protected] • Ending technology-driven gender- Phone: +92-42-35864994 based violence, and Fax: +92-42-35883582 • Network building at the national, regional and global level. About:

B4A is a legally registered non-profit, The Human Right Commission of non-governmental organisation with a Pakistan (HRCP) was established mission focusing on ICTs for democracy, in 1987 as an independent non- development and social justice. It governmental organisation. Since then it operates across the country with has developed to become an influential activities ranging from capacity building, country wide human rights body. to networking and advocacy. B4A has HRCP has established a leading role in also been part of some international providing a highly informed and objective coalitions and partnerships to advocate voice on a national level in the struggle for digital rights across the globe. for the provision of human rights for all

314 and democratic development in Pakistan. organisations and individuals engaged HRCP’s role in highlighting human rights in the promotion of human rights, and to abuses has been recognised not only on participate in meetings and conferences a national level but also internationally. on human rights at home and abroad. To take appropriate action to prevent Besides monitoring human rights violations of human rights, and to provide violations and seeking redress through legal aid and expertise to victims of those public campaigns, lobbying and violations and to individuals and groups intervention in courts, HRCP organises striving to protect human rights. seminars, workshops and fact finding missions. It also issues a monthly National Commission for Justice and magazine, in Urdu, called Jehd-i-Haq, Peace (NCJP) and an annual report on the state of human rights in the country, available in Address: E 64/A, Street No. 8 Officers both English and Urdu. Colony Walton Road Lahore Cantt, Lahore, Pakistan The main office of the secretariat is Website: www.ncjp-pk.org in Lahore, while HRCP maintains a Organisational e-mail: presence through branch offices in [email protected] Karachi, Peshawar, and Quetta. Special Phone: +92-042-36668692 Task Forces in Hyderabad, Sukkur, Multan, Turbat/Makran, and Gilgit report Potohar Organization for Development issues from their areas and attend Advocacy (PODA) important meetings and seminars on HRCP’s behalf. Address: House-33/B, Street-16, Sector F-7/2, Islamabad, 44000, Pakistan Mission: Website: www.poda.org.pk Organisational e-mail: [email protected] To work for the ratification and Phone: +92-51 2609743 implementation of the Universal Fax: +92-51 2609742 Declaration of Human Rights Contact person: Sameena Nazir and of other related Charters, (Executive Director); Rahila Emmanuel Covenants, Protocols, Resolutions, (Program Coordinator) Recommendations and internationally adopted norms by Pakistan. To About: promote research and studies in the field of human rights and to mobilise Potohar Organization for Development public opinion in favour of accepted Advocacy (PODA) is a women’s norms through all available media and rights non-governmental organisation forums, and other activities, like holding (NGO) working for the promotion and conventions and publishing reports to protection of human rights in rural further the cause. To cooperate with and areas of Pakistan since 2003. PODA’s aid national and international groups, vision is a democratic society based

315 on education and gender equality for drafted many laws, some of which everyone. PODA’s mission is to facilitate have been adopted; and lobbies and the empowerment of marginalised rural advocates the rights of children, without communities, children, women and discrimination. SPARC has consultative youth through formal and non-formal status with the United Nations Economic education, legal empowerment and and Social Council (ECOSOC) and the human rights advocacy to build a locally UN Department of Public Information democratic and globally peaceful society. (DPI). It is also certified by the Pakistan Center for Philanthropy (PCP). Programmes: SPARC works all over Pakistan, except • Annual Rural Women Conference, for Balochistan due to security concerns. • Agriculture and Small Business It currently has offices in Karachi, Education, Hyderabad, Peshawar, Abbottabad, • Women’s Rights Advocacy and Haripur, Islamabad, Rawalpindi, and Education, Multan. • Democracy and Human Rights Education, and Main lines of work: • Children Rights Education. SPARC is concerned with all areas of Society for the Protection of the child rights. However, it has developed Rights of the Child (SPARC) an expertise in addressing issues, such as: child labour; bonded labour; juvenile Address: Post Office Box 301, F -8, justice; education; and violence against Islamabad, Pakistan children, especially corporal punishment. Website: www.sparcpk.org It has twice presented alternative reports Organisational e-mail: to the UN Committee on the Rights of the [email protected]; [email protected] Child in relation to the implementation of Phone: +92-51 229 1553/ 9, +92-333 the UN Convention on the Rights of the 566 9068 Child (UNCRC), and strongly advocates Fax: +92-51 229 1680 for its complete adoption in Pakistan. Contact person: Asiya Arif SPARC believes that Pakistan cannot progress unless the plight of the girl About: child is improved, and thus works in all avenues affecting girls. SPARC has its SPARC was established in 1992 to own Training Center and has imparted promote and protect child rights all over training to thousands of Government Pakistan. It was a pioneer organisation officials, media and non-governmental in the field of child rights and in raising organisation personnel. SPARC has also related issues that were previously not established Centres for Street Children part of the national debate. It undertakes in Hyderabad, Multan, Rawalpindi, in-depth research in this area; has Sikandarabad and Peshawar. published several books and brochures;

316 THE PHILIPPINES In its quest for national sovereignty and respect for human rights, PAHRA shall Philippine Alliance of Human Rights promote and defend human rights in Advocates (PAHRA) all their dimensions of civil, political, social, economic and cultural, including Address: 53-B Maliksi St. Bgy. developmental and environmental Pinyahan, Quezon City, Philippines concerns, and equally address the rights (1100) of women, children, indigenous peoples Website: www. and the Moro people in international philippinehumanrights.org, Facebook human rights instruments. PAHRA account: philippinehumanrights, Twitter: has been steadfast and consistent in @PAHRAhr, Skype: pahra1986 principle and practice for the universality, Organisational e-mail: non-discriminatory and non-selectivity of [email protected] human rights. Phone: +63-2436-26-33; Mobile: +63- 917 308 2409 Areas of work: Fax: +63-2433 1714 Comprehensive human rights issues, About: civil and political rights and economic, social and cultural rights, including Since its founding in 1986, the Philippine business and human rights, security Alliance of Human Rights Advocates sector reform, climate justice, human (PAHRA) serves as an advocacy centre rights based approach (HRBA) and and has been committed to work for the human rights defenders (HRDs) respect and promotion, protection and protection. fulfilment of human rights. PAHRA is committed to work for the recognition and Main lines of work: realisation of all human rights embodied in international instruments, such as • Advocacy centre for sectoral and the Universal Declaration of Human thematic human rights advocacy Rights, the International Covenant on concerns of members, Social, Economic and Cultural Rights, • Documentation and monitoring of rights the International Covenant on Civil and violations, and Political Rights, the Declaration • Medical and psycho-social relief and on the Right to Development, and the rehabilitation, Universal Declaration on the Rights • Capability building (training, of the Peoples. PAHRA supports the mentoring), implementation by the International • Public advocacy, Committee of the Red Cross of • Policy advocacy, and International Humanitarian Law • Engagements with National Human embodied in Geneva Conventions and Rights Institution (NHRI) – executive, their additional Protocols. legislative and judiciary.

