1 Regional Human Rights Mechanism in South Copyright: Asian Forum for Human Rights and Development (FORUM-ASIA), 2021

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a Bangkok based regional network of 81 member organisations across 21 Asian countries, with consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has sub-regional offices in Geneva, Jakarta, and . www.forum-asia.org

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Regional Human Rights Mechanism in South Asia Regional Human Rights Mechanism in South SIDA. 2 7. 6. 5. 4. 3. 2. 1. • • • • • • • • • • • • • • • • Annexes CHAPTER 1: CHAPTER 6: CHAPTER 5: CHAPTER 4: CHAPTER 3: CHAPTER 2: Annex 7: Annex 6: Annex 5: Annex 4: Annex 3: Annex 2: Annex 1: Annex 16: Annex 15: Annex 14: Annex 13: Annex 12: Annex 11: Annex 10: Annex 9: Annex 8: General Overview ofSAARC Mechanism inSouthAsia FORUM-ASIA Kathmandu Statement Dhaka Resolution, 2014 Lahore Declaration, 2014 National Consultation Conference on Establishing Kathmandu Statement 2011 Kathmandu Declaration, 2010 SAARC Convention onCooperation on Environment Additional Protocol to the SAARC Regional Convention on Kathmandu Declaration onAddressing Impunityand Realising SAARC Convention on Regional Arrangements for thePromotion of SAARC Convention onPreventing andCombating Trafficking in Agreement onSAARC Preferential Trading Arrangement (SAPTA) SAARC Regional Convention onSuppression of Terrorism SAARC Charter ofDemocracy Social Charter Prospective SouthAsiaHuman Rights Mechanism Past Advocacy Efforts onEstablishing A Regional HumanRights Why aRegional HumanRights Mechanism? SAARC Charters andHumanRights Conventions Huma Women andChildren for Prostitution Charter oftheSouthAsianAssociation for Regional Cooperation South AsianHumanRights Mechanism Suppression ofTerrorism Human Rights inSouthAsia Child Welfare inSouthAsia n Rights inTheSouthAsia Table ofContents

122 120 118 112 109 103 116 11 37 64 60 58 49 41 35 24 78 45 95 90 84 4

3 Regional Human Rights Mechanism in South Asia 4 Regional Human Rights Mechanism in South Asia 2 1 The objectives of SAARC as stated initsCharter are to: manycommon challenges andopportunities. share also they determined countries Asian South the ties, historical and cultural past.”common our in rootedvaluesmany share they that and centuries, countlessfor friendship and peace havetogetherin lived peoples our that unit, geographicallyhomogeneous one heterogeneity, are our we all of spite in that mind in bear to have “We thus: SAARC of creation the Singye At Jigme first Dhaka, King the in of stated Wangchuck summit SAARC the rationale for December 1985. in SAARC forming members, founding were nations seven other The 2005. November in member a , Nepal, , and . is the most recent addition to SAARC, becoming T 1.1 What isSAARC? • • • • • • • • organisation whose members comprise of eight nations: Afghanistan, , Bhutan, , he South Asian Association for Regional Cooperation, better known as SAARC, is an inter-regional SAARC Charter, http://www.saarc-sec.org/SAARC-Charter/5/ http://www.bhutan2008.bt/en/node/233 CHAPTER 1 interest; and of common matters on forums international in themselves among cooperation strengthen strengthen cooperation withotherdeveloping countries; and scientific fields; promote active collaboration and mutual assistance in the economic, social, cultural, technical contribute to mutualtrust, understanding andappreciation ofoneanother’s problems; promote and strengthen collective self-reliance amongthe countries ofSouth Asia; provide allindividualstheopportunityto live indignityandto realise theirfullpotential; to and region the in development cultural and progress social growth, economic accelerate promote thewelfare ofthepeopleSouthAsiaandto improve theirqualityoflife; cooperate withinternational and regional organisations withsimilaraims andpurposes. General Overview ofSAARC 1 With shared With 2 5 4 3 on appropriate studies.” d) mobilisation of regional and external resources; e) identification of new areas of cooperation based of inter-sectoral priorities; determination c) financing; their of modalities the and programmes, and projects of approval b) cooperation; of programme of coordination and monitoring overall “a) for The Standing Committee is comprised of the Foreign Secretaries of the eight members, and is responsible Standing Committee general interest to theAssociation.” matters of other on decisions e) necessary; deemed as Association the under mechanism additional d) of cooperation; establishment of areas new on decisions c) Association; the cooperation under of The Council is responsible for “formulation of the policies of the Association; b) review of the progress The Council of Ministers is comprised of the Ministers of Foreign/External Affairs of the eight members. Council ofMinisters Bodies Charter 1.2.2. an implementation bodywith nodecision-makingauthority. its Member States as well as other regional organisations” for and service[e] meetings, and serv[e] as a channel of communication between the Association and The purpose of the Secretariat is to “coordinat[e] and monitor[r] implementation of activities, prepar[e] General Secretary isassisted by eight Directors from eachoftheMemberStates. The Ministers. of Council a by appointed is and order, alphabetical in Country Member a from chosen is General Secretary The term. three-year a to appointed is who General Secretary a by headed is and 1987, January in Nepal Kathmandu, in established was SecretariatGeneral SAARC The Secretary and Secretariat SAARC 1.2.1 1.2 Overview ofSAARC Structure remained relatively muted. has driver economic the SAARC, creation of the influenced which model the been has which ASEAN, the Unlike 2015. by zero to goods traded all of duties customs reduce to aims agreement latter The evolution into SouthAsianFree Trade Area (SAFTA). SAARC Preferential as initiatives such despitelimited, been has Trading Arrangement (SAPTA) its and scope its economic and non-political, remains SAARC region in the sensitivities political the Given and theAssociation ofSoutheast AsianNations (ASEAN). League, Arab the (CARICOM), Community Caribbean the States (OAS), American Organisation of the SAARC is a regional intergovernmental organisation like the African Union (AU), (EU),

SAARC Charter, ArticleV(1) SAARC Charter, ArticleIV(1) SAARC Website, http://www.saarc-sec.org/SAARC-Secretariat/18/ 5 The Committee is mandated to meet as often as necessary, and is expected 4 TheCouncilismandated to meet twiceayear. 3 . The Secretariat has limitations as it is only

5 Regional Human Rights Mechanism in South Asia 6 Regional Human Rights Mechanism in South Asia 7 6 Theypropose areas. SAARC hasthefollowing Working Groups: their respective in presenttargets. achieve programmes At and implement help to finance of programmes sources and mechanisms and activities oversee Groups Working Working Groups of theCalendarActivities.” States, and mobilisation of external resources; Inter- sectoral priority of Work Programme; and Review Member the among modalities cost-sharing location, their in mattersof including projects, regional of “selection assist to Committee the Standing by established was Committee Programming The Programming Committee order every two years. At present there are sixTechnical Committees: the of Committee. Chairmanship Technical Committees rotate Member States among alphabetical in implementation.” in progress of monitoring f) programmes; sectoral of coordination and implementation e) costs; of offinancial c)determination apportionment recommendations regarding of formulation d) programmes; sectoral of implications ofprojects; preparation and programmes of formulation b) areas; in cooperationagreed regional of scope the potential and the “a)determination of mandateis Their programmes. specific monitor and coordinate, implement, to appointed are TechnicalCommittees Technical Committee the biannualsessionsofCouncilMinisters. to submit periodic reports to the Council of Ministers. As a rule, the Standing Committee meets before

● ● ● ● ● ● ● ● ● ● SAARC Website, https://www.saarc-sec.org/index.php/about-saarc/saarc-structure/programming-committee SAARC Charter, Article VI(2) Working Group onTourism Working Group onInformation andCommunication Technology Working Group onEnergy Working Group onBiotechnology Technical Committee onEnvironment Technical Committee on Transport Technical Committee onScienceand Technology Technical Committee on Women, Youth andChildren Technical Committee onHealthand Population Activities Technical Committee onAgriculture andRural Development 6 Technical Committees are expected to submit periodic reports to theStanding reports periodic tosubmit expected are Committees Technical 7 Itgenerally meets priorto Standing Committee sessions. meeting, three more meetings of the Delhi foreign ministers New were held in the Male (1984), Thimpu (May Following 1985), (SARC). Cooperation Regional Asian South the as known organisation an ministersconferencethis of Declarationadopteda also Cooperation, on Regional beginning formally The foreign launched. cooperation) was technical and scientific and services postalculture, and arts sports, transport, control, population and health meteorology, telecommunications, development, wherethe 1983, in Delhi New in held was Integrated Programme of Action (IPA) on mutually agreed areas of cooperation conference (i.e., agriculture, rural ministers’ foreign Asian South first The 1983. in level political to the shifted discussion of focus the level, official the at preparatorydiscussions of cooperation. three for areas After years identify organisation and of principles establishthe to place took Dhaka) 1983, 28-30, March ; 1982, 7-8, August Kathmandu; 1981, 2-4, November Colombo; 1981, 21-23, (April levels secretary foreign the at meetings four 1983, and 1980 Between Standing Committee. organisation to strengthen economic and cultural ties: this was, in effect, the firstregional meetingSAARC’s of possible a discuss to 1981 in met members founding seven the of secretaries foreign The Birendra King Nepal. including nations, of Asians South smaller the leadersof among gained support The concept of SAARC was first proposed by President Ziaur Rahman of Bangladesh in 1977. It quickly 1981-1991 1.3 Brief History ofSAARC Summits andDeclarations Centres report to theProgramming Committee. The Regional Centres at present are: the of Directors The Government. Host the SAARC of Secretary-Affairs Foreign/External of Ministry the States, and General the Member all from representatives comprising Boards Governing by promotetoareas Centres aim regionalcooperation These managed their subjects. respective are on SAARC Secretariat is supported by Regional Centres established in Members States focusing on specific Regional Centres ● ● ● ● ● ● ● ● ● ● ● SAARC Cultural Centre (SCC),SriLanka SAARC Forestry Centre (SFC), Bhutan SAARC Disaster Management Centre (SDMC),India SAARC Energy Centre (SEC), Pakistan SAARC Information Centre (SIC),Nepal SAARC Coastal Zone Management Centre (SCZMC), Maldives SAARC HumanResources Development Centre (SHRDC),Pakistan SAARC Documentation Centre (SDC),Bangladesh SAARC Tuberculosis Centre (STC), Nepal SAARC Meteorological Research Centre (SMRC), Bangladesh SAARC Agricultural Centre (SAC), Bangladesh

7 Regional Human Rights Mechanism in South Asia 8 Regional Human Rights Mechanism in South Asia the ‘Year ofParticipatory Governance’. Year‘SAARC declared Povertywas Eradication’, 1997 of ‘Year and Literacy’ the of declared was 1996 the declared was 1995 movement. change climate a regional initiate to attempted 1998, in Change New Delhi Declaration of Environment Ministers of 1997, along with the Common Position on The Climate Children. of Welfare of Promotion on Convention the of development future the for stage the Foreign Ministers of the members. The 1996 Rawalpindi Resolution on the Children of SouthAsia set the by signed period, this during emerged Declarations Ministerial important few a Nevertheless, conflict in1999, when boththe countries engaged inhostilities. escalated situation The option. dangerousnuclear unstable to thethe during with proportions Kargil The nuclear test by India in 1998, and retaliatory tests by Pakistan, instantly made the region extremely political landscape meant the relationships that had formed SAARC in 1985 had become destabilised. the in changes and tensions Risingregional ambitious. less declarations and thatmeant less became The fallout from follow up to declarations being blocked by bureaucratic red tape and regional politics saw analarmingriseinreligious tensions highlighted intheBabriMosqueriotsof1992. in 1996; and Bhutan transferred executive powers from the monarchy to a Council of Ministers. India monarchy,constitutional a insurgents Maoist between government war and forces a civil later faced Pakistan were replaced with civilian rule in the early 90s; Nepal evolved from and an Bangladesh in dictatorships to Military changed. radically had 1985, in cooperation SAARC the of formation the sculpted had that landscape political The achieved. from far was ideal this however cooperation, through tensions regional ease to view a with established was SAARC ambitious. less and less became declarations that meant tape red bureaucratic the and Pakistan and India namely countries, biggest two the between particularly region, the in suspicions political deep-seated The 1991 -1998 and aTuberculosis Centre, aswell asaDocumentation Centre. Reserve Food a up set toPersons’. agreed Disabled SAARC the of ‘Year the 1993 Environment’,and the of ‘Year the 1992 Shelter’, the of ‘Year the Child’,1991 Girl the of ‘Year the Abuse’,1990 Drug against ‘Year the 1989 declared SAARC 1990, and 1988 in summits fifth and fourth the During up. decadeworethe areascooperationAs new of on, were identified, new bodies and regional set were 7-8, 1985. Stateof heads the of governmentor countries Asian South wasatthe Dhakaheld of from December association (organisation) to promote and develop such cooperation. Finally, the first summit meeting SARC refers to the process of South Asian Regional Cooperation, SAARC marks the establishment of an while that thinking the on based acronym was the in change The (SAARC). Cooperation Regionalfor Association Asian South to Cooperation (SARC) Regional Asian South organisation from the of name South Asian heads of State. At the Dhaka foreign ministers’ meeting, a decision was taken to change the and Dhaka (December 1985) to finalise details and determine a date and place for the first meeting of 8 cabinet meeting under water andNepal’s cabinet meeting atthebase ofMount Everest in 2009. a holding Maldiveslow-lying with change, climate awarenessof global raiseto actedhave countries SAARC 2010. in summit 16th the atmembers Asian South assist to Asia’ South in changeclimate for focusing on adaptation and securing international assistance. India announced the ‘India endowment adopted, was 2009-2011 from Change Climate on Plan Action three-year A future. near the in 20% to tariffs reducing to agreeing parties with shape, taking currently is AreaTrade Free Asia South A SAARC Convention onCooperation onClimate Change. Thimpu, marked the 25th anniversary of the formation of SAARC – and saw the eight leaders sign the at Summit 16th the 2010, In 2007. agreedin establishtoSAARCFoodand Bank a 2004, in Islamabad in Charter Social in SouthAsia the signed and drafted governments member The Welfare 2002. January Child in adopted were of the Promotion for Arrangements Regional on Convention SAARC andthe andChildren inWomen Trafficking Combating and Preventing on Convention SAARC The Korea, MauritiusandMyanmar. of Republic , , joined then countries four these With nine. now is SAARC of observers of number totalstatus. The observer obtained, requested,Iranand and EU, USA, , while 2005, in SAARC joined Afghanistan agenda. his of part important an SAARC, for had obstructed progress meaningful any heretofore which Pakistan, with conflict Singh, the resolving Manmohan made Premier, has India’s 2004, movement. in elected SAARC the into injected been has impetus New 2002 -2012 frozen, there would notbeanothersummituntil 2002. not an appropriate representative of his people to SAARC. With relations between India and Pakistan was Pakistan of leader the that insisted India as off called was 1999 for planned summit SAARC The relations, whichbecame frozen intheimmediate aftermath. inthe KargilWar. culminated India-Pakistanswiftly, in ended war made diplomatic back the gains set While of subversion seriously it process This Declaration. the undermine to order in summit the during attacks terrorist arrange to network militant their used have to suspected are summit,and the for Pakistan enter to border the at arrived he when Minister Prime Indian the for reception the It was speculated that the Pakistan military was unhappy with the Lahore Declaration reaffirmed their commitment to SAARC’s objectives, and resolved to promote humanrights. dispute, Kashmir the resolve to efforts intensify to themselves pledged had showdown, nuclear a to close come having at nervous Pakistan, and India of leaders democratic the where Declaration, Lahore the after months few a occurred aggression military Kashmir.The into troops sent Pakistan TensionsPakistanand between India the Kargil 1999 continued heighten, in to and brokeWar as out 1998 -2002

