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05033 Cover ANNI 2012 2012 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: Yap Swee Seng Victoria Stetsko Saartje Baes Kasita Rochanakorn John Liu Sayeed Ahmad Layout: Prachoomthong Printing Group ISBN: 978-616-7733-01-2 Copyright © 2012 This book was written for the benefit of human rights defenders and may be quoted from or copied so long as the source and authors are acknowledged. Asian Forum for Human Rights and Development (FORUM-ASIA) 66/2 Pan Road, Silom, Bang Rak Bangkok 10500, Thailand Tel: +66(0)2 637 9126-7 Fax: +66(0)2 637 9128 E-mail: [email protected] Web: www.forum-asia.org Table of Contents Foreword ........................................................................................................ 5 Regional Summary: Independence and Effectiveness of National Human Rights Institutions in Asia ............................................................................ 7 Bangladesh : National Human Rights Commission is in critical juncture of hype versus real action .................................................................................. 17 Burma : Curb Your Enthusiasm : Analysis of the Establishment of the New Myanmar National Human Rights Commission ......................... 39 Hong Kong : An overview of human rights situations under the new era of ruling ................................................................................................... 67 India : National Human Rights Commision of India: Glimmers of Hope - Yet a Long Way to Go .................................................................................... 87 Indonesia : Weakening Performance and Persistent Culture of Impunity ....................................................................................... 103 Japan : Limited Mandate in Sight for Japan’s Human Rights Commission ........................................................................... 116 Malaysia : National Human Rights Commission of Malaysia: - A New Set of Commission, A New Sense of Hope? ..................................... 112 The Maldives : The Need for Tactful and Timely Intervention ....................................................................................... 138 Nepal : Prolonged Transitional Period Warrants Challenges for National Human Rigths Commision .................................... 159 South Korea : Republic of Korea: Endless Despair .................................... 172 Sri Lanka : ‘Embedded in the State’: The National Human Rights Commission of Sri Lanka in 2011 .................. 189 Taiwan : More Effort Needed Towards the Establishment of an National Human Rigths Commision .................................................... 226 Timor-Leste : The Ombudsman for Human Rigths and Justice: Growing in capacity ...................................................................................... 232 Foreword The Asian Forum for Human Rights and Development (FORUM- ASIA), as the secretariat of the Asian NGOs Network on National Human Rights Institutions (ANNI), humbly presents the publication of the 2012 ANNI Report on the Performance and Establishment of National Human Rights Institution in Asia. Our sincere apprecia- tion goes to all 30 ANNI member organizations from 17 countries, especially to those who contributed to the compilation of reports presenting the evaluation of National Human Rights Institutions (NHRIs). Similarly, we would also like to extend our sincere thanks to the NHRIs that contributed valuable inputs to the country reports concerned. Reports submitted by organizations representing 13 countries consider the developments that took place in respective countries within the time frame from January to December 2011 as well as some urgent additional information of developments in 2012. As in previous years the country reports have been prepared following the guidelines formulated by ANNI network in December 2008 and additionally complemented by inclusion of thematic issues such as the role of NHRIs in protecting and promoting human rights defenders and women human rights defenders and NHRIs’ interaction, collaboration and consultation with other human rights mechanisms. We believe that this annual report will continue to promote and strengthen the effectiveness and engagement of NHRI with all stakeholders, espe- cially civil society organizations. 5 FORUM-ASIA would like to acknowledge the contribution of everyone who dedicated their time and commitment to production of this book, namely Sultana Kamal, Zakir Hossain, Khin Ohmar, YK Chong, Debbie Tsui, Maja Daruwala, Henri Tiphagne, Ikhana Indah Barnasaputri, Dr. Kyung Soo Jung, Ravin Karunanidhi, Fathimath Ibrahim Didi, Bijay Raj Gautam, Professor Liao Fort and Anna Mi-Young Yang for writing specific country chapter of the report. We would like to extend our gratitude to our sponsors, namely Swedish International Development Cooperation Agency (SIDA), Ford Foundation and HIVOS who provided the financial means for this publication. In addition, we would like to thank the Steering Committee members of ANNI, Mr. Balasingham Skanthakumar (South Asia), Ms. Sylvia Angelique Umbac (South East Asia) and Shoko Fukui (North East Asia) for their leadership, guidance and assistance in producing this report. Appreciation also goes to the editors, lay-out designer, the staff in the Country Program of FORUM-ASIA as well as all other staff that have assisted in the process. We hope that this publication will be beneficial for the readers and will contribute to the promotion of effective work of NHRIs and their fruitful collaboration with civil society. Yap Swee Seng Executive Director Asian Forum for Human Rights and Development 6 Regional Summary: Independence and Effectiveness of NHRIs in Asia Asian Forum for Human Rights and Development (FORUM-ASIA), ANNI Secretariat The Year 2011 in Context The past couple of years have seen an increasing international recognition of the role of NHRIs in the promotion and protection of human rights. A growing number of Asian countries have either recently established or are considering the establishment of NHRIs, including in Burma, where the Myanmar National Human Rights Commission (MNHRC) was set up in September 2011. Meanwhile the UN Human Rights Council on 16 June 2011 adopted a resolution on “National Institutions for the Promotion and Protection of Human Rights” – the first-ever Human Rights Council resolution to focus specifically on the work of NHRIs. The resolution acknowledges the significant role of NHRIs in the promotion and protection of human rights at national level, as well as their important role in the Human Rights Council, and calls for further cooperation with regional coordinating bodies of NHRIs. These developments are set against the backdrop of a general deterioration in the situation of human rights in many countries in Asia. This can be seen, for example, in the adoption of various repressive laws such as national security laws, legislation and policies that infringe upon freedom of expression and restrict freedom of association and 7 peaceful assembly in several Asian countries, including in Malaysia, Indonesia, India and Bangladesh. In addition, violence and human rights violations by state agencies and impunity are on the rise, as illustrated by the growing number of enforced disappearances, extrajudicial killings, arbitrary arrests and detentions, and intimidation of human rights defenders across the region. While there appears to be some relative progress in the development of democracy in some Asian countries, most notably in the authoritarian Burma, which is undergoing an apparent democratic transition, other countries have witnessed further setbacks. In the Maldives, for example, the first democratically-elected president Mohammed Nasheed was ousted in a controversial manner despite the introduction of a multi-party democracy after 30 years of autocratic rule. In the ongoing trial against him, there are serious reservations about the independence of the judiciary and fair trial standards. In addition, elections are expected to be held in several Asian countries in the next two years, including in Malaysia, Cambodia, and South Korea which may result in political changes. As a consequence of the high political stakes during these elections, close attention needs to be paid to the possibility of increased human rights violations in these countries. With the growing challenges in the area of human rights at the national level, NHRIs have a greater and more critical role to play. While some NHRIs are playing commendable roles, many have underperformed as well. In such a critical juncture, NHRIs in Asia are in a crucial position and will be expected to play their role as a public defender of human rights in their respective countries. 8 Establishment of New NHRIs On 5 September 2011, the Burma Government established the Myanmar National Human Rights Commission (MNHRC). In addition, in Pakistan, the National Commission for Human Rights Bill was passed in May 2012, enabling the establishment of an NHRI in the country. Meanwhile, deliberations on the setting up of such institutions are also currently underway in Japan and Taiwan. However, the progress of setting NHRIs in Japan and Taiwan has been slow. On the other hand, while ANNI and civil society groups in Burma generally welcome the establishment of the
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