317 Current projects: mainstreaming; research on legal and judicial reform of the Shari’a Court Building blocks to human rights localities System; ethnicity/multiculturalism/ with the Lady Mayors Association; and development work in Mindanao; policy the Pampanga monitoring mechanism research; developing gender focused on extra-judicial killings, enforced research methodologies; participatory disappearance, torture and other human popular education & training; successor rights violations. generation mentoring; development law; Muslim customary practices/ religious PILIPINA Legal Resources Center laws/ statutory law; and reproductive (PLRC) rights and Lesbian, Gay, Bisexual and Transgender (LGBT) rights. Address: 44 Narra St., Nova Tierra, Lanang, Davao City, 8000 Philippines Project examples among various Organisational e-mail: pilipinalegal@ others: yahoo.com Phone: + 63-82 234 3711; mobile: +63- ISLA Verde Project 917 701 9873 Fax: +63-82 234 3711 PLRC connected the informal settlers of Contact person: Isabelita Solamo the Davao City’s coastal danger areas Antonio: [email protected] to the city’s policy making structures and legislative committee for housing, for About: relocation plans and design of relocation areas. The homes in these coastal areas The PILIPINA Legal Resources Center were very recently destroyed by storm (PLRC), founded in 1982, is a social surges and the monsoon. development agency which implements development programmes concerning Poverty Studies in Davao Province and women and the law. Its founders are Surigao del Norte members of PILIPINA, the Filipino national feminist movement. Over the PLRC is currently conducting a poverty years, PLRC has engaged in legislative baseline study in Davao province and and policy advocacy, legal literacy, Surigao del Norte with Millennium organisational development, research, Challenge Account- Phil and the Ateneo technical support and publication. PLRC de Naga’s Research Center. also works with various local, national and international networks on women, Networking law and development programmes. PLRC actively works with PILIPINA Areas of work: Davao, Mincode, Philssa, Code NGO, Coalition for Sexual & Bodily Rights in Women’s rights as human rights; Muslim Societies (CSBR). peace; women in politics; gender

318 Task Force Detainees of the TFDP then provided moral and spiritual Philippines (TFDP) support to the political prisoners, assisted them in their material needs, Address: No. 45 Saint Mary Street, documented their situation as well as Cubao, Quezon City 1109 Philippines worked for their just trial and quick Website: www.tfdp.net release. Prisoners, on various occasions, Organisational e-mail: conducted hunger strikes to push for [email protected] better jail conditions and immediate Phone: +63-24378054 /9950246 actions for their release. TFDP was Fax: +63-9113643 always present with support. Relatives Contact person: Emmanuel Amistad were eager to have sisters or nuns with (Executive Director): them when visiting the detainees in the [email protected] jails, since it seemed that some respect to the nun’s habit still prevailed in the About: military ranks.

TFDP began under a dictatorial regime. Although TFDP started as a response In the late 1960s, there was increased specifically among Catholics in political people’s action and struggle against the detention, many Protestants, Muslims unjust economic and political order in the and even non-believers later joined it Philippines. At that time, only the elite and participated in its work for political decided the fate of the peoples and the prisoners. TFDP’s experience with nation, while the majority lived in misery prisoners attracted supporters and drew and did not participate in the making of many others to the organisations vision, decisions affecting their lives. mission and commitment.

It was in 1974 that the Association What started primarily as work for of Major Religious Superiors of the political prisoners in Manila gradually Philippines (AMRSP) established the became activities not only for political Task Force Detainees of the Philippines prisoners but for victims of other civil and (TFDP) to assist political prisoners, at political rights violations in all the regions a time when most organisations were of the country. Thus, TFDP became banned. The AMRSP reflected on a a national human rights institution survey which showed the presence documenting human rights violations, of political prisoners in all regions of assisting the victims in their material the country. The political detainees, and legal needs as well as campaigning most of who were subjected to torture, against human rights abuses and the had families who were placed under structures and policies that caused them. surveillance and from whom money was extorted purportedly to facilitate better TFDP also conducted human rights treatment and/or their release from education activities to help empowering detention. people to assert their rights, in particular and to uphold, defend and protect

319 human rights in general. It also produced and has its main office in Quezon City. It alternative publications, among others also maintains an area office in Lucena TFDP Update, Lusong and Pumipiglas, City (Southern Luzon Office). which documented the human rights situation. Komiks, an illustrated Vision: magazine began in 1989 to depict the human rights situation in popular local The organisation envisions an slang. empowered society that relates with its environment in a just and sustainable TFDP joined hands with victims of manner for the equitable benefit of all human rights violations and their Filipinos. relatives, workers, students, and other church-people, peasants and other Mission: democratic forces in the country in the struggles for human rights and Its mission is to facilitate the democracy. empowerment of communities and institutions to manage their ecosystem Public Interest Environmental Law through law and other creative Office - Tanggol Kalikasan (TK) mechanisms.