http://www.tribuneindia.com/1999/99apr04/j&k.htm#1 8 . They boycotted

9 Regional Human Rights Mechanism in South Asia 10 Regional Human Rights Mechanism in South Asia member States to beusedfor COVID-19 response intheregion. SAARC the all from voluntarycontributions on based fund, emergency COVID-19create a to agreed when avirtual 2020 leader’s summit March was held to in discuss regional cooperation in pandemic tackling the pandemic.the COVID-19 The SAARC leaders after broken was situation stalemate The has beenheld. India and Pakistan, which has severely affected the working of SAARC, as until now, no SAARC Summit in September 2016. Diplomacy and regional cooperation weres marred by bilateral tensions between Kashmir and Jammu in terrorist attack a following summit the from out pulled India after cancelled 19 The goods andpassengers through road transport intheregion. of movement allowing by connectivity regional enhance to Agreement, Vehicles Motor SAARC the over 30 years and called for revitalisingregional cooperation Asia.The summitalsofinalised inSouth for SAARC of existence continuous the recognised leaders the summit, the During 2014. November and Pakistan India between the rivalry dominated theworkingof SAARC. discussions and The 18 especially region, the of geo-politics period, this During 2012 -Present Day issues. regional discuss to governments State respective their by nominated be will society civil country’s each of members 14 where SAARC, by Forum Asia South a establish to decision the included have on Human and Peoples’ Rights, and the European Court of Human Rights. Other recent developments Commission African the Rights, Human Inter-Americanon the ASEAN, Commission in (AICHR) Rights human rights mechanism in South Asia similar to the Asian Intergovernmental Commission on Human a regional of establishment the demanding Declaration, Kathmandu the with emerged participants and held, was Mechanism Rights Human Asian South a on workshop sub-regional first the 2010 In Asia withaSecretariat basedinKathmandu, thesamecitywhere theSAARC Secretariat islocated. collective of people’s movements, rights groups and prominent members of civil society across South People’s a is SAARC; rights human on acting into deeper SAARC push to working groups society civil of networklargest The past. the in has it than issues rights human of range wider a addressing into and SAARC lobby to try rights now (SAFHR) Rights Human for Forum Asia South and (SAHR), human Rights Human for on working organisations society civil democratisation. Still, groups such as the SouthAsian Free Media Association (SAFMA), SouthAsians than development and technical in organisations society civil with working interestedin more is SAARC that reveals Bodies Recognized SAARC and Bodies ApexSAARC’s of list the at glance A years.recent in up stepped also has process Civil society awareness of SAARC activities and its attempts to participate in and influence the SAARC th AR Smi, hc ws upsd o e otd y aitn n oebr 06 was 2016, November in Pakistan by hosted be to supposed was which Summit, SAARC th SAARCwas Summit Kathmanduin held in 12 11 10 9 situation. rights human country’s the regress and the effectuate Taliban’s resurgence will agreement, the per as 2021, September by country the from troops US of withdrawal full a that, postulateAfghanistan women. were victims the of 37% which haveincreased. Between January-Marchcasualties have civilian 1,800 some been 2021, reported, of government officials, judges, journalists and human rights activists, mostly attributable of2020. to the Taliban, months nine first the in reported were casualties civilian 6,000 Over toll. civilian the to added haveforcesgovernment Afghan airstrikes by the2020. April and Taliban agreement, the to contravention In agreement. conducted over 4,500 this attacks on Afghan’s to government forces party killing some 900 a soldiers between March not is government country. the in peace institutionalising and war the ending at aimed Afghanistan’to Peace Bringing for‘Agreement the signed Taliban the and States United the 2020, February In impunity andexacerbated thevulnerability to humanrights violations. bolsteredstategovernancestructurehas againstthe of unserviceable humanity, An crimes. war and conflict-fraught Afghanistan as evidenced by mass civiliandeaths, oppression against women, crimes S Human Rights inSouthAsia AFGHANISTAN

The Taliban’s repressive rule has had a compounding effect on the situation of human rights in rights human of situation the on effect compounding a had has Taliban’srule The repressive ince 2001, the war in Afghanistan has significantly escalated human rights violations in the country. https://unama.unmissions.org/sites/default/files/unama_protection_of_civilians_in_armed_conflict_1st_ quarter_2021_2.pdf, accessed 18April2021 annual_report_2020_eng_0.pdf https://unama.unmissions.org/sites/default/files/executive_summary_afghanistan_protection_of_civilians_ forces-since-signing-u-s-deal-data-idUSKBN22D5S7 https://www.reuters.com/article/us-health-coronavirus-afghanistan-taliba/taliban-step-up-attacks-on-afghan- stan-02.29.20.pdf https://www.state.gov/wp-content/uploads/2020/02/Agreement-For-Bringing-Peace-to-Afghani 10 Civilians continue to be killed and injured in insurgent attacks, while indiscriminate insurgent attacks, while in injured and killed be continue to Civilians , accessed18April2021

, accessed18April2021 12 Human rights defenders and civil society organisations in organisations society civil and defenders rights Human , accessed18April2021 11 Abductions and targeted killings ofpoliticians, killings targeted and Abductions 9 The incumbent The

- CHAPTER 2 11 Regional Human Rights Mechanism in South Asia 12 Regional Human Rights Mechanism in South Asia 20 19 18 17 16 15 14 13 is expected to provide andvaccination quick access to healthservices to itspopulation. emergency assistance from the World Bank and the raising Asian Development Bank, the with Afghan system, coupled government fund COVAXWHO’s However,with healthcare crisis. humanitarian looming fragile another of Afghanistan’sconcerns overwhelmed has pandemic the Furthermore, severe restrictions oneducation and free speech. amendments. reports. the withdrew news Ghani President groups, of rights human and censorship media the government by criticisms strong allowed have Following would and which sources law reveal media to the journalists to compelled amendments proposed government Afghan the 2020, In prosecute seniorofficials responsible for sexual assault, torture, andmurder ofcivilians. to failed has government the and prosecuted, seldom are cases However,such rape. and assault, murder, including women, against violence of cases registered in increase slight a reported Affairs important. very agreement peace the in rights women’s of protection expression. freedomof and rights women’s on guarantees constitutional including protections, rights human Afghanistan. in activists and year.this March in talks the during woman no included Taliban’steam the 10-member while members 12 its especially with respect to gender. The government’s delegation comprised of only one woman out of population, Afghan broad the of representative being not for criticised been have talks peace The talks withtheTaliban. contingent on the cooperation of the incumbent government which is concurrently engaged in peace US troops and its allies under the purview of investigations. However, the depth of the investigation is Afghanistan. in conflict the during prosecutorto investigate possible crimesagainst and crimes war perpetrated humanity parties all by Pre-Trialthe court’sof the decision authorised 2019 and the Chamber amended ICC the of Chamber Rome Statute establishing the International Criminal Court (ICC) in 2003. There was a significant turning point on international accountability when Afghanistan acceded to the

https://www.worldbank.org/en/news/press-release/2021/03/18/new-grants-to-spur-afghanistan-covid-19- https://www.ifj.org/media-centre/news/detail/category/press-releases/article/afghanistan-govern Foundation, Asia the Economy:The and 1 Peace, COVID-19, of Perception ‘AfghanistanWave on Surveys Flash https://www.hrw.org/world-report/2020/country-chapters/afghanistan, accessed18April2021 Foundation, Asia the Economy:The and 1 Peace, COVID-19, of Perception ‘AfghanistanWave on Surveys Flash 20April accessed https://www.reuters.com/article/us-usa-afghanistan-peaceplan-women-idUSKBN2BA2HF, https://www.icc-cpi.int/CourtRecords/CR2020_00828.PDF https://asp.icc-cpi.int/en_menus/asp/states%20parties/asian%20states/Pages/afghanistan.aspx vaccine-rollout, accessed 20April2021 ment-drops-controversial-media-law-amendment.html, accessed 19April2021 Findings’ (2020),p.47 Findings’ (2020),p.26 2021 15 This has raised concerns from national and internationalraised and from leaders actors,concernsnational has women including This 17 A flash-survey of the Afghan People reveals some 84.7 per cent of the people deem people the of cent per 84.7 some reveals People Afghan the of flash-survey A 19 However, threats to journalists by the government and the Taliban continue alongside 16 There are repeated calls by civil society organisations to preserve to organisations society civil by calls repeated are There 14 This brings the Taliban, the Afghan government forces, and the and forces,government Afghan Taliban,the the brings This 13 18 In March 2021, the Appeals The Ministry of Women’s of Ministry The 20 - 30 29 28 27 26 25 24 23 22 21 for theiropinionsonpolitical issues ofthe country. universities different from dismissed wereprofessors several curtailmenthas where well, law. Such as academia to extended international and violating free speech for curtailing Act the criticised organisations society civil Union, European experts, independent UN Rights, Human for Commissioner High UN the community,including the about information false COVID-19 spread situation in Bangladesh, have sustained severe to torture injuries while alleged in prison. Kishore, Kabir cartoonist detainee, Another media. Mustaq social writer, his on government’s response COVID-19 the imprisoned criticising arrestedfor was who Ahmed, an of death the by evidenced as wide and far extends law repressive alone. 2020 year the in detained 353 and charged people 1,000 some with activists society civil and journalists against used be to continued 2018 Act Security Digital The emblematic ofthewiderState policy to stifle dissent anddebate inBangladesh. are incidents These violence. police with met student a of release the demanding by thepolice. rally peaceful a dispersed were forcefully Party National Bangladesh opposition the by gatherings public 17 some blocked government the 2020, In freedoms. Internationaltothe Covenant and guarantees Civil which Political Rights on 1966 fundamental those by marked Bangladesh of policies party State regressive a is Bangladesh expression. assembly, and association, of freedom the upon encroachments to contrast stark in is progress economic The the world, thecountry hasprogressively improved onitsHumanDevelopment Index aswell. tostableits economy notableand reduction poverty. in attention in international politics in1971. Fifty years on,Bangladesh ishailed as asuccess story owing due conferred not war,was of ravages the through Bangladesh, independent an of emergence The BANGLADESH

https://www.amnesty.org/en/countries/asia-and-the-pacific/bangladesh/report-bangladesh/, accessed 19 accessed https://www.amnesty.org/en/countries/asia-and-the-pacific/bangladesh/report-bangladesh/, https://www.forum-asia.org/?p=21399 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25905 accessed19April2021 https://cpj.org/2021/03/jailed-digital-security-act-bangladeshi-cartoonist-kabir-kishore-tortured/, accessed 19 ac https://www.jurist.org/news/2021/03/bangladesh-prison-death-reignites-digital-security-act-concerns/, 20 accessed https://www.amnesty.org/en/countries/asia-and-the-pacific/bangladesh/report-bangladesh/, Ibid. 20 accessed https://www.amnesty.org/en/countries/asia-and-the-pacific/bangladesh/report-bangladesh/, http://hdr.undp.org/en/countries/profiles/BGD, accessed 20April2021 https://www.worldbank.org/en/country/bangladesh/overview, accessed20April2021 April 2021 April 2021 nity-must-respond-to-crackdown-on-freedom-of-expression, accessed18April2021 https://www.civicus.org/index.php/media-resources/media-releases/4947-bangladesh-international-commu cessed 19April2021; April 2021 April 2021 29 , as well as journalists in Bangladesh have repeatedly have Bangladesh in journalists as well as , 30

21 As one of the fastestthe of one As growing economies in 25 23 The ramifications of this ramifications The and meetings organised meetings and 27 The international 24 Similarly, 22

