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2011 ANNI Report on the Performance and Establishment of National Human Rights Institutions in Asia

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2011 ANNI Report on the Performance and Establishment of National Human Rights Institutions in Asia 2011 ANNI Report on the Performance and Establishment of National Human Rights Institutions in Asia The Asian NGO Network on National Human Rights Institutions (ANNI) Compiled and Printed by Asian Forum for Human Rights and Development (FORUM-ASIA) Editorial Committee: Edgardo P. Legaspi Sarah Baes Cecile Barcenas Gaa Toru Hisada Cover and Book Design: Cody Skinner Layout: Edgardo P. Legaspi ISBN: 978-616-90352-6-8 Copyright © 2011 This book was written for the benefit of human rights defenders and may be quoted from or copied so long as the source and au- thors are acknowledged. Asian Forum for Human Rights and Development (FORUM-ASIA) Unit 12-03, Times Square Building 246 Sukhumvit Road, Khlong Toei Bangkok 10110 Thailand Table of Contents Foreword ............................................................................................. 5 A Regional Overview: Growing Recognition of the Role of NHRIs .......................................................................... 7 Bangladesh: A Reconstituted Commission Yet to Prove Its Effectiveness .......................................................... 18 Hong Kong: An Overview of the Human Rights Situation and Existing NHRIs ....................................................... 36 India: NHRC in Search of a New Direction ................................ 56 Indonesia: Weak Leadership and Coordination ......................... 78 Iran: The Need for an Independent and Accountable Commission ....................................................... 88 South Korea: The NHRCK Trapped in a Dark Tunnel ............ 109 Japan: The Proposal Falls Short ................................................... 125 Malaysia: A Fresh Look at the Commission .............................. 132 The Maldives: A New Commission............................................ 153 Mongolia: The NHRC at 10 years ............................................... 182 Nepal: Adoption of an Enabling law and the Question of Effectiveness of a Constitutional Body .................. 195 Philippines: A Time of Vigilance and Hope .............................. 212 Sri Lanka: Silent And Powerless ................................................ 234 Taiwan: A Step Forward. ............................................................. 262 Report on the National Human Rights Commission of Thailand 2010 ..................................................... 268 Timor-Leste: Bridging the Gap between Law and Practice ............................................................ 284 Foreword FORUM-ASIA, as secretariat of the Asian NGO Network on National Human Rights Institutions (ANNI), humbly presents this 2011 ANNI Report on the Performance and Establishment of National Human Rights Institutions in Asia. Our sincere appreciation goes to all ANNI member organizations—its 28 organizations in 17 coun- tries—especially those who have prepared assessment reports on the national human rights institutions (NHRIs) in their respective countries that are now compiled in this annual report. Their sub- stantial contributions are the result of their continuous engage- ment of the NHRIs in their countries, and which make ANNI a vibrant regional network. Similarly, we would also like to extend our sincere thanks to the NHRIs that contributed valuable inputs to the country reports concerned. Reports from 16 Asian countries comprise the 2011 ANNI Re- port on developments from January to December 2010, as well as some urgent additional information of developments in 2011. As in previous years, country reports were prepared following guide- lines agreed upon by ANNI members, based on the original set of indicators developed and adopted by the network in December 2008. In addition to the original guidelines, the country reports of this year focus their assessment on several thematic issues, includ- ing the work of NHRIs in protecting and promoting human rights defenders and women human rights defenders; NHRI interaction with international human rights mechanisms; and their work to follow-up or implement references by on torture, death penalty, trafficking, and child pornography by the Advisory Council of Ju- rists (ACJ) of the Asia Pacific Forum of National Human Rights Institutions (APF). We believe that a common framework to assess these thematic issues will further develop the work of ANNI in ef- fectively monitoring and engaging with national institutions in the region, as well as with the APF, as the regional network of NHRIs. 