Address: M-01 CRM III Building, 106 Goals: Kamias, Road, Quezon City, 1102; Philippines Conscious of the power of an organised Website: www.tanggolkalikasan.org and informed citizenry, Tanggol’s Organisational e-mail: programmes are aimed at encouraging [email protected] greater citizen’s participation in Phone: +63-2 925 5611 environmental law enforcement and Fax: +63-2 925 5611 policy-making on resource allocation. Contact person: Atty. Maria Generosa T. Mislang (Genee) (Executive Director): Main lines of work: Ms. Julieta Aparicio • Capability-Building Programme, About: • Support for Environmental Law Enforcement, Tanggol Kalikasan (TK) is a non-profit • Constituency Building and and non-governmental organisation Organisational Development, involved in public interest environmental • Direct Legal Service, advocacy in the Philippines. It became • Public Environmental Legal Education, a fully independent organisation in and January 2001 after thirteen years as the • Legal and Policy Advocacy. environmental law office of the Haribon Foundation. Tanggol works with national and international partners and networks,

320 SINGAPORE • Freedom of expression (FoE), freedom assembly and association (FoAA), Think Centre • Right to life (anti-death penalty advocacy), and Address: P.O Box 640, Teban Garden • Labour rights, rights of migrant workers Post Office, Singapore 916002 (Mailing and their families. address) Website: www.thinkcentre.org Main lines of work: Organisational e-mail: [email protected] Promote awareness of various issues Phone: +65-6425 0709 and concerns through traditional above Contact person: Dr. Adrian Heok Kay and below the line media and more Heng (President), adrianheok@gmail. recently, new media (Think Centre com; Ted Tan Hwee Ming (Executive and TFAMW). Building a network of Secretary), [email protected]; Soe like-minded groups in Singapore to Min Than (Treasurer), soeminthan@ collaborate on the Universal Periodic gmail.com; Sinapan Samydorai (Director Review (UPR), joint advocacy efforts of ASEAN Affairs), [email protected]. and where possible, in supporting each other’s work. Networking on the death About: penalty issue at all possible levels i.e. Singapore/regional/international. Established in 1999, Think Centre is Engaging ASEAN Governments in an independent non-governmental relevant ASEAN processes especially organisation (NGO) in Singapore. It those relating to human rights and aims to examine, advocate and raise migrant labour. awareness on civil society issues related to political development, democracy, One key area Think Centre works on at rule of law and human rights. In the the national level since 2010 is nurturing last decade and a half, Think Centre the engagement between local civil has been instrumental in initiating society organisations (CSOs) with the and facilitating local civil society’s UPR process, by levelling the space and involvement in human rights awareness providing a safe platform for the work on and promotion. the stakeholders’ report as a collective and encouraging the development of a Areas of work: sustainable monitoring process. This was done in collaboration and with support • Our work takes place at several levels from the United Nations Office of the i.e. Singapore, Southeast Asia region i.e. High Commissioner for Human Rights ASEAN, and where relevant also at the (UNOHCHR) in Bangkok. Through international level: this process, we aim to connect CSOs • Promotion and protection of human in Singapore to UNOHCHR, to raise rights, awareness, collaborating on human rights training (e.g. understanding the

321 UPR process, relevance of treaty bodies, SOUTH KOREA and engaging United Nations Special Procedures complaint mechanisms), Korean House for International and the promotion of mutual respect to Solidarity (KHIS) empower all to work together. Address: 2F, 50-5, Jahamun-ro 1-gil, Regional and international activities: Jongno-gu, 110-044, Seoul, Korea Website: www.khis.or.kr Think Centre is an active participant Organisational e-mail: of the Solidarity for Asian People’s [email protected] Advocacy (SAPA) Working Group on Phone: +82-2-736-5808-9 ASEAN; Think Centre is the national Fax: +82-2-736-5810 focal point for the SAPA Working Group Contact person: Hyun-phil, Na on ASEAN’s Taskforce on Human Rights; engages the ASEAN Intergovernmental About: Commission on Human Rights (AICHR) at both the regional and national level; Founded in 2000, KHIS is a human rights Think Centre is the convener and advocacy group that works to establish secretariat of the Task Force on ASEAN and promote human rights and peace Migrant Workers (TFAMW), with Mr. primarily within Asia and the general Samydorai Sinapan serving as the international community. Our activities Convener-Consultant since 2006. include: monitoring Korean companies overseas for human rights violations; Think Centre is furthermore Co- attending to problems that arise from convener of Singapore Working Group multinational transnational enterprises; on the Death Penalty, Co-convener and dealing with any obstacles on the of Anti-Death Penalty Asia Network path to achieving democracy and human (ADPAN) and member of World Coalition rights. Against the Death Penalty. Think Centre participates in Bali Democracy Areas of work: Forum and Gwangju Asian Human Rights Forum and connects with Asia • Monitoring Korean corporations Democracy Network (ADN). overseas for human rights violations, • Supervising the activities of the National Human Rights Commission of Korea, and • Other affiliated activities concerning democracy and human rights issues in Asia.

322 Main lines of work: not fully realised immediately. The true realisation of democracy could only be • Lobbying (organising workshops, achieved by the people who participate interviewing with stakeholders, official in socio-economic and political spheres inquiry), of decision-making processes, and • Fact-finding missions and publishing closely monitor the abuse of power of the reports, state and the corporations to enhance its • Analysing and translating documents transparency and accountability. PSPD and articles on basic human rights, and aims to open a new era of participatory • Campaigning (collecting signatures, democracy and human rights, and has taking selfie shots, sending postcards). been working on promoting people’s participation in the Government’s People’s Solidarity for Participatory decision making process and socio- Democracy (PSPD) economic reforms. PSPD does not receive any Government funding. We Address: 16 Jahamun-ro 9-gil, Jongno- are 100 percent funded by individual gu, Seoul, South Korea (110-043) donations and membership fees. To Website: www.peoplepower21.org/ be an independent and transparent english watchdog organisation, our mandate Organisational e-mail: requires all staff and board members of [email protected] PSPD to be politically impartial. Phone: +82-2 723 5051 Fax: +82-2 6919 2004 Areas of work: Contact person: Gayoon Baek: [email protected] PSPD mainly works on domestic issues in South Korea but also stands in About: solidarity with civil society organisations in other countries. PSPD works on: People’s Solidarity for Participatory guaranteeing people’s participation in the Democracy (PSPD) is a non- Government decision making process; governmental organisation based in monitoring legislative, judicial and Seoul, South Korea. We were founded executive branches of the Government; in 1994 by activists, scholars and establishing fair working conditions and lawyers who were engaged in various economic justice, people’s livelihood, democratic movements during the social welfare system; as well as the decades of military dictatorship. Until the Government’s foreign policies. We 1980s, achievement of democracy was also work on peace and disarmament, driven by people’s movements resisting and monitor the Government’s official government violence and oppression. development assistance. Eventually the military dictatorship, which lasted over three decades, was Main lines of work: terminated by the power of the people. Nevertheless, democratisation was Lawsuits, legislations and petitions,