28 and 26 - -

13 Regional Human Rights Mechanism in South Asia 14 Regional Human Rights Mechanism in South Asia 36 35 34 33 32 31 communication of channels few on depend to have they as pandemic the in increased only have Rohingyas the of to communications for it widened the gap between service providers and seekers; the precariousness 1966. Before the onset of COVID-19, humanitarian aid workers appealed for removal of such barriers Rights camps ingross Political and on Civil refugee Covenant International the the under obligations from Bangladesh’s of and violation to to information access block to intention government’s concerns. security citing down shut access inthe been have internet camps 2019, Since September is questionable. Rohingyas the to relation in rights human under international obligations its law, criminal international with engages Bangladesh As investigation. Statute, the ICC is dependent on Bangladesh’s unconditional cooperation for a fair and authorities. comprehensive by Rohingyas the of persecution the vis-a-vis Bangladesh of territory the on committed humanity against crimes to limited not but Pre-Trial Chamber of the ICC authorised the Prosecutor to commence investigations on acts including the 2019, November In ICC. the establishingStatute Rome the to party a is Bangladesh persecuted. customary international law by not forcing the Rohingyas back into Myanmar where they will likely be under non-refoulment of principle the to adhered has it refugees;Rohingya million 1.3 nearly host to continues Bangladesh Myanmar. in Rohingyas the of persecution the by unleashed emergency The deepening human rights crisis unfolds in parallel to an existing and rapidly intensifying humanitarian currently between 2019and2021. and 2017, to Rights 2015 2012, to 2009 Human from 2009, Hasina’sin regimeSheikh Minister UN Prime since Council the at Bangladesh by held memberships three the to paradox with complete in run rights violations impunity human These unabated violations. serious such for clarifications furnish to refused has Bangladesh InvoluntaryDisappearances, Enforcedand on WorkingGroup UN people. 600 of disappearanceforceful the incommunicado. detained five least at and died haveprotesters 14 least at March, 28 and 26 Between concerning. gravely is country the across protesters of disappearances enforced and killings the Furthermore,

https://www.oxfam.org/en/blogs/four-things-know-about-covid-worlds-largest-refugee-camp accessed 20 accessed https://www.oxfam.org/en/blogs/four-things-know-about-covid-worlds-largest-refugee-camp 20 April accessed https://www.hrw.org/news/2019/09/13/bangladesh-internet-blackout-rohingya-refugees https://www.icc-cpi.int/CourtRecords/CR2019_06955.PDF accessed 22April2021 20 April https://www.thedailystar.net/country/news/bangladesh-becomes-unhrc-member-1646227 accessed ac https://www.aa.com.tr/en/asia-pacific/bangladesh-human-rights-situation-remains-alarming-/1669362 https://www.civicus.org/index.php/media-resources/news/5019-bangladesh-authorities-must-conduct-inves April 2021 2021 2021 cessed 20April2021 tigations-into-death-of-protesters, accessed18April2021 36 31 to get effective andaccurate information regarding thevirus. ewe 20 ad 09 190 xr-uiil ilns ee eodd alongside recorded were killings extra-judicial 1,900 2019, and 2009 Between 33 32 Despite repeated calls by human rights groups and the and groups rights human by calls repeated Despite 35 34 Such restrictions in fact demonstrate the demonstrate fact in restrictions Such As Myanmar is not a party to the Rome the to party a not is Myanmar As - - 47 46 45 44 43 42 41 40 39 38 37 Bhutanese refugees have beenlivingincamps ineastern Nepal. communities, comprising a of its sixth population. Consequently, since the early 1990s, over 105,000 The enactment of the Bhutan Citizenship Act, 1985 arbitrarily stripped citizenship of Nepali-speaking the longstanding history ofpersecution sustained by ethnic Nepalisinthe country. extensionan of is policy Bhutan.This in living pertainNepalis toethnicnot provided work does their isnotedto work governance-related and rights government human on The working organisations situation. society civil the permit generally analyse fully to itdifficult makes this on information gathering public where in Bhutan restricted requires government be approval, which were at times denied in 2020. to continues assembly of freedom of state The inauthentic andinaccurate representation of government’s practices andpolicies. content in pressinvokedresulting governmentof overhas censorshipconcerns 2018 Act Media and rise. the on also are media social on vocal those and journalists family. the royal to pertaining matters in it is reported that journalists, bloggers, and writers exercise a high-level of self-censorship, especially assistants in 2021 and until 2020, no media journalist and journalists against hadattacks reported no everwere There countries. beenAsian South incarceratedall for highest in the country. Pressthe Freedom65 the Indexsecuring 2021 in Conflicting reports exist regarding Bhutan’s approach to political and civil rights. Bhutan improved on and socialprogress economic notable and Index’ Happiness National ‘Gross unique its story for success a as recognition country to observe the third general elections in 2018 also attests to their relative openness. WFP,UNODC, FAO,WHO. UNFPA, and the entities UN like other currently hosts country the UNICEF, and UNDP, 1974 in Bhutan in office its established UN The transparent. and open becoming gradually is Bhutan like country insulated An BHUTAN

https://www.hrw.org/news/2008/02/01/bhutans-ethnic-cleansing accessed 23 April 2021; http://bhutane 2021; 23 April accessed https://www.hrw.org/news/2008/02/01/bhutans-ethnic-cleansing https://freedomhouse.org/country/bhutan/freedom-world/2020 accessed23April2021 https://freedomhouse.org/country/bhutan/freedom-world/2020 accessed22April2021 Ibid; https://rsf.org/en/bhutan accessed23April2021 https://freedomhouse.org/country/ p.6.; (2021), Report Rights Human 2020 Bhutan State, of Department Us https://en.unesco.org/news/bhutan-journalism-without-fear-favour-eastern- accessed22April2021 https://rsf.org/en/bhutan accessed23April2021 https://www.devex.com/news/q-a-is-gross-national-happiness-the-key-to-bhutan-escaping-the-pandem Develop Sustainable and Inclusive to Path A : 2019 January Report, Development ‘Bhutan Bank, World The 22April accessed https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/bhutan/ https://bhutan.un.org/en/about/about-the-un accessed22April2021 serefugees.com/ accessed23April 2021 bhutan/freedom-world/2020 accessed22April2021 https://www.theatlantic.com/international/archive/2021/02/coronavi 2021; April rus-pandemic-bhutan/617976/ accessed22April2021. 23 accessed ic-97743 (2019) ment’ 2021

39 hasswelled owing to itsswift and effective containment of COVID-19. 37 The fact that international observers were allowed into the into allowed were observers international that fact The 43 het, niiain ad eaain asis against lawsuits defamation and intimidation, Threats, th position, as as comparedposition, 67 to 47 44

The Information, Communications The 46 However, absence of adequate th in 2020. in 45

42 Nevertheless, 41 This is the is This 38 40 Bhutan’s - - - - 15 Regional Human Rights Mechanism in South Asia 16 Regional Human Rights Mechanism in South Asia and brutality. and protesters, including students; violence perpetrated by pro-government forces; and police complicity Muslim mainly of deaths with marked were protests The protests. nation-wide continued and mass witnessed country the stateless, India in others and Muslims of thousands render could which Act, discriminatory the of adoption the assembly.toPursuant and quell speech free to policy tacit government’s the of extent the revealed and protests marked 2020 year The academics, andothers critical ofthe government oritspolicies. andit students, journalists, has activists, propagated; defenders, rights it human prosecute and arrest, rhetoric harass, to nationalist continues Hindu the for Dalits and Muslims towards mainly minorities, against discrimination and hatred violence, exacerbated has government (BJP)-led Party human rights pressing by problemsplagued deriving from its rapid development, and historic is inequalities. The current Bharatiya Janata power economic global amajor into transformation India’s violence. healthcare, and land ownership; obstructions in enjoying their own culture and language; and sexual Child the of Rights no chance of repatriation. In 2007, Human Rights Watch reported to the Committee of Convention on No refugee has been welcomed back in Bhutan to date. All but 6,500 refugees remain in Nepal 53 52 51 50 49 48 Jammu andKashmir (J&K)sustained 57shutdowns, thehighest inthecountry. concerns. security national and safety public of pretext the in protests and unrest social suppress it. to attributed 2020 in shutdowns internet global the of cent per 70 with 2020 in shutdowns internet of number highest the led India protests. farmer’s the information on with toolkit online an shared who activist, climate22-year a Ravi, Disha including the UN. organisations rights human from concerns invoking shutdowns internet and arrests, dispersions, and pro- forcefulviolence, excessivepolice with Protestersmetpromoted. were laws anti-agrarian corporateintereststhe the for activists and unions, trade farmers, from protests mass witnessed 56 55 54 INDIA

Access Now, Shattered Dreams andLost p.4 Opportunities(2020), April https://www.aljazeera.com/news/2021/2/15/indian-climate-activists-arrest-causes-outrage 21 accessed https://news.un.org/en/story/2021/02/1084072 accessed 23 April2021 https://www.amnesty.org/en/latest/news/2021/02/india-government-must-stop-crushing-farmers-pro 21April accessed https://www.hrw.org/news/2020/04/09/india-protests-attacks-over-new-citizenship-law https://news.un.org/en/story/2019/12/1053511 accessed 23April2021 https://www.hrw.org/legacy/backgrounder/crd/2007/bhutan1007/ accessed23April2021 Bhutan partyto isa theConvention ontheRights anditstwo oftheChild Optional Protocols. https://kathmandupost.com/national/2019/02/03/nepal-decides-to-resume-talks-with-bhutan-on-refu 2021 tests-and-demonizing-dissenters/ accessed 23April2021 2021 gee-repatriation accessed23April2021 55 50

52 Similarly, following the adoption of three new farm laws in September 2020, India 2020, September in laws farm new three of adoption the following Similarly, 54 49 The government’s intention to muzzle free speech is also evident by the arrest of of discrimination faced by Nepali children in Bhutan while accessing education, accessing while Bhutan in children Nepali by faced discrimination of 56 Blanket shutdowns have been used to prevent, obstruct, or obstruct, prevent, to used been have shutdowns Blanket 51 Citizenship Amendment Citizenship 48 with 53 - - , 63 62 61 60 59 58 57 judicial custody, and62alleged in extrajudicial killings. deaths 1,338 custody, police in deaths 77 reported 2020, Commission Rights October Human National and India’s January between unabated: emerge and accountability custody sans police in killings torture extrajudicial of Cases abuses. rights human serious for even forces, security to prosecution from immunity effective provide to continues Act Powers) (Special Forces Armed The handling ofthepandemic. inept the criticising targetedfor also were India rural in working journalists independent 55 over as 2021. February and 2020 November between charged journalists. of prosecutions criminal and women, especially journalists, and bloggers against directed campaigns hate acerbic media, social on censorship heaving actors, non-state and State from journalists on attacks rising 142 the at The government also clamped down on critics, journalists, and human rights activists. India remained over ashrinkingdigital spaceandawideningoversight powers ofthegovernment. sparked concerns has 2021 Similarly,Information and Rules contravenepolicies. the Technology the situations order’ for national security reasons. and of ‘law coverage media prohibits the police activities, anti-national or fakenews is what decide directive introduced by the J & K police in April 2021. While the government empowers authorities to new a by bolstered been has 2020 June in announced J&K for policy media repressive The activists. This decision was followed by internet shutdown for over a year and detention of political leaders and federal government. the administration of direct the under come would which Ladakh, and Kashmir and Jammu – ‘union-territories’ two into re-organised and Kashmir and Jammu of state erstwhile the to provided status constitutional special revokedthe government Indian the 2019 5, August On orders. legal India, such publish and of aim pursued the Union to proportionate shutdowns all v make now must authorities Bhasin Anuradha in 2020 January in decision Court’s Supreme the to Pursuant

https://www.theguardian.com/global-development/2020/jul/31/india-arrests-50-journalists-in-clampdown- https://www.ifj.org/media-centre/news/detail/category/press-releases/article/india-journalists-target https://rsf.org/en/india accessed23April2021 https://indianexpress.com/article/opinion/columns/new-it-rules-ott-platforms-content-youtube-netflix-ama https://www.aljazeera.com/news/2021/4/8/concerns-as-kashmir-police-ban-live-media-coverage-of-gunbat https://internetfreedom.in/publication-internet-shutdown-orders/ accessed23April2021 23 accessed https://internetfreedom.in/scs-judgement-on-kashmir-communication-is-just-the-beginning/ on-critics-of-covid-19-response accessed23April2021 protestor%20Navreet%20Singh accessed21April2021 ed-for-reporting-farmer-protest.html#:~:text=At%20least%20nine%20journalists%20have,death%20of%20 as-new-it-rules-that-are-supposed-to-regulate-big-tech accessed23April2021 https://scroll.in/article/988448/four-reasons-to-be-worried-about-indi2021; April 23 accessed zon-7222873/ tles accessed23April2021 April 2021 57 Between January and July 2020, several states had failed to proactively publish such orders. nd oiin n h Pes reo Idx 01 Is or efrac i attributed to is poor performance Its 2021. Index Freedom Press the in position 63 61 Over nine journalists covering the farmer’s protests were detained or detained were protestsfarmer’s the covering journalists nine Over 59 Both contain punitive elements for those deemed to 62 A discernible pattern emerges out of this of out emerges pattern discernible A 60 58 - - - - 17 Regional Human Rights Mechanism in South Asia 18 Regional Human Rights Mechanism in South Asia 73 72 71 70 69 68 67 66 65 64 as of expression guaranteed by theInternational Covenant onCiviland freedom Political Rights. commissioners’ the of violation a as judgement Court’s the concluded Committee Rights Human UN the 2020, November in Review;Periodic Universal its in county the in independence weakening judicial for Court Supreme the alleging for Court Supreme the by initiated It is worth recalling that in 2014, the Maldivian Human Rights Commission was subjected to proceedings emblematic ofthe extent ofimpunityanddeteriorating situation ofrule lawinthe country. with the laggardness in the Presidential Commission of Death and Disappearance’s investigations are landscape in the Maldives. Persistent delays and irregularities in the country’s criminal court coupled 2017 in Rasheed Yameen defender rights human 2014 in disappearance forcedRilwan’s Ahmed journalist of Cases Asia. South in unrestricted most second the media its making 2020, in 79 to compared as 2021 Index Freedom Press World the in 72 ranks Maldives thus, faces astronomical challenges ahead. and gangs criminal and groups Islamist by society civil and defenders, rights human journalists, on 2020. September effective the Maldives Journalist Association successfully revived itself and elected a new executive committee Anti-Defamation and Freedomdraconian of Expression Actthe was repealed in 2019. media, free for hopes renewed Amidst rule. authoritarian standing long by eroded In 2018, President took office Convention ontheElimination ofAll FormsofDiscrimination Against Women(CEDAW) committee. UN the to report its following media social on campaign smear debilitating a intodragged been has dissolution by the government in 2019 its in culminating extremists by campaign smear prolonged a to subjected was organisation, based a rights- Democracy Network, Maldivian the 2016, Since offline. and online expressionprevailsboth THE MALDIVES