5 We would also like to express our deep appreciation to the Steering Committee members of the ANNI, Mr Balasingham Skan- thakumar of Law Society Trust (LST), Ms Sylvia Angelique Umbac of LIBERTAS and Ms Keira Yeh Ting Chung of Taiwan Associa- tion for Human Rights (TAHR), sub-regional representatives and Professor Ahn Kyong-Whan and Professor Vitit Muntarbhorn, advisors who have strongly supported and guided the work of ANNI. Finally, the FORUM-ASIA also wishes to acknowledge and express gratitude to its donors, the Swedish International Devel- opment Cooperation Agency (SIDA), Ford Foundation and HIVOS for their support of the ANNI and its work. This publication would not be possible without their generous support. Our thanks are also due to all the people involved in the pub- lication of the report; especially Mr Toru Hisada of the Human Rights Defenders Department who serves as FORUM-ASIA’s focal point for ANNI and who put together the regional overview with inputs from other colleagues, Mr Edgardo Legaspi of the Infor- mation, Communication and Publication (ICP) Department who edited the report, and Mr Cody Skinner, for the cover and book design what we have continued to use in this publication, and all other colleagues in FORUM-ASIA who provided inputs and com- ments on this publication. As in every year, we wish that this publication will be useful to the readers, and will contribute to the work of both NHRIs and civil society. Yap Swee Seng Executive Director FORUM-ASIA 6 A Regional Overview: Growing Recognition of the Role of NHRIs Asian Forum for Human Rights and Development (FORUM- ASIA), ANNI Secretariat1 1. The Year 2010 in Context There has been a growing recognition of the role of national human rights institutions (NHRIs) in Asia as potent tools for protecting and promoting human rights at the national level. Also, more and more human rights defenders (HRDs) from all over Asia recognize the importance of ensuring the independence and effectiveness of NHRIs, if NHRIs are to support and protect them in their work of promoting and protecting human rights. It is believed that the wider engagement with the NHRIs by non-governmental organi- zations (NGOs) in the region comes after the several years of force- ful and active advocacy from civil society organizations (CSOs) on the issue of NHRIs. There have been several events in 2010 regarding the establish- ment and performance of the NHRIs in the region that proved to be significant to the work of the ANNI. In Japan, for example, in the August 2009 election, the Democratic Party of Japan (DPJ) captured a majority in the Lower House (House of Representatives), ending the half-century dominance of the Liber- al Democratic Party (LDP). The DPJ election manifesto included the establishment of an NHRI. In March 2010, the ANNI, together with its member the Citizens’ Council for Human Rights Japan (CCHRJ), organized its third regional consultation in Tokyo. The consultation was attended by key MPs, academics and CSOs, and the importance 1 Prepared by Mr Toru Hisada, FORUM-ASIA focal point for ANNI 7 of establishing a NHRI in Japan that is in compliance with the Paris Principles was highlighted. Also, in April 2010, an MP’s union with- in the DPJ was established to specifically discuss the establishment of an NHRI in Japan. Also, Professor Yozo Yokota, a veteran human rights advocate, was appointed as the special advisor to the Min- istry of Justice. Finally, on 22 June 2010, the Minister of Justice, the Senior Vice Minister and the parliamentary Secretary of the Minis- try of Justice in Japan released the interim report, Establishment of a new Human Rights Remedy Agency. The interim report describes the bare bones of an NHRI in Japan, the picture envisioned by Ministry of Justice. After years of stagnation under the LDP, the establish- ment of an NHRI in Japan might be fast-tracked, due to the commit- ment of the DPJ administration together with the continuous pres- sure from the UN Human Rights mechanisms including Universal Periodic Review (UPR) and Committee on Elimination of Racial Discrimination (CERD). Nevertheless, there are also strong voices against an establishment of the NHRI among the MPs as well as civil society. Human rights organizations in Japan are skeptical about the Diet’s passage of the NHRI bill in the near future. In Taiwan, the ANNI, together with its member the Taiwan As- sociation for Human Rights (TAHR) organized its First National Workshop on 27-29 March 2010 in Taipei. The workshop was at- tended by representatives of the Control Yuan (the government branch responsible for audit or accountability in Taiwan), academ- ics and CSOs. The workshop helped key stakeholders in Taiwan to better understand the significant role of NHRIs in the promotion and protection of human rights at the national level. ANNI was also able to build strong relationships with members and partners and various networks in Taiwan on this issue. Then in May 2010, President Ma Ying-Jeou announced the establishment of a consul- tative commission on human rights.
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