323 requests for audit and inspections of the INFORM has been a key constituent in governmental administrative processes, election monitoring and media freedom publishing policy reports, international work at the national level; is involved advocacy, press conferences, panel with the Centre for Monitoring Election discussions and media publications, Violence (CMEV), and the Free Media direct actions, press statements/ Movement (FMM). commentaries, publishing books and periodicals, public lectures and INFORM has been working with NGOs community courses, and internship and HRD networks, collaborating with programmes. local activists, groups and networks as well as regional (Asian) and international SRI LANKA human rights networks, focusing on rights of specific groups such as with Human Rights Documentation Centre families of enforced disappearances, (INFORM) women’s rights, rights of lesbians, gay, bisexual and transgender persons, Address: 237/22, Vijaya Kumaratunga media organisations, trade unions, Mw, Colombo 05. Sri Lanka academics etc. Website: https://ihrdc.wordpress.com/ Organisational e-mail: INFORM is one of the two member [email protected] organisations from Sri Lanka of the Phone: +94-112809467 Asian Forum for Human Rights and Contact person: Udaya Kalupathirana: Development (FORUM-ASIA) and [email protected] closely associated with its activities, and has also served on its Executive About: Committee. It has maintained close links with HRDs and national level human INFORM was established in 1990 to rights organisations in Asian countries, monitor and document the human rights including several regional women’s rights situation in Sri Lanka, especially in the organisations. context of the ethnic conflict and civil war. We work by reporting on the situation INFORM has been associated for a through written and oral interventions number of years with international at the local, national and international women’s rights movement on global level, rights advocacy and awareness campaigns and advocacy on women’s building work, including work on policy rights. It was a founding member of the change. Presently, INFORM focuses on International coalition on Women HRDs Freedom of Expression (FoE), protection and was the primary host of the first of human rights defenders (HRDs) and International Consultation on Women lobbying and advocacy on the promotion HRDs in 2005. INFORM has also worked of human rights and accountability in Sri closely with leading international human Lanka. rights organisations such as Amnesty International (AI), Human Rights Watch

324 (HRW), International Crisis Group (ICG), [email protected], International Service for Human Rights [email protected] (ISHR), Front Line Defenders (FLD) and Phone: +94-11 2684845 / +94-11 FORUM-ASIA. 2691228 / +94-11 2684853 Fax: +94-11 2686843 Areas of work: Contact person: Dinushika Dissanayake (Executive Director): • Protection for HRDs, [email protected] • Monitoring and documentation of human rights situation in Sri Lanka, About: • Promotion of human rights and accountability in Sri Lanka, and The Law & Society Trust (LST) is a not • Transitional justice. for profit organisation engaged in human rights documentation, legal research Main lines of work: and advocacy based in Colombo, Sri Lanka, which was founded in 1982. Our • Safety and protection of human rights aim is to use rights based strategies in defenders (HRDs) including emergency research, documentation and advocacy support, physical protection, legal in order to promote and protect human assistance, advice and mentoring and rights, enhance public accountability and submitting urgent appeals on behalf of respect for the rule of law. Some of our HRDs, main activities include legal education • Lobbying and advocacy on the and skills training, publications, rights promotion of human rights and awareness raising, dissemination of accountability locally and internationally, information, networking and coalition • Monitoring progress and support building at a national and international for pursuing justice for cases level. involving HRDs both domestically and internationally, Areas of work: • Discussion and awareness raising on human rights, and protection of • Democracy, Governance and Rule of HRDs, and matters affecting HRDs and Law, transitional justice amongst HRDs, and • Gender equality, • Documentation and dissemination of • Environment, food safety and food information on human rights situation in security, Sri Lanka. • Constitutionalism and public law, • Peacebuilding and reconciliation, and Law and Society Trust (LST) • Poverty and social injustice.

Address: No. 3, Kynsey Terrace, Main lines of work: Colombo 08, Sri Lanka Website: www.lawandsocietytrust.org The Law and Society Trust is committed Organisational e-mail: to its vision of ‘a society which upholds

325 human rights and dignity for all, free inequality in society. The actions herein of discrimination, social injustice and are relevant across LST’s thematic violence’. LST’s overall strategic goal areas. and mission is to ‘promote the full realisation of the Rule of Law, justifiability The three main intervention strategies of rights and public accountability of the Law and Society Trust are as by effectively engaging in research, follows: documentation and advocacy’. • Research and analysis of laws, policies, regulations and related actions, Within this overall strategic goal, the • Advocacy through sharing of research strategic objective is (1) to be a leader findings, discussions, recommendations in national level policy and legislative for laws amendments and other related changes, (2) to engineer changes in actions, and perceptions, attitudes and traditions • Capacity building through trainings, which adversely affect human rights workshops and related actions and and prevent the adoption of a human interventions. rights based approach, and (3) to make space for human rights discourse and TAIWAN to empower and build the capacity of rights holders. LST’s key priorities and Taiwan Association for Human Rights themes for the next five years are (1) (TAHR) democracy, governance and the rule of law, (2) gender equality, (3) environment, Address: 2F No.22, Ln. 61, Tianxiang food safety and food security, (4) Rd., Zhongshan Dist., Taipei City 104, constitutionalism and public law, (5) Taiwan peace building and reconciliation, and (6) Website: www.tahr.org.tw poverty and social injustice. Organisational e-mail: [email protected] Phone: +886-2-25969525 The thematic area which is described Fax: +886-2-25968545 in this proposal contains the overall Contact person: E-Ling Chiu: strategic goal of advancing reconciliation [email protected] so that all citizens of Sri Lanka can live with each other in peace. This About: encompasses a gamut of rights from Freedom of Expression (FoE), religion, Taiwan Association for Human Rights right to life, gender equality; addressing (TAHR) is an independent non- of alleged atrocities committed during governmental organisation (NGO), the violent conflict until its end in May founded on 10 December 1984. It is 2009; addressing issues of enforced a member-based NGO and run by full disappearances, custodial deaths and time activists and volunteers. Due to the other tools of state repression of human long-term enforcement of martial law, rights. It also contains actions which democratic reforms to ensure civil and are directed at reducing inequity and political rights became the main TAHR’s 326 campaign topic in its initial years. Now THAILAND TAHR has extended its engagement to a variety of human rights issues, People’s Empowerment Foundation some key works include: individual case (PEF) support; policy monitoring and advocacy; promotion, education, and training; and Address: 1/546 Nuan Chan Road, cooperation with international human Klongkum, Bungkum, Bangkok, Postal rights organisations. Code: 10230; Thailand Website: www.peoplesempowerment. Areas of work: org/ Organisational e-mail: • International human rights conventions [email protected] and protection mechanism, Phone +66-29466104 • Freedom of Expression and Opinion, Contact person: Chalida Tajaroensuk • Rights to assembly and parade, (Exectuive Director): • Right to privacy, [email protected] • Right to housing, • Migrants’ rights, immigration detention About: and refugees, and • Death penalty. People’s Empowerment Foundation (PEF) is a Thai Foundation which was Main lines of work: registered on 1 July 2008 under the Thai Foundation Law. PEF is a non-profit • Press conferences, organisation which focuses on creating • Drafting and revising laws, sustainable mechanisms for individual • Lobbying to the Members of actors, community organisations, grass- Parliament, roots coalitions and popular movements • Case support, to work together to achieve social • Legal assistance, change. It promotes a wide range of • Workshop, human rights and human security issues • Project ‘Guidelines for the Protestors’, throughout Thailand and Southeast and Asia through civil society networks with • Project ‘Taiwan Internet Transparency community-based partner organisations. Report’. Within these networks knowledge, strategies and resources are shared aiming at positive social change. One of PEF’s main activity is strengthening the organisational capacity of the network/ partners by providing them with information, skills and knowledge training, capacity building tools, logistical coordination, and other assistance