Human Rights Committee, Views adopted by the Committee under article 5 (4) of the Optional Protocol, con Protocol, Optional of the 5(4) article under Committee the by adopted Views Committee, Rights Human https://www.forum-asia.org/?p=34612 accessed 26April2021 20 April https://www.frontlinedefenders.org/en/case/hrd-and-blogger-yameen-rasheed-murdered, accessed https://www.reuters.com/article/us-maldives-rights-journalist-idUSKCN1VN0EA, accessed 20 April2021 https://www.civicus.org/index.php/es/component/content/article/132-media-resources/news/united-na https://thediplomat. 2021; 20 April https://www.himalmag.com/a-test-for-maldivian-democracy/, accessed https://rsf.org/en/maldives, accessed20April2021 https://www.ifj.org/media-centre/news/detail/category/press-releases/article/maldives-maldives-journal https://maldivesindependent.com/politics/anti-defamation-law-repealed-142649, accessed20April2021 https://presidency.gov.mv/PO/President/156, accessed20 April2021 cerning communication No.3248/2018,21 2021,paraFebruary 8.10 2021 tivists, accessed20April2021 https://www.hrw.org/news/2020/06/25/maldives-extremist-groups-threaten-rights-ac2021; ac April 20 cessed tions/geneva/4979-the-maldives-adoption-of-universal-periodic-review-on-human-rights?Itemid=1523 com/2020/06/the-dangers-of-dog-whistling-to-extremists-in-the-maldives/, accessed20April2021 ist-representative-association-revived.html, accessed20April2021 66 This committee was formed against the backdrop of continuing attacks continuing of backdrop the against formed was committee This 68 ; since June 2020, Uthema, a key women’s rights organisation, 71 are painfulreminders the dangerous of media 67 Notwithstanding, attrition against freedom of freedom against attrition Notwithstanding, 64 and vowed and torestore thefundamentalrights 70 and the murder and and blogger of 73 65 In the peak of the pandemic, 72

69 - - - - -

81 80 79 78 77 76 75 74 verdicts Court’s Supreme the despite amended been not has and killings, extrajudicial and torture including complaints. Enforced Disappeared on Persons (CIEDP). Six years since its inception, they have of Investigation failed to address any of the 66,000 registered theCommission Truth and and the - (TRC) bodies Commission justice Reconciliation transitional two the of state the in mirrored is phenomenon This period asevidenced by theblatant failure to investigate, prosecute, and redress theviolations. post-war the in committed crimes to extends war the during committed crimes accountabilityfor of lack This forces. and Maoist State from violations rights human gross suffered who victims conflict to justice to provide failed collectively have 2015 Nepal of Constitution incumbent the and 2007 of Peace Accord that ended the Comprehensive decade-long armed The instability. conflict and in November turmoil 2006, political with chequered been has past recent Nepal’s standard. the governmentof permission prior Male without in protestshaveallowed would which Act PeacefulAssembly of Freedom the to amendmentsrejected Parliament the 2020, In November protests. disperse and protesters to arrest justifications as Act Assembly Peaceful of Freedom the and guidelines Agency Protections Health the of violations cited hasbeenan there 2021, early ongoing crackdown on protests by politicalopposition parties in the Maldives. Since the ground. on to translate failed have proclamations Such human rights and stressed that all post-COVID recovery efforts must have human rights at its center. In February 2021, Maldives Minister for Foreign Affairs reiterated the country’s commitment to uphold NEPAL

https://kathmandupost.com/national/2019/11/26/international-human-rights-groups-criticise-politicisa AdhikariSuman In et.alv. thePrimethe OfficeMinister of Ministers of Council and (26 2015), theSu February 20 accessed https://trialinternational.org/judicial-body/commission-on-inquiry-into-disappearances-nepal/, https://www.hrw.org/report/2020/11/20/no-law-no-justice-no-state-victims/culture-impunity-post-con https://peacemaker.un.org/nepal-comprehensiveagreement2006, accessed20April2021 https://en.sun.mv/64133, accessed20April2021 https://monitor.civicus.org/updates/2021/03/22/despite-un-review-maldives-authorities-crack-down-pro 26 accessed https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=26775&LangID=E tion-in-the-transitional-justice-process accessed26April2021 of transitional justice. order, in April 2020, the Court upheld its ruling and reiterated that the current TRC Act 2014 violates principles in line with prevailing international law. Following a petition filed by the government request for a review ofits preme Court issued an order of mandamus and a certiorari asking the government to amend the TRC Act 2014 April 2021 download, accessed20April2021 https://www.justice.gov/eoir/page/file/1339191/ 2021; 20 April accessed ture-impunity-post-conflict-nepal, https://reliefweb.int/report/nepal/no-law-no-justice-no-state-victims-cul 2021; April 20 flict-nepal,accessed tests-and-target-media/, accessed20April2021 April 2021 80 andrepeated calls by national andinternational rights bodies. 79 The extant TRC Act 2014 allows amnesty for many egregious human rights violations, rights human egregious many for amnesty allows 2014 Act TRC extant The 76 - in line with international human rights law and 81 77 the Interim Constitution 75 Thegovernment has 78

74 - - - - -

19 Regional Human Rights Mechanism in South Asia 20 Regional Human Rights Mechanism in South Asia 90 89 88 87 86 85 84 83 82 protest impunityincases ofrape andsexual violence. to gathered masses in women where March Women’s a witnessed Kathmandu 2021, February In boasts ofthelegal protections afforded tojournalists andhumanrights defenders. contrast,In Nepal’s National Report submitted forthe Universal Periodic Review in November 2020 2020. DecemberMinister Prime in by the parliament of the dissolution unconstitutional the against triggered protests mass suppress 2020; Several journalists were arrested for their coverage of the government’sof the pandemic in handling freedom ofexpression. curtail and censorship enhance to government the of intention the reveal to enough is bills such of the parliament in 2020. of house upper the by endorsed and introduced repeatedly were provisions ambiguous and broad containing Bill, Service Special the and Bill, Informational Technology Bill, Media Mass Bill, Council 106 rank to spots six climb to managed Nepal but shrink to continues space civic digital and physical the Concurrently, civil from criticism society eliciting 2021 February in Commission the to appointed were commissioners writing. of time at action any taken not had but government the andprosecutions, investigations warrants evidence the that and extrajudicial concluded Investigators disappearance, killings. enforced torture, including violations rights human and crimes people, mostly police officials, 286 military personnel, naming and data, former of Maoist years insurgents, 20 as published suspects in Commission serious Rights Human National the 2020, October In

https://kathmandupost.com/visual-stories/2021/02/12/women-s-march-in-kathmandu-to-demand-an-end- Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights https://monitor.civicus.org/updates/2021/02/05/protests-disrupted-police-met-excessive-force-nepal-un-re https://cpj.org/2020/05/nepali-reporters-detained-threatened-while-reporti/ accessed26April 2021 https://kathmandupost.com/national/2020/05/20/upper-house-endorses-bill-on-special-service-allowing- https://rsf.org/en/nepal accessed26April2021 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27026&LangID=E accessed 28 April https://kathmandupost.com/national/2021/02/03/appointees-to-constitutional-bodies-administe https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Inner_20_Years_Book_2077_Final_CTP_NHRC.pdf, iw-t-ihsrcr/ cesd 6 pi 22; https://www.aljazeera.com/news/2021/2/4/rival-commu 2021; nist-faction-strikes-over-nepal-parliament-dissolution accessed26April2021. April 26 accessed views-its-rights-record/ https://kathmandupost.com/nation visions-for-media-sector accessed22April2021 2021; 22 April al/2019/08/10/after-it-and-media-council-bills-government-is-working-on-mass-media-bill-with-harsher-pro accessed https://thehimalayantimes.com/kathmandu/ 2021; na-committee-endorses-media-council-bill April 20 accessed phone-tapping-without-court-order, https://amnestynepal.org/press-statement/en-nepal-hu 2021 2021; 28April man-rights-commissions-integrity-in-jeopardy/ accessed28April2021 accessed red-oath-of-office sion-appointees-should-be-independent-and-competent https://kathmandupost.com/columns/2020/02/01/national-human-rights-commis accessed28April 2021 2021; April 20 accessed 2021. velopment/2021/feb/17/nepalis-protest-ridiculous-ban-women-travelling-abroad-trafficking April 26 accessed https://www.theguardian.com/global-de 2021; April 26 accessed to-violence-against-women-and-impunity Council resolution 16/21* (Nepal), A//HRC/WG.6/37/NPL/1, 3November 2020,p.7-8. 87 83 arrests of journalists and civil society activists continued in 2021 as the government tried to tried government the as 2021 in continued activists society civil and journalists of arrests andUNexperts for violating the Paris Principles. th in the World Press Freedom Index 2021. Index Freedom PressWorld the in 86 While none have been passed as laws at time of the writing, regular tabling 88 The Supreme Court in February 2021 reinstated2021 February in SupremeCourt parliament.The the 90

84 82 85 A new Chairperson along with four with along Chairperson new A Restrictive bills, such as the Media the as such bills, Restrictive 89 ------

98 97 96 95 94 93 92 91 functioning of and the registration impede international humanitarian andhumanrights groups. to policy in Pakistan” INGOs of “Regulation the uses forces. from pro-government online campaigns hate with targeted particularly dissent. to muzzle bid a in laws counterterrorism and sedition of heavy surveillance and those criticizing the government or its policies are brought under the purview government. the of andcritics opponents political and detain harass, to intimidate, continues agency, anti-corruption Movement. Tahafuz Pashtun as such movements political and alliance opposition the from leaders on crackdown its intensified has government The human rights situation. country’s the strengthen to mandated Asia, South hasa in only and first 2008, Pakistan the Rights, Since Human of Ministry killings. and extrajudicial charge without detention disappearances, Pakistani law enforcement agencies are also responsible for human rights violations, including forced undermining the rule of law through harassment of the public, targeted killings, and suicide bombings. the country, throughout active remain militant non-affiliated groups and affiliated Talibanother and deteriorating and instability Pakistani borders, The landscape. political Pakistan’s its of features overriding within the are conditions fought rights human being terror’ on ‘war the of much With constitutionally guaranteed freedoms. powers and the pandemic has served as a tool to further expand on the scope of the powers to quell action. climate urgent protest demanding peaceful a during capital the in activists climate arrestedyoung police the 2021, death threats on social media and the police was uncooperative in lodging their complaints. and rape and abuse verbal with deluged were performers and activists, organisers,Consequently, PAKISTAN

https://tribune.com.pk/story/965678/international-ngos-will-require-govt-consent-to-gather-funds-oper https://cpj.org/2020/09/as-ruling-party-fans-spew-online-abuse--female-journalists-call-for-govern ac https://thediplomat.com/2020/02/sedition-laws-and-their-post-colonial-legacy-in-india-and-pakistan/, https://www.geo.tv/latest/301481-stop-using-dictatorship-era-body-to-harass-intimidate-opponents-hrw- https://www.dawn.com/news/1596186, accessed20April 2021 http://www.mohr.gov.pk/ accessed27April2021 https://thehimalayantimes.com/photo-gallery/in-pictures-youths-hit-the-street-to-declare-climate-emergency https://www.recordnepal.com/wire/features/they-marched-against-the-patriarchy-then-they-re ate-nisar, accessed20April2021 ment-action/ accessed 27 April2021 cessed 20April2021 cessed 27April2021 https://www.hrw.org/world-report/2021/country-chapters/pakistan ac 2021; April 20 accessed slams-nab, accessed 26April2021 LMrqvI accessed1March 2021 ceived-rape-and-death-threats/?fbclid=IwAR29gnZhVpbIg8d4rpbI0fTP1hCgQEMb-WnsftDkrh0RIAyacSR0m 95 ua rgt dfnes lwes ad orait ae eotd o e under be to reported are journalists and lawyers, defenders, rights Human 92 The incumbent government has empowered itself with wide discretionary wide with itself empowered has government incumbent The 93 94 The National Accountability Bureau, Pakistan’s Bureau, Accountability National The 98 96 eae orait hv been have journalists Female 97 The government The 91 In April In ------21 Regional Human Rights Mechanism in South Asia 22 Regional Human Rights Mechanism in South Asia 110 109 108 107 106 105 104 103 102 101 100 99 crimes against humanityremains elusive. army. the by zone no-fire a in shelling to due trapped civilians 100,000 over with scale, massive a on forces government by committed humanity against crimes witnessed year final the conflict, the during violations rights human egregious of accused are sides both While (LTTE). Eelam Tamil of Tigers Liberation separatist the and government Lankan Sri the between Human rights in Sri Lanka remain overshadowed since the end of a two-decade long civil war in 2009, every year. killings honour so-called in killed are women 1,000 roughly that estimate defenders rights Human marriage, and forced conversions – remains a serious forced violence, problem domestic attacks, and murder,acid rape, has including worsened – girls since and the women againstpandemic. Violence which istasked to safeguard minorities’rights. - the government excluded Ahmadis from being part of the new National Commission for Minorities, arbitrary arrest and prosecution. to vulnerable them leaving community, religious Ahmadiyya of members the like minorities, target laws. blasphemyPakistan’s by diminished also is expression of Freedom television channels that hadaired critical programmes. and operators cable blocked agencies regulatory government 2020, in cases several In hand”.“invisible the as to referred are forces security the cases those in and oblique frequently apparatus. State repressive the to owing forces security and grounds militant 2021. Index Freedom Reflecting Pakistan’s 145 retained country the heavily media, restricted SRI LANKA

https://www.hrw.org/news/2009/04/09/sri-lanka-stop-shelling-no-fire-zone, accessed20 April2021 https://www.theguardian.com/world/2009/may/18/tamil-tigers-killed-sri-lanka, accessed20April2021 https://www.hrw.org/news/2019/08/22/pakistan-should-not-again-fail-honor-killing-victim, April 20 accessed https://www.thenews.com.pk/tns/detail/678152-locked-down-and-vulnerable, accessed20April2021 20April accessed https://www.hrw.org/news/2020/05/08/pakistan-ahmadis-kept-minorities-commission, 20 April accessed https://freespeechdebate.com/2019/12/how-pakistans-blasphemy-laws-trigger-violence/, https://www.refworld.org/docid/4d5a7009c.html, accessed 20April2021 20 April https://www.thenews.com.pk/latest/681991-pemra-urged-to-remove-ban-on-24-news-hd, accessed https://www.rferl.org/a/cpj-pakistan-s-military-curbing-press-freedom-using-fear-intimidation/29485269. https://cpj.org/reports/2018/09/acts-of-intimidation-pakistan-journalists-fear-censorship-violence-military/, https://www.dawn.com/news/1615033, accessed20 April 2021 https://rsf.org/en/pakistan accessed 27April2021 2021 2021 2021; https://appg-ahmadiyyamuslim.org.uk/briefings/anti-ahmadi-laws/, accessed20April2021 2021 html accessed 20April2021 108

99 A climate of fear of climate A 105 Discrimination against Ahmadiyya community runs deep and wide 100 continues to impede media coverage of abuses by both both by abuses of coverage media impede to continues 103 106

th position in the Press the World in position 110 104 Accountability for these for Accountability It is frequently used to used frequently is It 101 Media criticism is criticism Media 109 107 102

120 119 118 117 116 115 114 113 112 111 cremation ofall COVID-19 victims,which contradicts theIslamic tradition. virus. the spreading for allegations and businesses Muslim boycott to media social on calls by evidenced as more even people. 250 over killed that militants Islamist by bombings Sunday Easter 2019 the after worsenedLanka Sri in againstMuslims Acrimony that raises free expression andassociation concerns. agencies. 30 which other with along Defense secretariat, of Ministry the organisation under brought is non-governmental organisations, society civil regulates The activities. implement freely to capacity foreign funding received by human rights groups to terrorism, 2019. since escalatedhave journalists, and lawyers as well as defenders, rights and human the Tamils especially victims, conflict of intimidation and Surveillance the parliament. of dissolution and minister; prime the ministers including of dismissal and appointment institutions; related to appointment powersof judges, members new of the Human sweeping Rights Commission and President other independent the gives which 2020 October in amended was Constitution The jurisdiction to prosecute international crimes committed inSriLanka. entrenched system of human rights violations in the country, calling other States to exercise universal deeply deteriorating and the highlighted report her in Rights Human for Commissioner High UN the grave violations. other and war crimes for accountability and justice to pertaining announced it was withdrawing from its previously co-sponsored UN Human Rights Council resolution the country’s investigations and prosecutions of conflict-related violations. InFebruary 2020, Sri Lanka on implications resounding has 2019 November in President as of election The

http://www.jdslanka.org/index.php/news-features/politics-a-current-affairs/978-sri-lankan-muslims-home- https://www.thehindu.com/news/international/muslim-organisations-in-sri-lanka-concerned-over-hate-mon https://www.bbc.com/news/stories-48435902, accessed 20 April2021 https://www.hrw.org/world-report/2021/country-chapters/sri-lanka/, accessed20April2021 https://foreignpolicy.com/2020/07/17/sri-lanka-junta-gotabay-rajapaksa-military/, accessed20April2021 https://apnews.com/article/63c302b2f90a5869859ce499fe0b767f, accessed20April2021 https://www.civicus.org/index.php/media-resources/news/4740-sri-lanka-a-year-after-presidential-elec https://www.icj.org/sri-lanka-newly-adopted-20th-amendment-to-the-constitution-is-blow-to-the-rule-of- https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26695 accessed27April2021 https://www.amnesty.org/en/latest/news/2020/02/sri-lanka-withdrawal-from-un-commitments-requires-ro org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25175, accessed20April2021 and-away-protest-denial-of-burial-rights-in-motherland, accessed 20 April 2021; https://spcommreports.ohchr. accessed20April 2021 gering/article31334589.ece, tions-civic-freedoms-under-increasing-assault, accessed20April2021 law/, accessed20April2021 bust-response-by-human-rights-council/, accessed20 April2021 116 Thegovernment proposeda new law toregulate foreignfor funding Lankan Sri groups 113

119 The fissures have deepened following the government’s guidelines requiring guidelines government’s the following deepened have fissures The 118 The onset of the pandemic fuelled anger towards Muslims towards anger fuelled pandemic the of onset The 117

115 114 restricting civil society organisations’ Authorities have wrongly attributed wrongly have Authorities 112 120

111 ya later, year A - - - 23 Regional Human Rights Mechanism in South Asia 24 Regional Human Rights Mechanism in South Asia and cultural matters, as well asonbroader international affairs. By the early 80s, its ambitions had broadened to include regional cooperation on technological, social 1st SAARC Summit held in Dhaka, Bangladesh. It was initially conceived as a trade bloc in the late 70s. the of end the at CharterSAARC the signed all Nepal, and Bhutan of kings the and India, of Minister On 8December 1985, the presidents ofBangladesh,the Maldives, PakistanLanka, Sri and thePrime 3.1 SAARC Charter Change 2010. of humanitarian crises. The latest addition to the roster is the Convention on Cooperation on Climate times during suffer routinely who Asia South of people poorest the forsafety net a provide will that Bank Food the and people, the by government and democracy to commitment firm a pledges 2011 of commitments to strengthening economic, cultural, and social rights. Also, the Charter on Democracy In the intervening period SAARC has added the ambitious Social Charter 2004, which makes a number the Promotion ofChild Welfare inSouthAsia2002. Trafficking in Women and Children for Prostitution and the Convention onRegional Arrangements for regional other to scope in similar organisations in moreterms of human rights, beginning with the Convention on it Preventing and Combating make would that bodies and agreements of of creation system the towarda steps take to began SAARC however, 2002, in Summit Eleventh the With on development issues,like theTuberculosis Centre. millennium. The SAARC Charter had served as the basis for various campaigns and initiatives focusing W CHAPTER 3 had shied away from adopting specific mechanisms to address these challenges until the new SAARC daunting, are governments and advocates, activists, rights facing challenges the hile Human Rights Conventions SAARC Charters and 124 123 122 121 the CaribbeanCommunity(CARICOM) andthe LeagueofArab States –allhave ahumanrights body. SAARC–i.e. to similar ASEAN, the African Union (AU), the European Union (EU), organisations the Organization of American States allregional (OAS), at present be debated, can efficacy their While regional humanrights mechanismin SouthAsia. a form to be would obligations treaty these to dimension regional a add toway extensive most The Democracy.on Charter the and Charter Social the as charterssuch rights-centric human of form the take it could or welfare, onchild and the onesalready prostitution for children as and women of such trafficking on passed Conventions, regional include could obligations these Complementing principle that regional cooperation shall multilateral“complement” obligations. by the strongly more even multilateral and obligations, with “inconsistent” be not cooperation shall regional that principle Charter’s SAARC the by implied arguably is dimension regional this Adding commitments. rights human their to dimension a regional adding from resulting benefits preclude do not treaties Nations United to these as signatories obligations multilateral nations’ SAARC The Charter, “cooperation shall notbeinconsistent withbilateral andmultilateral obligations.” rights including the rights mentioned above. What is more, as already stated, according to the SAARC human basic the all are which Covenants, two these in stipulated rights the reinforce to obligations Child the of Rights the Convention on the as well prescribedConvention Discriminationthe by All of Elimination of Forms the against on Women responsibilities the with comply to agreed have members eight all that fact the is compelling also Perhaps Rights. Human of Declaration Universal the with along Rights Human of Bill International Rights Cultural and Social Economic, on Covenant ratified or acceded to the International Covenant on Civil and Political Rights bilateral and multilateral obligations.” All SAARC members, with the exception of Bhutan, have signed, cooperation but shall complement them”, multilateral and and bilateral that for “[SAARC]a substitute cooperation be shall not not shall be cooperation inconsistent “[SAARC] that with II Article in states Charter SAARC the Charter.Nevertheless, SAARC the by guaranteed explicitly not are rights These Member States. of the people of South Asia and to improve their quality of life” would confer similar obligations to its welfare “To the promote others. among living, of standard adequate and care adequate education, to health, rights the citizens their for protecting and preserving implies which pledge foundational a potential”, is full their realise to and dignity in live to opportunity the individuals all provide “to aims which objective One commitments. rights human various pathway to a down organisation the lead interpreted to be can and scope, in broad are Charter its in out set as SAARC of objectives The Ibid Adopted on November 20, 1989, by the UN GeneralAssembly UN the by 1989, 20, November on Adopted GeneralAssembly UN the by 1979, 18, December on Adopted GeneralAssembly UN the by 1966, 16, December on Adopted 124 . As such, these seven countries havecountriessevenmultilateral these such, As 122 , two multilateral treaties at the core ofthe core the at treaties multilateral two , 121 , and the International 123 , as ,

25 Regional Human Rights Mechanism in South Asia 26 Regional Human Rights Mechanism in South Asia 125 Indian products. be dominated by India politically and economically, and would essentially turn into a marketplace for inevitably would SAARC like grouping regional a that feared also PakistanPakistan. against unite to PakistanwasattemptingIndia imagined the region to similarly in countries other group together the issuesand bilateral wouldregionalise presentfrontunited a against India’s nations interests,regionalbloc. the within formingmini-regionalbloc a thesmaller all that also and positions security its undermine to SAARC use would Pakistan that worried other.India the by manipulated be would it fearing each with platform regional a into enter to hesitant werePakistan and India both 80s, early the in and Indo-Pakistanirelations, in ingrained been has paranoia of history,element this an Given since affected relations SAARC. inSouthAsiaandthefunctioningof leaving over 10 million refugees from Bangladesh to India. The rivalry between India and Pakistan has Pakistan, defeated and intervened India and Bangladesh of nation independent the itself declared led to UN intervention and a ceasefire. The third war in 1971, started when East Pakistan seceded and Indian-administeredan Kashmirand Kashmir, warbrokeanother 1965 in forbut out five weeks, that administeredPakistan- a into Kashmir dividing Control of Line mediated UN a with ended war The Pakistan entering thestate ofJammuandKashmir. from forces tribal with subcontinent, Indian of the Partition the of aftermath immediate the in was wars major three firstgaining The Empirefromsince 1947. briefBritish period independence in the the during conflict fought already had Pakistan and India 1985, in formed was SAARC time the By founding members ofSAARC belonged to theNon-AlignedMovement. seven All Asia. Southeast and Asia Central in Union Soviet the and States United the by out played would help the smaller nations of South Asia deflect the political pressures of the ‘Great Game’ being President Zia-ur-Rahman of Bangladesh and King Birendra of Nepal advocated the idea of SAARC as it significance. and social political of economic, matters on cooperation regional impact while theformer to continues group, of the the formation shaped significantly factors geopolitical these Both backdrop. the as politics War Cold and conflict India-Pakistan the with concept a as evolved SAARC reflecting the realityofSouthAsian geopolitics. regional cooperation on human rights can be found in caveats entered into the SAARC Charter; caveats Against theWomen, real constraints Still, Child. Convention the the Rights of and on the on effective Elimination of Racial Discrimination, the Convention on the Elimination of All Forms ofDiscrimination onthe Convention the ratified recently having by direction right the in moving is it treaty,although either ratified nor technical grounds signed neither onhas these Bhutan that fact the to rights due block stumbling human the meet would on cooperation regional forward push to attempt An International Covenant on Economic, SocialandCultural Rights. the and Rights, Political and Civil on Covenant International the to related issues on members its of SAARC is the only such regional organisation to not have a human rights body or treaty for cooperation