327 adapted to each group’s particular (ANNI). PEF also assures that this report needs. is distributed in Thailand, including to the NHRCT. PEF has three local networks; (1) • Promotion of the UN human rights ASEAN People network, (2) Patani mechanism in Thailand: PEF believes in people’s Peace Building network and the principle of human rights and works (3) United Nations (UN) human rights on promoting the implementation of mechanism network. Through these local international human rights standards in networks PEF strengthens community- Thailand. In this context PEF submitted based organisations to promote and the stakeholder UPR-report on the protect human rights and the right to 1st cycle and the 2nd cycle. PEF also development through collaboration submitted the ESCR shadow report on and cooperation. PEF also works with Economic, Social and Cultural Rights government organisations to improve the (ESCRs) and the Committee on the policy making and implementation for the Elimination of Racial Discrimination benefit of the people. (CERD) shadow report to the treaty bodies. PEF organises trainings on Projects: UN human rights mechanisms at the community level and created • Empowerment of the people in the the People’s UN curriculum for local peace process in Patani (Deep South of networks. Thailand): as an outsider of the Patani • Mobilisation of ASEAN people: PEF community, PEF promotes capacity organises meetings and trainings building of community members by on ASEAN for local networks. PEF organising knowledge exchange encourages local Thai organisations to between Patani community leaders and engage with ASEAN bodies and ASEAN Aceh and Mindanao communities. This human rights mechanisms at national option of exchange is offered to the level to ensure ASEAN People’s Centre. local officers as well. In this way PEF • PEF used to work on democracy, but educates and builds up trust with local ended its democracy project after the authorities to create understanding for coup on 22 May 2014. the peacebuilding process. PEF respects • PEF recently started a new project the decision of the Patani people and the ‘C2C- community to community‘ to solution will be created by themselves. promote community economic and PEF promotes the participation of Patani human rights. people in the peace talks.

• ANNI report: With this project PEF monitors the performance of the National Human Rights Commission of Thailand (NHRCT) and submits a chapter to the annual report of the Asian NGO Network on National Human Rights Institutions

328 TIMOR-LESTE • Active contribution, according to capacity, to help resolving problems the Association for Law, Human Rights State faces – problems inherited from the and Justice - Hukum, Hak Asasi dan past as well as problems which appear Keadilan (HAK) because of an weak state system, and

Address: Rua Gov. Serpa Rosa T-091, • Building a popular movement to defend Farol, Dili; Timor-Leste and fulfil human rights. Website: www.haktl.org Phone: +670-331-3323 Judicial System Monitoring Program Contact person: Sisto dos Santos: (JSMP) [email protected] Address: Rua Setubal, Colmera, Dili About: Timor Leste, PoBox: 275 Website: www.jsmp.tl The Hukum, Hak Asasi dan Keadilan Organisational e-mail: (HAK) Association was established in [email protected] 1996 by a group of young Timorese Phone: +670-3323883 and Indonesian activists. Its vision is a Contact persons: Luis de Oliveira Timorese society which has prosperity, Sampaio (Executive Director): luis@ equality and no discrimination as to jsmp.minihub.org; Casimiro Dos Santos human rights, so that we may have (Deputy Director): casmiro@jsmp. everlasting peace. Its mission is to minihub.org promote, protect and spread the principles of human rights throughout About: society and the state institutions of Timor-Leste. Judicial System Monitoring Program (JSMP) was established on 28 April Areas of work: 2001 with the objective to monitor the trial process in the Indonesian Ad Hoc HAK’s role is realised through: Tribunal for human rights violations, and • Spreading information about the the Special Panel for Serious Crimes principles of human rights and their rule in Timor-Leste. Currently, JSMP is a of law through various campaigns and leading non-governmental organisation education activities, (NGO) in Timor-Leste, monitoring the justice system and engaging in • Active participation to contribute to advocacy about legality, transparency, the strengthening of state institutions in accountability, and strengthening the rule order that they can carry out their roles of law. carefully with respect to human rights, through monitoring and advocacy,

329 JSMP’s vision is a democratic society that guarantees justice and human rights for everyone. JSMP’s mission is to work collaboratively to promote and protect democracy, law, justice and human rights through monitoring, legal education, and advocacy.