Iqbal, Muhammad Jamshed, ‘SAARC:Growth,Jamshed, Origin, Potential, Muhammad Iqbal, Achievements’, and HistoryPakistan of Journal & Culture (2006) vol.25/2, at http://nihcr.edu.pk/Latest_English_Journal/SAARC_Jamshed_Iqbal.pdf 125 126 to take the next step asahumanrights arbiter. on subjects of civil and political rights without contravening meaningfully the terms of its Charter, engage and will not be to able impossible it find will organisation regional the Charter, SAARC the of part a is issues contentious of exclusion the and non-interference of principles two the as long as – that its members are willing to cooperate on issues of poverty, child rights and healthcare. However, regional awareness on issues like the environment, narcotics, disabilities and tuberculosis prevention Welfare in South Asia, the establishment of the Food Bank – along with the early attempts to increase ofChild Promotion the for Arrangements on Regional Convention the Prostitution, for Children and inWomen Combating Trafficking and Preventing on Convention the with demonstrated has SAARC their interest to advocate thecivilandpolitical rights oftheirpeople. it in find necessarily not did of then, states, heads seven the of out Four polls. boycotted the parties political major countries’ the which in shams as derided widely elections in Presidentfor running by of legitimacy a position assume to tried who and coups violent off pulling after power to come had who generals military former by led were Bangladesh and Pakistan while monarchs absolute were In addition, among the heads of States signing the SAARC Charter in 1985, those of Nepal and Bhutan were considered far more pressing thancivil,political, socialandcultural rights. in the world, it was far poorer then. The poverty, health and developmental challenges of those times the economic liberalisation of the early 90s, and while South Asia remains one of the poorest regions dire economic states, with severe balance of payment deficits. India did not experience its boom until in were nations Asian South the all formed, was SAARC when 1985 In mind. in nations Asian South objectives The the in SAARC Charter were economic development the and with penned the of needs at theSAARC level whichhasopenedupsomespaceto discussbilateral issues. region. However, despite this constitutional limitation there have been instances of informal dialogue excludedbe deliberations.”fromthe severely This SAARC’s limits of the affectto ability direction the toavoiding commitment the organisation’s contentiousstipulates issues by stating that in its General Provisions that “Bilateral Charter and contentious issues shall the SAARC of X Article Similarly, mutual benefit.” territorial integrity, political independence, non-interference in the internal affairs of other States and the framework of the ASSOCIATION shall be based on respect for the principles of sovereign equality, principle of its non-interference in outlines the internal affairs Charter of other Member States the thus: “Cooperation of within II Article framework. its to central issues contentious of avoidance and non-interference of principles the makes Charter the Charter, SAARC 1985 the by represented as agreement softer a from emerge to cooperation regional meaningful more for possible is it While were non-controversial amongtheSouthAsiancountries. which on matters only focusing issues, political of clear steered and matters security of mention all The result of these misgivings meant that the SAARC Charter, after a series of negotiations, eschewed

SAARC Charter SAARC 126 27 Regional Human Rights Mechanism in South Asia 28 Regional Human Rights Mechanism in South Asia 128 127 Childrenfor Women and in Trafficking Prostitution. and Combating Preventing on Convention the adopted States Member the gap, four-year a after held summit SAARC Kathmandu the at 2002, January In the 90s. in alone trafficked were Bangladesh women 30,000 from estimated that is Malaysia.It to India from East,Middle or tothe toIndia fromthroughfrom Bangladesh topass India, Myanmar toBangladesh – trafficked once could at persons all destination countries, and transitcountries origin, of country a country,faras or away MalaysiaEast.as Middle countriesthe Asian or areSouth source countries or a neighbouring to or a country, within city to village from trafficked are They begging. forced and children are trafficked for forced labour, prostitution, organ removal, forced marriages, illegal adoption Human trafficking is a multi-dimensional problem Southin Asia, taking many forms. Men, women, and 3.2. South Asia,are at over loggerheads Kashmir, thekey dispute intheregion. playersmajor in twoPakistan, the and India as long remoteas remains principles these removing of principles of non-interference in internal affairs and the exclusion of contentious issues. The possibility As such, an authoritative regional human rights body in SAARC would be difficult to achieve given the Lankan Government andTamil Tigers inSriLanka. Sri the both at levelled humanity against crimes and crimes war of allegations the war; civil its after detention and extrajudicial killings by both government forces and Maoist rebels in Nepal during and wracked Balochistan province in Pakistan over1997; enforced5,000 in signed is which disappearances insurgency-absolutein under impunity withdraw its military from the area is in direct infringement of the Chittagong Hill to Tracts and Peace AccordTracts Hill Chittagong the of populations indigenous the to autonomy grant to government plebiscite” impartial and free a of method democratic decided the through be will Pakistan or India to Kashmir and Jammu of state the of accession the of “the question that stated which Pakistan and India for Commission Nations United the of Resolution 1949 GovernmentIndian for over the years60 directin infringement acceptance their of January of 5th the of by people Kashmiri the of self-determination to right andin the of Kashmir suppression India in the India; Northeast Actby Powers Special Forces Armed the of application the atmosphere: politicaltoday’s in do to able be not would it something issues, of types following the in intervene actually investigate and to able be to need would body rights human SAARC mature a future the In contentious issuesintheinternal affairs ofamember State. in interfering require would body rights human regional a by arbitration meaningful where rights Among the major human rights challenges in the region today, several revolve around civil and political

International Organization Migration for &Asian Development Bank, https://digitallibrary. 1949 5, January of Pakistan and India on Commission Nations United the of Resolution Current Status of Implementation in Bangladesh in Implementation of Status Current un.org/record/111955/?ln=en SAARCConvention Preventing Combating on and Trafficking inWomen and Children for Prostitution 128 48 ; allegations of torture, enforced disappearances, arbitrary (October 2009) (October Review of the SAARC Convention and the and ReviewSAARCConvention the of 127 ; the refusal of the Bangladesh the of refusal the ; 130 129 while theSAARC Convention applies to trafficking within borders and trafficking by persons. which applies only to transnational trafficking or trafficking committed by an organised criminal group, Nations United Protocol,Trafficking the than ways other in mandate broader a has thus Convention across just not borders,thattraffickingand can take and different The SAARCor buying. selling, forms, moving, whether a country within occur can trafficking that victim, the of consent the occur withor without can that trafficking recognizes commendably Trafficking on Convention SAARC The consent oftheperson subjected to trafficking”. the or without with considerations other or monetary for a country outside and within prostitution 1.3ofthe Article itseems. as broad as Convention states not that means “‘[t]rafficking’ the selling moving, or buying of women and children for actually this is that means of “trafficking” definition the of trafficking, form” in “any involved those “traffickers” are Convention the to according While or any otherunlawful means.” by the traffickers by deception, threat, coercion, kidnapping, sale, fraudulent marriage, child marriage, and child victims of trafficking for prostitution asthose who are“victimized or forced into prostitution The Convention also recognizes the variety of ways in which trafficking occurs, by defining the women engaged inany form oftrafficking.” purposes.”commercialforpersons “Traffickers” of institutions abuse or agencies “persons, refers to or exploitation the “sexual as is defined “Prostitution” years.” 18 of age the attained not has who Traffickingin and Combating “a person as is defined “Child” definitions. Preventing of a set with forProstitution begins WomenChildren and on SAARC Convention the I of Article a Preamble, After of basichumanrights. children. TheConvention establishes traffickingof children womenand for prostitution asa violation and women to related challenges other many in also but trafficking addressing in factorkey a only is a criminal justice instrument whichaims to improve regional cooperation on law enforcement, not It its kind. of in the regional treaty first fact, trafficking and, human address to Asia first treaty in the termsof in step forward rights. in human a role greater on substantial” taking towards SAARC moving and and trafficking combating “significant a as heralded was it signed, was it When children. Asia and the SAARC Social Charter, form the core of SAARC’s commitment to empowering women and South in Welfare Child of Promotion the Arrangements for Regional on Convention SAARC the with along Trafficking, on Convention The 2007. in Convention the signed 2005, in SAARC joined which The Convention was ratified by all seven countries by 2006 and came into force that year. Afghanistan,

SAARC Convention on Preventing and Combating Trafficking in Women and Children, 2002 andChildren, inWomen Combating Trafficking and Preventing on Convention SAARC FWLD, pdf_files/AdvocacyLeaflet_%20onSAARC.pdf Advocacy Leaflet on SAARC Convention on Preventing Trafficking on Preventing Convention SAARC on Leaflet Advocacy 130 20) at: http://www.fwld.org/ (2002), 129 It was 29 Regional Human Rights Mechanism in South Asia 30 Regional Human Rights Mechanism in South Asia 131 the Still, Convention hasseveral provisions which at thetimeofitspassage East. were progressive. Middle the and Malaysia like region the outside countries destination to goes Asia South from trafficked persons of number significant a as shortcoming major a is This Asia. South of provide for multilateral and inter-regional cooperation on the matter with countries and blocs outside not does and region the within trafficking on Convention focuses SAARC the that is concern of Also trafficking.” of nature dynamic the of light in and soon), adopted be to (law Bangladesh and Pakistan Nepal, as such countries in laws national progressive and comprehensive more the of light in region, the in this matter is“that the Convention needs tobe reinstated toits roleof a standard setting instrument current reality.” the address to amended regard with be to concern The to key need Convention will itself is yet to be revisited. Nevertheless, Wadud believes that “there is a growing consensus that the the Convention thesubject, on laws national comprehensive more by adopting priorities trafficking While several Member States have or are on the verge of addressing this by tackling this shift inanti- picture.” increasing flow of labour migration, exploitation of labour migrants the has slowly come to dominate with the region, the in problem major the been recently until has exploitation sexual commercial of forpurposes trafficking “while J.Wadudof that believes Anita (IOM) Migration for Organisation International servitude, domestic the exploitation. labour, sexual forced and non-commercial of removal the purposes organ illicit adoption, for illicit trafficking to itself apply to able not is Holding “trafficking” as involving only women and children for the sake of prostitution, the Convention to trafficking, human especially ofwomen andchildren.” that contribute factors demand and thesupply alleviating and cooperation to inter-state in relation particularly obligations prevention state mandatory weak relatively its and provisionsConvention key of language non-binding “the as concerns other lists also mechanism.”It an enforcement of lack (4) and approach; rights-based insufficient and emphasis protectionist and (3) moralistic inadequacies; definitional (2) application; of scope limited “(1) as: Convention the of key criticisms its listed Trafficking, on Convention SAARC the of implementation the of review a in Migration, for Organisation International The instruments. contemporary other by since surpassed been has it kind, its of instrument regional first the been have may Convention SAARC the While of trafficking exploitation,or especially conspiracy. stages forms all account into to take fails also Convention the way, a limited in “trafficking” defining from aside addition, In men. of trafficking the ignore to choosing inclusiveness, gender of that occurs in the South Asia region. Secondly, within the same phrase, the Convention displays a lack trafficking with prostitution and isthus unable to extend itself to the myriad other forms of trafficking confuses thefor prostitution”, Convention and children “women asonly victims trafficking defining By definition. this concerns Trafficking on Convention SAARC the of criticism chief the Regardless,

Email interviewwith Email J.Anita Wadud, May2011 26 131 133 132 the MemberStates undertheUnited Nations Convention ontheRights oftheChild. The SAARC Convention on Child Welfare is essentially a regional affirmation of the commitments ofall fulfilling and protecting the rights of the child, taking into account the changing needs of the child.” as that of others; set up appropriate regional arrangements to assist the Member States in facilitating, potential of the South Asian child, with understanding of the rights, duties and responsibilities as well full the of protection and development the in help facilitatetoand diligence, and commitment with together work summits; SAARC successive international conferences and and national other various redeeming the promises made by them to the South Asian child at the World Summit for Children and The purpose of this Convention is stated as being to “unite the States Parties in their determination of 2002.Itwas January of 5th the described by theInternationalon LaborOrganisation asa“milestone” in2005. inKathmandu Summit SAARC the eleventh at Trafficking, on on Convention Convention the with along Asia, Child South Welfare of in the Promotion ArrangementsRegionalthe for penned concurrently members SAARC then-seven the of States of heads The 3.3 recommendations to amendtheConvention: andcivil fine-tuning, and expansion need of of comprehensivelistfairly a review its in includes IOM changes.for pushing is region in the in society isclearly Trafficking on Convention SAARC The for thepurposeoftrafficking.” for the purpose of trafficking and knowingly lets or rents a building or other place or any part thereof who keeps, maintains or manages or knowingly finances or takes part in the financing of a place used person “any include Convention to ought the prosecutable under considered those stipulates that It 9. 8. 7. 6. 5. 4. 3. 2. 1.

SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia, South Child in Welfare of Promotion the for Regional Arrangements on Convention SAARC 2002 andChildren Combating inWomen for and Prostitution,Trafficking Preventing 2002 on Convention SAARC Establish anindependent treaty monitoring mechanism. Encourage State Parties to enact victim compensation laws; and, trafficking victims; all for resources to access and services support State comprehensive of provision the Ensure Ensure voluntary repatriation oftrafficked victims; Ensure that trafficking cases are prosecuted; Ensure victimimmunityfrom criminalliability; Distinguish trafficking from voluntary migration; means andtrafficking exploitation that take placeinthe region; of movement, coercive forms the multiple toacknowledge trafficking of definition the Broaden womenand especially children; all persons, of trafficking the encompass to Convention the Rename Child Welfare inSouthAsia SAARC Convention on Regional Arrangements for the Promotion of the Promotion for Arrangements Regional on Convention SAARC 132 133 31 Regional Human Rights Mechanism in South Asia 32 Regional Human Rights Mechanism in South Asia into hazardous andharmful labour. large reality of South Asia, and so it also specifically stipulates the proscription of the entry of children a as labour child recognises labour. It child of prohibition the require only not does it instance, For The Convention demonstrates a commendably broad understanding of some of its regional priorities. Kashmir orinSriLanka’s CivilWar –thiscould beproblematic. in example for – offenders as considered children againststate the by abuses witnesses also which best interests of the child.” In South Asia, which places high value on traditional family hierarchy, and the of protection the ensure to authority and right the has State the that principle the uphold shall family, and parents the with rests child the of well-being the after looking of responsibility primary document. It does, however, hold as a guiding principle that “State Parties, while recognising that the Unlike the SAARC Convention on Trafficking, the Convention onChild Welfare is afairly uncontroversial security ofthecountry where theoffence hasbeen committed. trial and/or treatment; however, there is a caveat in case the offence is deemed to “imperil” national State.member treatyThe requiresalso repatriated is child that the forcountryorigin her of or to his and disposal, on priority basis”, of legal proceedings involving a child when the child hails from another Another regional arrangement proposed by Article 5.3 is a special arrangement for “speedy completion nutrition” through “masseducation” and “adequate training.” of levels higher attainment and practice, awareness, greater promoting and knowledge enhancing at aimed initiative nutrition Asian South a up to “set 5.5 Article in forth put arrangementis similar A planned annual schedule of SAARC Advanced Training Programmes on Child Rights and Development.” through development resource “human facilitating proposes 5.2 Article sharing. knowledge waysof Programme of National Action a to implement the conditions of the Convention. Its regional toarrangements pursue comprise of various signatories its requires CRC, the like Convention, SAARC The minimum age for employment andmarriage. of births, marriages and deaths, which would help facilitate effective enforcement of national laws on care toexpected mothersdetention;in gender justice and civil equality; and compulsory registration and malnutrition; trafficking, exploitation and abuse; child labour; appropriate juvenile justice; special to diseases preventive attention special with care health education; priorities its law”,as recognises in the UN Convention on the Rights of the Child and other international and national instruments and enshrined rights the of indivisibility the to prejudice “without Convention, SAARC welfare.The child of field the in priorities regional of establishment the in Convention this by regionalised is CRC The these obligations. “appropriateup setto regionalarrangements” later facilitateto outlined better implementationa of is meant Convention the and treaty, add a the under to obligations multilateral their to is dimension regional Convention this of goal The it.” implement to commitment their reiterate therefore, Childasa the of shall, and Rights child the of on the wellbeing and rights the concerning instrument international comprehensive Convention Nations United the consider Parties “State the that noted is it Welfare, Child on Convention SAARC the of 3 Article in outlined Principles Guiding the In the problems ofthehomeless.” addressing of part as Asia South of people the to habitat better a providing “imperative for the 3.5 The Charter also addresses sp including adequateliving, shelter, food, andclothing.” in legislation, executive and administrative provision, in addition toensuring ofadequate standard of education, adequate basic to guaranteed be access should healthcare primary and sanitation, waterand drinking to safeaccess housing, that agree Parties “State 3.4, Article In document. regional this in present are Rights Cultural and Social, Economic, rights on Covenant social International the and in economic outlined the of most rights, political and civil of clear steers Charter Social the the of goal explicit an is States Member all for security food Achieving promote gender equality;promote thewelfare ofchildren andyout society; of levels all at manner balanced a in responsibilities of discharge the and rights of exercise rights and fundamental freedoms for all, in particular the right to human development; of promote protection the effective and observance the for respect universal “Promote to is objectives its of one ChartermakesSocial broadThe commitmenta to upholdin explicitly mentioned intheCharter, whileothers can bese are goals development-oriented more the of Some rights. cultural and social, economic, of range wide a Asia South of citizens the interpretedconferbe upon to could which expansivedocument an ar Conventions two previous the of scope the While dignity andto realise their fullpotential.” in live to opportunity the individuals all provide to and developments cultural and progress social life,improveof toacceleratetoAsia, quality their South welfare of growth,economicpeoples the of the promote to is SAARC of goal “principal the that re-affirms Charter Social the to preamble The children.” of protection and nutrition, and health of promotion development, resource human mobilisation, with targets including “poverty eradication 2004, in Islamabad in Summit 12th the in signed finally was Charter Social The countries. member of the in several sector social the for action of plans national existing already to dimension regional a add to need the of recognition in developed was Charter The brokebeforerelations down. SAARC amb an is Charter Social SAARC The 3.4 SAARC SocialCharter conducive to rights ofthechi against future redundancy by stipulating that “nothing in this convention shall effect provisions more Finally,again labour. strategyprovidingtosoci Convention The aims for unlike the C unlikethe a multi-pronged strategy to rid the region of this problem, and this problem, and extends multi-pronged this a of strategy the region rid to al safetyal child forsuch netsarefamilies mostsourcelikely of who the be to onvention on onvention on onChild Convention Welfare the Trafficking, itself safeguards ld contained innational laws orinternational agreements.” ecifically the plight of the homeless in South Asia, recognising in Article itious document, first envisioned at the 10th Summit in 1998 in Summit 10th the at envisioned first document, itious , population stabilisation, empowerment of women, youth e limited to specific issues, the Social Charter is Charter Social the issues, specific to limited e en asimpliedinthetext. g human rights in South Asia, statingAsia, South thatrightsin human g h; promote socialintegration.” Social Charter. In fact, while fact,Charter. In Social 33 Regional Human Rights Mechanism in South Asia 34 Regional Human Rights Mechanism in South Asia 135 134 Charter ofDemocracy isalsosuggested. the of principles the to adherence oversee to mechanism institutional An governance. of systems to build effective its efforts in decentralisation devolution Statesfocuson and urgestoMember also elected governments displaced in Bhutan and Pakistan in 2008, and Bangladesh in 2009. The Charter when all members of SAARC moment are led rare by democratically a elected at governments, withcome non- democratically has Charter this of drafting State.”The Member a in government elected ofan change unconstitutional any unequivocally “renounce members that mentioning specifically governance, good and democracyfoster to themselves pledge States Member that proposes which document brief a is It 2011. November in Summit SAARC 17th the at adoption for recommended and 2011 February in Committee Standing SAARC the by approved was Democracy of Charter The 3.5 SAARC Charter ofDemocracy and arrangements agreed regional mechanisms.” through reviewed be continuously shall level national the at thereof the enforcement that and reservation without fulfilled and protected respected, be shall implementation. The Charter states: “State Parties agree that the obligations under the Social Charter review to upon agreed be mechanisms regional recommends and provisions, general its to adhere to responsibility its signatories upon confers Charter Social the Nevertheless, Parties. State to up implementation leaving Charter, Social the of implementation oversee to mechanism assigned SAARC is no authority that or is shortcoming One 2009. in report third its producing regard, this in supposed to produce Country Reports on their progress made – India so far has been the The Social Charter is meantmost to be implemented by a National Coordinationproactive Committee. Members are much not concrete orsubstantiveadoption changes have takenits placeinany oftheSouthAsian countries.” since period the “in that scholars SAARC of opinion the is It governments. member of heads the of will political the on depend will progressHowever, tangible future. the in initiatives rights human regional for tool foundational potential a as seen be can Charter Social The values.” to social reference development with respect it makes for their “identity, traditions, forms but of social organisation and and minorities, economic cultural their supporting and addressing traditions” and beliefs, “diversecultures, directly of people recognising not by short falls Charter Social The 7 focusing oneachrespectively. the empowerment of women and children are also given significant weight, with Article 6 and Article promoting mutual understanding and knowledge sharing. As is the case with many SAARC documents, The Charter also states the need for a concerted effort to exchange scholars in the region as a way of populations. their among diseases communicable of outbreak the regarding information any share Article 4 contains five paragraphs on health alone, and crucially requires State Parties to immediately

SAARC Social Charter,Social SAARC2004 Asia Studies, ofSouth Institute Ishtiaq, Ahmed, Prof. 5, 2009), at: http://www.isas.nus.edu.sg/Attachments/ PresentationMaterial/20090305-ProfIshti http://www.isas.nus.edu.sg/Attachments/ at: 2009), aqAhmed_23102009152629.pdf 5, 135 AR: oil hre adHmn Security and Human Charter Social SAARC: 134 (March - to attract. the of fails often agenda rights human some the which will generate political answer and level national the at questions help can They role. a play mechanisms rights human regional where is This implementation ofhuman rights instruments. between the national and international have also contributed to the lacklustre approach to domestic policy priorities are used as justifications for this gap. The physical distance and contextual differences and preferences, and practices know-how, socio-cultural essential of lack a resources, adequate of Alack standards. international and practices rights human national between gap a often is There towards ensuringadequate promotion andprotection ofhuman rights atthe national level. standards at and the international level. States, in turn, rights are constraints expected to follow these norms and human standards and norms setting by institutions and policies rights human of shortage domestic a is there when challenges help address mechanisms rights human International to address theroot ofhumanrights violations. Theyalso tovictims. taken be to measures by,promotion on Governments rights advising human example, for engagein protection provide and home at violations rights human address to norms rights human international apply institutions These level. national the at rights human protect and to promote responsibilities with created – are agencies quasi-judicial and Courts Institutions, Rights Human National to laws, and policies rights human from protection –ranging systems rights Human their community. decision-making processes about issues affecting in their lives both as an individual and as members of participate to able are they so them empower and society, of sections other and communities It is also the obligation of States to take all measures necessary to protect socio-culturally marginalised Equal treatment andrespect for diversity bringdignity, whichiscentral to humanrights. States are required to create anenvironment inwhicheveryone istreated equallyandwithrespect. P Human Rights Mechanism? Why aRegional States being members of the United Nations and party international party Statesto rightsUnitedNations and human membersthe being of standards. human of protection and romotion

rights is an obligation of States. This obligation arises from arises obligation This States. of obligation an is rights

CHAPTER 4 35 Regional Human Rights Mechanism in South Asia 36 Regional Human Rights Mechanism in South Asia as severe violations of people’s rights can lead to conflicts and instability in neighbouring countries. There is a strong incentive for Governments to promote and protect human rights within their region, bridging thegap between international treaty obligations anddomestic laws andpolicies. an additional layer of protection when domestic system fails to address violations adequately, thereby international and replacenational not systems. do They mechanisms providerights Regional human of implementation a regional solution the to ahumanrights problem that triggers regional consequences. in assist to necessary is to facilitate and levels, national standards and the internationally norms at rights mechanism human recognised rights human regional a such, As 138 137 136 On the basis of study and experience, a regional human rights mechanism is found to be necessary to: freedoms worldwide. fundamental and rights human of protection of level the increase to order in take to avenues key the of one is systems regional of strengthening ‘the recommends study the level, international the at those strengthen to potential the have level regional the at systems that Noting counterparts. A study security anddevelopment. Greater protection of human rights within a region can ultimately result in enhanced regional peace,

g) f) e) d) c) b) a) In an observationan In related RISAHRM,to the notesstudy the United the experience of Nationsthe High of Office Asia in the Institutions Rights Human National Regionaland Roleof The Petersen, CaroleJ.Gap? the “Bridging system’,in Rights Human Regional for Standards Minimum “TowardsKillander, Magnus and Heyns Christof oe f einl ua Rgt Mcaim Aalbe nie t https://www.europarl.europa.eu/RegData/etudes/etudes/join/2010/410206/EXPO-DROI_ET(2010)410206_EN.pdf at: online Available Mechanism. Rights Human Regional of Role The Parliament, European one. level Asia-Pacific the towards step important an as mechanisms sub-regional now, just establishment mechanism Asia-Pacificconducive rights the to levelbe of human promotes study the not may governments the of will political of lack and region the of diversity political and cultural the that ing Commissioner for Human Rights (OHCHR) in promoting an Asia-Pacific level human rights mechanism. Conclud Pacific, “Asian-Pacific Law and PolicyJournal13,no.1(20110:174) et al.(Leiden:MartinusNijhoff Publishers, 2010) Looking to the future: Essays on international law in honour of W Michael Reisman, ed. Mahnoush H. Arsanjani 138 and by actingasabrid Promotethroughpromotion protectionsecurity the rights and regional and human peace of level; and, the national at better work them help and institutions national to services advisory Provide Protect peoplefrom humanrights violations whennational mechanisms fail todoso; standards; rights improvementinternational human developmentand of the to inputs Provideregional human rights, andbringthosevoices to theattention ofthe States; vis-à-vis concerns and issues their express to region the of Createplatform peoples a the for children, migration andendemicdiseases; of exploitation sexual trafficking, human terrorism, to connected abuses and violations as borders, cross national that such issues rights Governmentsnational human address Help to humanrights their international of obligations arisingfrom the conventions towhichthey are party to; the implementation in Governments national Assist by the European Parliament found regional systems to be complementary to their universal ge between national realities and international aspirations. 136

137 -

working group into alarger network. the expanding by created was Mechanism Rights Human Asian a South for Initiative Regional the Asia, which later held its first strategy meeting from 19 to 20 July 2012 in New Delhi. At this meeting, South from organisations and personalities eminent with group working a created also workshop was held from 25 to 26 July 2011 again in Kathmandu, which adopted the Kathmandu Statement. The To continue the process, the Second Sub-Regional Workshop on South Asian Human Rights Mechanism mechanism. that South Asia should not remain isolated from the rest of the world in terms of a not having such a by an independent, efficient and effective human regional rights mechanism. There was a strong call addressed be challenges could these that deliberations, concluded serious was After region. it Asian South the of people the by faced justice of challenges and issues rights Nepal, human reviewed Kathmandu,critically in held workshop, The Mechanism. Rights Human Asian South on Workshop 2010, a formal process focused on the regional mechanism was In initiated with the First society. Sub- Regional civil by initiated process long a of culmination the was RISAHRM of establishment The of transformative politics. At the regional level, it worked with relevant initiatives and institutions to connect with the discourse to create astrong national base. national movements, processes, and campaigns both Stateat non-state and party/civil society levels Association for Regional Cooperation Asian (SAARC). South the To achieve of the Charter aim, RISAHRM the collaborated in with expressed diverse aspirations regional and processes national bridge to R Regional Initiative Asia South for HumanRights Mechanism (RISAHRM) Human Rights MechanisminSouthAsia Establishing ARegional Past Advocacy Efforts on apin twrs h etbihet f rgoa hmn ihs ehns i Suh Asia South in mechanism rights human regional a of establishment the towards campaigns ISAHRM was initiated in July 2012. Its aim was to launch and coordinate advocacy and awareness