330 FORUM-ASIA donor partners over the years FORUM-ASIA is grateful to all donor • American Bar Association-Rule of partners that have supported us in the Law Initiative (ABA-ROLI), Indonesia last 25 years of struggle for human rights in Asia. Without you, we would not have • Anglican Church of Canada been able to achieve and realise all that we have done over the last decades. • Asia Foundation The main donors that have been supporting us over the last 25 years are • British Embassy, Indonesia the following. We apologise if we have missed out on any other donors and • Canadian International Development support organisations. Agency (Cida)/SEARCH, Canada

• Danish Church Aid • Dutch Embassy, Bangkok • European Union/European Commission

• Fredskorpset, Norway • Ford Foundation • Freedom House (Lifeline NGO Assistance Fund)

• Foundation Open Society Institute (FOSI), USA

• Humanist Institute for Development Cooperation (HIVOS), Netherlands

• International Centre for Human Rights and Democratic Development

331 • International Center for Not-for-Profit • Terre des Hommes, FR Germany Law (ICNL) (TDH)

• International Labor Organization (ILO) • Tides Centre, USA • KIOS – The Finnish NGO Foundation • United Nations High Commissioner for Human Rights, Finland for Refugees

• National Endowment for Democracy • United Nations Democracy Fund • Netherlands Organisation for • United Nations Development Program International Assistance (Oxfam Novib), Netherlands • United Nations Development Fund for Women • Oak Foundation • United States Agency for International • Open Society Institute Development (USAID) • Planet Wheeler • Swiss Agency for Development and Cooperation (SDC), Switzerland

• Swedish International Development Cooperation Agency (Sida)

332 • Cecil Shane Chaudhry, National Commission for Justice and Peace Contributors (NCJP), Pakistan • Chalida Tajaroensuk, People’s Empowerment Foundation (PEF), We would like to thank all the people that Thailand have contributed to this publication. In alphabetical order they are: • Charles Santiago, Asian Parliamentarians for Human Rights • Adilur Rahman Khan, Odhikar, (APHR) Bangladesh • Chew Chuan Yang, SUARAM, • Aklima Ferdows Lisa, Ain o Salish Malaysia Kendra (ASK), Bangladesh • Chhan Sokunthea, Cambodian • Alexandra Geneser, Greenpeace Human Rights and Development Southeast Asia Association (ADHOC), Cambodia

• Alice M. Nah, Centre for Applied • Clement Caballero, Office of the High Human Rights, University of York Commissioner for Human Rights (OHCHR) • Amihan Abueva, Child Rights Coalition- Asia • Consuelo Katrina (Corinna) A. Lopa, Southeast Asian Committee for • Anjuman Ara Begum, FORUM-ASIA Advocacy (SEACA)

• Anoop Sukumaran, former Executive • D.J. Ravindran Director Asia Pacific Refugees Rights Network (APRRN) • Datin Paduka Hajah Intan bte Haji Mohd , Chair and Representative of • Anselmo Lee, Asia Democracy Brunei Darussalam to the ASEAN Network (ADN) Commission on the Promotion and Protection of the Rights of Women • Augusto (Gus) Miclat Jr, Initiatives for and Children (ACWC) International Dialogue (IID) • Debbie Stothard, Alternative ASEAN • Betty Yolanda, FORUM-ASIA Network on Burma (ALTSEAN – Burma) • Binay Devkota

333 • Deekshya Illangasinghe, South • Jose Pereira, Judicial System Asians for Human Rights (SAHR) Monitoring Programme (JSMP), Timor Leste • Edgardo Legaspi, Southeast Asian Press Alliance (SEAPA) • Joses Kuan, Burma Partnership, Burma • E-Ling Chiu, Taiwan Association for Human Rights (TAHR), Taiwan • Juanda Djamal, Acehnese Civil Society Task Force • Evelyn Balais-Serrano, FORUM-ASIA • Julia Mayerhofer, Asia Pacific • Frank la Rue, Former United Nations Refugees Rights Network (APRRN) Special Rapporteur on the promotion and protection of the right to freedom • Kate Lappin, Asia Pacific Forum of opinion and expression on Women, Law and Development (APWLD) • Gayoon Baek, People’s Solidarity for Participatory Democracy (PSPD), • Khin Ohmar, Burma Partnership, South Korea Burma

• Haris Azhar, KontraS, Indonesia • Kieren Michael Ngalia McGovern • Henri Tiphagne, People’s Watch, • Kristina Cadaingan, Asian Network for India Free Elections (ANFREL)

• Ian Stuart, Boat People SOS • Luke Hamilton, Office of the High Commissioner for Human Rights • Ichal Supriadi, Asian Network for Free (OHCHR) Elections (ANFREL) • Makoto Teranaka, Joint Movement for • Jerald Joseph, Pusat KOMAS, National Human Rights Institution and Malaysia Optional Protocols (JMNOP), Japan

• Jose Luis Martin (Chito) Gascon, Human Rights Commission of the Philippines

334 • Mathew Jacob, People’s Watch and • Prof. Vitit Muntharbhorn, Human Rights Defenders Alert – India Chulalongkorn University, Thailand (HRDA) • Rafendi Djamin, First Indonesia • Matt Hagler, Globe International Representative to the ASEAN Inter- Center (GIC), Mongolia governmental Commission on Human Rights (AICHR), Indonesia • Mike Hayes, Mahidol University • Rei Firda Amalia, KontraS, Indonesia • Muhammad Arsalan Ashraf, Bytes for All, Pakistan • Rosslyn Noonan, Former Chief Commissioner, New Zealand • Mukunda Kattel, FORUM-ASIA Human Rights Commission, and Former Chair for the International • Naranjargal Khashkhuu, Globe Coordinating Committee of National International Center (GIC), Mongolia Institutions for the Promotion and Protection of Human Rights (ICC) • Niabdulghafar Tohming, Focus on the Global South • Ruengrawee Pichakul, Asia Foundation • Nimalka Fernando, International Movement Against all Forms of • Ruki Fernando, Human Rights Discrimination and Racism (IMADR) Documentation Centre (INFORM), Sri Lanka • Phil Robertson, Human Rights Watch (HRW) • Rungtip Imrungruang, ActionAid Thailand • Poengky Indarti, Imparsial, Indonesia • Saira Rahman Khan, Odhikar, • Pokpong Lawansiri, Office of the High Bangladesh Commissioner for Human Rights (OHCHR) • Samson Salamat, Center for Human Rights Education, Pakistan • Pooja Kapahi • Sayeed Ahmed, Front Line Defenders • Prof. Francis Lee, Sungkonghoe University, South Korea • Sejin Kim, FORUM-ASIA • Prof. Kwak Nohyun, South Korea • Sevan Doraisamy, SUARAM, Malaysia • Prof. Tae-ung Baik, University of Hawaii, USA

335 • Shahindha Ismail, Maldivian • Teesta Setalvad, Citizens for Justice Democracy Network (MDN), the and Peace (CJP), India Maldives • Tehmina Zafar, Bytes for All, Pakistan • Shahzad Ahmed, Bytes for All, Pakistan • Urantsooj Gombosuren, Centre for Human Rights and Development • Shivani Lal, Human Rights Defenders (CHRD), Mongolia Alert India and All India Network of NGOs and Individuals Working with • Yibee Huang, Covenants and National and State Human Rights Conventions Watch, Taiwan Institutions (AiNNI) • Zoya Rehman, Bytes for All, Pakistan • Shui Meng Ng, Sombath Initiative, Laos

• Sinapan Samydorai, Think Centre, Singapore

• Sister Crescencia Lucero, Task Force Detainees of the Philippines (TFDP), the Philippines

• Somchai Homlaor, Cross Cultural Foundation (CrCF), and Human Rights and Development Foundation (HRDF), Thailand

• Subodh Pyakurel, Informal Sector Service Center (INSEC), Nepal

• Sunil Pal • Taeho Lee, People’s Solidarity for Participatory Democracy (PSPD), South Korea

336 Abbreviations

ACJ Advisory Council of Jurists ACSC ASEAN Civil Society Conference ACSTF Acehnese Civil Society Task Force ACWC ASEAN Commission on the Promotion and Protection of the Rights of Women and Children ADA Asian Development Alliance ADB Asian Development Bank ADHIKAR Center for Social Action Documentation Research & Training ADHOC The Cambodian Human Rights and Development Association ADN Asia Democracy Network ADPAN Anti-Death Penalty Asia Network ADR Alternative Dispute Resolution AFAD Asian Federation Against Disappearances AFNY Aceh Forum of New York AGE Anti Government Entity AHRC Asian Human Rights Commission AICHR ASEAN Intergovernmental Commission on Human Rights AiNNI All India Network of NGOs and Individuals working with National and State Human Rights Institutions AJI The Alliance of Independent Journalists Indonesia ALDP Board of Democracy Alliance for Papua ALTSEAN-Burma Alternative ASEAN Network for Burma AMM ASEAN Ministers Meeting AMRSP Association of Major Religious Superiors of the Philippines ANFREL Asian Network for Free Elections ANICC Asian Network for the International Criminal Court ANNI Asian NGO Network on National Human Rights Institutions

337 APA ASEAN’s People’s Assembly APC Association for Progressive Communications APCET The Asia-Pacific Coalition for East Timor APCRR1 First Asia Pacific Consultation on Refugee Rights APF Asia Pacific Forum of National Human Rights Institutions APODETI Associação Popular Democrática Timorense APRRN Asia Pacific Refugees Right Network APSOC Asia-Pacific Solidarity Coalition ASEAN Association of Southeast Asian Nations ASK Ain o Salish Kendra ASP Assembly of States Parties ATSS Annual Training and Study Sessions for Asian Human Rights Defenders AU African Union AusAID Australian Agency for International Development B4A Bytes for All BAPA Bangladesh Poribesh Andalon BGB Border Guard Bangladesh BLAST Bangladesh Legal Aid and Services Trust BP Burma Partnership CAGE Citizens Alliance for the 2000 General Elections CBO Community based organisations CCTV Closed-circuit television camera CEDAW Convention on the Elimination of all Forms of Discrimination against Women CERD Committee on the Elimination of Racial Discrimination CGRS Coordination Group for Religion in Society CHOGM Commonwealth Heads of Government Meeting CHRD Center for Human Rights and Development CHRM Citizens for Human Rights Movement CICC Coalition for the International Criminal Court CMAG Commonwealth Ministerial Action Group

338 CMEV Centre for Monitoring Election Violence COHA Cessation of Hostilities in Aceh COMFREL Committee for Free and Fair Elections CPKC Conflict and Peace Knowledge Centre CPMTA Civilian Peace Monitoring Team in Aceh CPU Central Processing Unit CRC Convention on the Rights of the Child CSO Civil Society Organisation CSR Corporate Social Responsibility CSRC Community Self Reliance Centre CTF Community Trust Fund DB Detective Branch DI Defense Intelligence DOM Daerah Operasi Militer or Military Operation Area DPI Department of Public Information DPP Democratic Progressive Party ECFA Economic Cooperation Framework Agreement ECOSOC Economic and Social Council EQMM Equality Myanmar ELSAM Indonesian Institute for Research and Community Advocacy EMO Elections Monitoring Organisations ERA Consumer Education and Research Association for Consumers, Malaysia ESCRs Economic, social and cultural rights EU European Union FARMIDIA Aceh Student Front for Reform FARR Friend’s Association for Rural Reconstruction FBC Free Burma Coalition FIDH International Federation for Human Rights FIR First Information Report FMM Free Media Movement FoAA Freedom of Assembly and Association

339 FoE Freedom of Expression FoI Freedom of Information FoRB Freedom of Religion or Belief FP-HAM Forum Peduli Hak Azasi Manusia Aceh FRETILIN Frente Revolucionária de Timor Leste Independente FWF Friends of Women Foundation GA General Assembly GAM Gerakan Aceh Merdeka or the Free Aceh Movement GALA Academy Glo-cal Advocacy Leadership in Asia Academy GCHQ Government Communications Headquarters GCTOC Gujarat Control of Terrorism and Organised Crime GD General Dairy Gerindra Great Indonesia Movement Party GI Globe International GIC Globe International Center GHAH Gerakan Hapuskan Akta Hasutan - The Movement for the Abolishment of the Sedition Act GMI Gerakan Mansuhkan ISA – Abolish ISA Movement GPPAC-SEA Global Partnership for the Prevention of Armed Conflict – Southeast Asia HAK-Association Hukum, Hak Asasi dan Keadilan Association – Association for Law, Human Rights and Justice Hanura People’s Conscience Party HDC Henry Dunant Centre for Humanitarian Dialogue HRBA Human Rights Based Approach HRCP Human Rights Commission of Pakistan HRD Human rights defender HRDA Human Rights Defenders Alert HREIB Human Rights Education Institute of Burma; now: Equality Myanmar HRTMCC Human Rights Treaty Monitoring Coordination Centre HRW Human Rights Watch

340 HRWG Human Rights Working Group IAAC Independent Agency against Corruption ICC International Criminal Court ICC International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights ICCPR International Covenant on Civil and Political Rights ICJ International Commission of Jurists ICNRD International Conference of New or Restored Democracies IDPs Internally Displaced Persons ICT Information and Communication Technologies IFA International Forum for Aceh IFJ International Federation of Journalists IHRE Institute of Human Rights Education IID Initiatives for International Dialogue Imparsial Inisiatif Masyarakat Partisipatif untuk Transisi Berkeadilan – The Indonesian Human Rights Monitor INFORM INFORM Human Rights Documentation Centre INSEC Informal Sector Service Centre IPCHR Independent Permanent Commission of Human Rights IPCMC Independent Police Complaints and Misconduct Commission IPT Investigatory Powers Tribunal ISA Internal Security Act ISRSF Indonesia Scholarship and Research Support Foundation JIC Joint Intelligence Committee JMN Jan Mitra Nyas JMNOP Joint Movement for National Human Rights Institution and Optional Protocols JSMP Judicial System Monitoring Program JSTF Joint Special Task Force KARMA Aceh Student Action for Reform KHIS Korean House for International Solidarity KIPP Komite Independent Pemantau Pemilu

341 KMT Kuomintang of China Komnas HAM National Commission on Human Rights of Indonesia KontraS Komisi untuk Orang Hilang dan Korban Tindak Kekerasan - Commission for The Disappeared and Victims of Violence KRA Key result areas KWI Indonesian’s Bishops Conference LGBTIQ Community Lesbian, Gay, Bisexual, Transgender, Intersex and Questioning Community LGBTR Lesbian, gay, bisexual and transgender rights LICADHO Cambodian League for the Promotion and Defense of Human Rights LIPI Indonesian Institute of Science LOGA Law on the Governance of Aceh LRSA Legal Resource for Social Action LST Law and Society Trust LTEE Liberation Tiger of Tamil Eelam MASUM Banglar Manabadhikar Suraksha Mancha MDGs Millennium Development Goals MIRJE Movement for Inter-Racial Justice and Equality MJHA Ministry of Justice and Home Affairs MI5 Security Service MI6 Secret Intelligence Service MK Constitutional Court MLAA Madaripur Legal Aid Association MNHRC Myanmar National Human Rights Commission MPs Members of Parliament NAMFREL National Citizens’ Movement for Elections NCJP National Commission for Justice and Peace NCRB National Crime Records Bureau NCSW National Commission on the Status of Women NGO Non-governmental organisation NHRC National Human Rights Commission

342 NHRI National Human Rights Institution NNC-UPR Nepal NGO Coalition for the Universal Periodic Review NSA National Security Agency OHCHR Office of the High Commissioner for Human Rights OIC Organisation of Islamic Cooperation OPA Older People Association PAFFREL People Action for Free and Fair Elections PAHRA Philippine Alliance of Human Rights Advocates PAN National Mandate Party PBHI Indonesian Legal Aid and Human Rights Association PCC People Crisis Centre PCP Pakistan Center for Philanthropy PEF People’s Empowerment Foundation PGI Indonesian Communion of Churches PI Privacy International PIL Public Interest Litigation PKB Partai Kebangitan Bangsa PLLP Protestant Lawyers League of the Philippines PLRC PILIPINA Legal Resources Center PODA Potahar Organization for Development Advocacy POTA Prevention of Terrorism Act PSPD People’s Solidarity for Participatory Democracy PTSC Paralegal Training and Service Center PUCL People’s Union for Civil Liberties PVCHR People’s Vigilance Committee on Human Rights RAB Rapid Action Battalion RAO Research-Action-Organization RCTV Rehabilitation Centre for Torture Victims RIC Resource Integration Center RIGO Regional Inter-Governmental Institutions RISAHRM Regional Initiative for a South Asia Human Rights Mechanism

343 RST Right to self-determination RTE Right to education SAARC South Asian Association for Regional Cooperation SAMIN Yayasan Sekretariat Anak Merdeka Indonesia SAPA Solidarity for Asian People’s Advocacy SBY Susilo Bambang Yudhoyono SCA Sub-Committee on Accreditation SCHRA Support Committee for Human Rights in Aceh SDGs Sustainable Development Goals SICHREM South India Cell for Human Rights Education and Monitoring SIGINT Signals Intelligence SMS Short Message Service SMUR Student Solidarity for People SOCO Trust Society for Community Organisation Trust SOSMA Special Offences (Special Measures) Act 2012 SPARC Society for the Protection of the Rights of the Child SSR Security Sector Reform SUARAM Suara Rakyat Malaysia SUHAKAM Suruhanjaya Hak Asasi Manusia’s - The National Human Rights Commission of Malaysia TADA Terrorist and Disruptive Activities (Prevention) Act TAHR Taiwan Association for Human Rights TAME Transparency and Accountability in the Mongolian Education TFAMW Task Force on ASEAN Migrant Workers TFDP Task Force Detainees of the Philippines TK Tanggol Kalikasan - Public Interest Environmental Law Office ToR Terms of Reference UCL Union for Civil Liberty UDT União Democrática Timorense UK United Kingdom UN United Nations

344 UNCAT UN Convention against Torture UNDEF United Nations Democracy Fund UNDP United Nations Development Programme UNESCAP United Nations Economic and Social Commission for Asia and the Pacific UNGA United Nations General Assembly UNHRC United Nations Human Rights Council UNICEF United Nations Children’s Fund UNSG United Nations Secretary General UPR Universal Periodic Review USA United States of America VAW Violence against women VDPA Vienna Declaration and Programme of Action WBGPSA World Bank Global Partnership for Social Accountability Presentation WFDA World Forum for Democratization in Asia WGHR Working Group on Human Rights WPFD World Press Freedom Day YLBHI Indonesia Legal Aid Foundation

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