CHAPTER 5 37 Regional Human Rights Mechanism in South Asia 38 Regional Human Rights Mechanism in South Asia further, andsought thehelpof RISAHRM Task Force andFORUM-ASIA. Rights Commission in Bhutan was also discussed. Parliamentarians present were keen on exploring it Human National a of establishment the of possibility the workshop, two-day the inequality. During of context and the discrimination violence, of in forms various to discussed subjected being was children and women mechanism Asian South rights human regional a of necessity and role The mechanism. rights human regional a of establishment the for Bhutan in campaigns advocacy and consultations facilitate to multi-stakeholder network national a form to agreed was it 2015, August were urged to strengthen them further. At a high-level national workshop held in Thipmu, Bhutan, in institutions national existing with countries the and Principles, Paris the with conformity in soonest the region. SAARC in rights human Member States that do not in institutionalising have national human rightsAsia institutions were urged to establish one in South at the Institutions Rights Human National of importance increasing the recognised participants The Bangladesh. Dhaka, in held was On 18 November 2014, the ‘Regional Consultation: Towards a South Asian Human Rights Mechanism’ Delhi to seektheirsupportintheestablishment ofaregional mechanism. in based States Asian South from Ambassadors and Parliamentarians Rights, Child of Protection for NationalNationalmetthe the Nepal Rightswith India, and Commission Human of India Commission and effective regional human rights mechanism. A delegation with representatives from Afghanistan, independent an of establishment the towards States Asian South other with work to Government Indian on the called participants The 2014. 2 August on India, Delhi, in held consultation national a in participated India across states 20 from individuals and organisations society civil hundred One establishment of a regional mechanism in the official agenda of the 18th SAARC Summit the include in States to Asian Kathmandu. South on called also Declaration delay.further The without Commission LahoreDeclaration, Government the which on calls of Pakistan establishto National Rights a Human the adopted 2014 June 10 9 to Lahore, Pakistan, from in held workshop national the of Participants National Workshops were engaged. who officials the as well as large at people the among both awareness creating in useful were they and ensure their buy-in of the agenda. Although these efforts did not lead to any concrete outcomes, mechanism rights human a regional of need the of officials other GeneralSecretaryand the apprise create in national momentum in favour of it. It sent core committee at least two delegations to the SAARC Secretariat to a national formed and mechanism regional a of propagateidea to the Lanka Sri and and Nepal, India, Bhutan, Bangladesh, workshops national of series a organised RISAHRM operated basedonit. Force adopted a Terms of Reference (ToR) in December 2014 as a guiding document for RISAHRM and to create national opinions and demands in favour of the regional human rights mechanism. The Task diverse with collaborate to national movements, Lanka,campaigns and processes, both at State and Sri non-state party/civil society levels, and Pakistan Nepal, Maldives, India, Bhutan, Bangladesh, RISAHRM formed a Task Force comprising a member each from all SAARC countries, i.e., Afghanistan, Since itsestablishment, RISAHRM hadaccomplished someofthefollowing tasks: Other ActivitiesandStrategies human rights issuesintheSouthAsia. past efforts and the participants reiterated that SAHRM could be a platform to deal with the common the CSOs to discuss about advocacy with government of Nepal on this issue and discussed about the consultation space for providedThis the Asia. South in mechanism rights human regionalfor a need the emphasized and Guest Chief as the consultation the in participated Nepal, of Affairs Foreign of Minister Gyawali, Kumar Mr.Pradeep Nepal. Kathmandu, in held was Mechanism” Rights Human Asian South of establishment the for Consultation Strategy “National the 2020, November 06 On and promotion ofhumanrights andfundamental freedoms andlibertiesinplural societies. of protection lack the and disasters, natural change, poverty, climate migration, trafficking, human discrimination, gender include These countries. Asian South by faced issues the address collectively letter mentioned that a regional human rights mechanism is essential to create a common platform to standing demand for the establishment of a South Asia regional human rights mechanism.. The open reiteratedmembers long- its the and FORUM-ASIA mechanism. rights human regional Asia South of establishment urging the Ministers’of meeting, SAARCCouncil virtual the Ministerseveof of the on On 23 September 2020, FORUM-ASIA and its members submitted an open letter to the SAARC Council resolved to organise apublictribunalonthesituation oftheMaldives. and mechanism regional the of support expressed activists political and media included also which countryeventitself.the an conducive wasin tonot hold it as representatives,society civil Maldivian A similar workshop for the civil society members from the Maldives was organised at the same venue, and influence publicopinionin favour ofa regional mechanism. sensitisation greater for process national a out carry to and (SAHR), Rights Human for Asians South like organisations, rights human regional other network to organisation lead a elected participants where 2015, December in Colombo in workshop Lanka Sri a by followed was workshop Nepal The campaigns. advocacy to implement committee core national a formed also workshop nationally. The campaign the promote to ways explore to Commission Rights Human National the from representatives and organisations, society defenders,academics rights civil human citizens, concernedtogetherbrought workshop The 2015. November in Nepal, Kathmandu, organised in was workshop national similar A • • mechanism; create and in momentum regionalpropagatemechanism national favour the a of of idea the to Lanka Sri and Nepal India, Bhutan, Bangladesh, in were committees formed core National provision ofaSecretariat ofthe Task Force; Terms of Reference (ToR) that lays down mandates and operational procedures, including the A regional Task Force was formed to oversee the campaign at the regional level with a written 39 Regional Human Rights Mechanism in South Asia 40 Regional Human Rights Mechanism in South Asia 139 opportunities are avai where institutions, state as well as organisations society civil with closely works and Asia, South in FORUM-ASIA supp Timeline ofPast Activities Nepal on24-25 Human Rights a SouthAsian Workshop on Sub-Regional Kathmandu, March 2010 Mechanism

• • • People’sDeclaration,– ‘People’sSAARC2014 Democracy, Deepening Asia for South Movements Uniting Social Justice, https://www.forum-asia.org/?p=18092 held in 2010 First 1 collaborative engagement with SAARC. and/or update Asia, in South in enhance and separate website, a establish materials, educational and awarenessdevelop processes national intensify to developed was strategy A region inconformity withinternational humanrights law’, and rights mechanism as an apex body to promote, protect and fulfil all rights for all people of the human participatory and effective an and charter rights human ‘a of establishment the for 2014-Declaration ’People’s SAARC its a widecross- in included and movements people’s of section organisations society of civil initiative regional a – SAARC People’s The their supportto themechanism; dynamics of the region, many State representatives expressed their commitment and assured could not be included in the formal discussions during the SAARC Summit due to geo-political the 18th SAARC Summit in November 2014. Although, the formation of the regional initiative Intensive lobby and advocacy programmes were organised in favour of the mechanism during Declaration, 2010 Kathmandu Outcome: 25-26 July2011, Workshop on a

Human Rights in SouthAsia, Sub-Regional

Kathmandu, Mechanism Second Nepal 2011 2

Statement, 2011 Kathmandu Outcome:

Working Group SAARC Human orted the RISAHRM campaign as part of its human rights promotion and protection Mechanism, Meeting for India, 2012 New Delhi, Rights lable. 2012 3

– Afghanistan,

Consultation National 2014 2014 4 Outcome: 2014 Kabul Declaration, Pakistan, 2014 Consultation –

National 2014 5

2014 Lahore Declaration, Outcome: Consultation – India, 2014 National 2014 6

– Bangladesh, Consultation

National 2014 2014 7 2014 Dhaka Resolution, Outcome: Regional Human Rights Mecha nism inSouth

Kathmandu, Dialogue on Regional Asia in 2017 2017 8

Workshop in

Kathmandu, Nepal, 2018 Strategy Building - 2018 9 Mechanism on SAARC Council establishment 23 September Open letter to Human Rights of SouthAsia of Ministers

urging the 2020 2020 10 on SouthAsian Mechanism on Human Rights 06 November Consultation Kathmandu National Strategy (Virtual) 2020 in 139 2020 11 , the call the ,

140 The purposeoftheregional mechanismwillbeto: should engage withCSOsinorder to beinclusive andto respond to humanrights issueseffectively. includes a robust complaints handling mechanism thaton mandate par protection clear with a internationalhave also standards.must Asia TheSouth mechanism in mechanism rights human regional A and ‘independent’ be to needs ‘impartial’ it and drawback major a is ‘intergovernmental’ its that said is it (AICHR), Rights Human of IntergovernmentalCommission ASEAN of experiences the from Learning not affect itsfunctioning. does geo-politics that ensure to SAARC, of independent be should Asia South in human mechanism rights regional the that imperative is it SAARC, of functioning the in limitations the Considering standards. levelcreating bridge between a rightsand national institutions human and international mechanism T Human Rights Mechanism Prospective SouthAsia

• • • • to promote and protect human rights at the regional level in South Asia. It will work at the regional he regional human rights mechanism envisaged by FORUM-ASIA will be a commission mandated A Decade in Review, Assessing the Performance of the AICHR to Uphold the Protection Mandates, May 2019, May Mandates, Protection the Uphold to AICHR the Performanceof Review,the in DecadeAssessing A FORUM-ASIA. https://www.forum-asia.org/uploads/wp/2019/06/AFreviewdecadeFAR1-1.pdf standards; and rightsimprovement international human developmentand of the to inputs provideregional and priorities,bringthose voices to the attention of States; create rights communicate the to concerns platformregion human of a their peoples the for sexual exploitation ofchildren, migration andendemicdiseases; trafficking, human terrorism, from stemming abuses and violations the to limited not but help national Governments address human rights issues that cross national borders, including arising from theconventions whichthey are party to; assist national Governments in the realisation of their international humanrights obligations 140 .

CHAPTER 6 41 Regional Human Rights Mechanism in South Asia 42 Regional Human Rights Mechanism in South Asia level. South Asia is one of the regions where such a mechanism does not exist. Existing Regional Existing Human Rights Mechanismsintheworldexist. are: not does mechanism a such where regions the of one is Asia South level. already have established regional human North rights mechanisms to and ensure the respect Eastfor human rights Middle at the regional the and Asia Southeast Africa, Americas, the Europe, Experiences from OtherRegions complementary otheglobalhumanrights regime. non-state processes will make it a robust mechanism that can make a difference in the region and be other and society civil with engage to flexibility and resourcesadequate mandate, broad A process. report on the situation of human rights within their countries, similar to the Universal Periodic Review on based conventions international and standards. Itwill over time evolve tobecome a system declarations towhich States should regularly rights human own its have will mechanism regional The closely withcivilsociety andpeople’s movements. Its decisions. its composition willenforce reflect regionalto diversity andneeded multiplicity.powers Its modus operandiall will havehave space to work will It region. the from judges and members qualified most the of consisting independent, be will It level. regional the at rights human protect and promote effectively to mandate broad a with mechanism the create will statute a or treaty A • of humanrights ofthepeoplesregion. contribute to regional peace, security and development through the promotion and protection the Executive CouncilandAssemblyofthe AU overseeing theCommission. and Court; overseeingAUthe Ministers the of of Council the with strongmechanism intoa evolving steadily is system African The reparations. awards also necessary, it When violations. on NGOs and Commission African the States, Member individuals, from communications receives Rights Peoples’ violations and receives inter-state complaints from Member States. The African Court on Human and undertakes studies and makes field visits. It also receives complaints from individuals on human rights Charter, the of provisions interprets Rapporteurs, Special appoints It rights. these of protection the ensures and mandate promotional strong a has Rights Peoples’ and Human on Commission African of the African Charter on Human and Peoples’ Rights (1981) and other international instruments. The Rights of the African Union (AU) complement each Peoples’ other’s and work Human on toward Court guaranteeingAfrican and the Rights enforcementPeoples’ and Human on Commission African The (iii) TheAfrican System the General AssemblyofOAS overseeing enforcement, italsohasastrong protection mandate. States. referredcases With by on it jurisdiction to advisory has Inter-Americanalso and Commission the by it to submitted communications examinesRights Human of Court Inter-American The visits. field and studies undertakes areas, thematic on Rapporteurs Special appoints also It victims. from The Inter-American Declaration. andearlier Commission on Human Rights promotes (1969) human rights in Rights the region and Human receives individual complaints on Convention in rightsenshrined American the and protect promote together (OAS) States American of Organisation the of Rights Human of Court Inter-American the and Rights Human on Commission Inter-American The (ii) Systems inAmerica and define to continued has Court establish standards for theprotection ofhumanrights for theEuropean The Union community. Union. European the of order legal the within concerns rights human and rights fundamental the protecting in important role an plays also Justice of Court The European institutions. judicial and States by it to referred matters on Jurisdiction Advisory has also It mechanism. regional strongest the into evolved has system this decisions, of enforcement overseeing Europe of Council the Ministers in of Council the and mandate protection strong a With violations. on States and individuals of groups individuals, from complaints receives Courton Rights Human TheEuropean (1950). Freedoms) andFundamental Rights Human of Protection the for Convention the (formally (ECHR) Rights Human Convention on European the in enshrined rights the with the European Court of Justice established by the European Union - is the primary body enforcing The European Court of Human Rights – founded within the Council of Europe and not to be mistaken (i) European System 43 Regional Human Rights Mechanism in South Asia 44 Regional Human Rights Mechanism in South Asia and protection ofhumanrights inthe region. promotion for mandate and international control limited the has Committee with Rights par Human Arab on the and not standards is Charter the However, 2008. in force into came and 2004 in on Humans Rights which now forms the foundation of the regional human rights regime was adopted The Arab League started dealing with selected human rights issues in the late 1960s. The Arab Charter Court to upa further guarantee of setting enjoyment ofhumanrights intheregion. the process in is presently States of Arab League The deliberation. after recommendations provide to proceeds and NGOs registered from reports receives also Committee The years. three every Committee the to reports submit States Member adopted. be to measures on them advises and States Member in situation rights human monitors the Committee The (2004). Rights Human Arabon Charterguaranteedrights the the under Stateswith complyMember to with The Arab Human Rights Committee was established in 2009 by the League of Arab States and engages (v) TheSystem intheMiddleEast andNorthAfrica State-appointed andhave onlyfocused onpromotional activities,side-liningits protection mandate. States on human rights and advises them. AICHR has come under strong criticism as its members are from Member information obtains Italso instruments. of international ratification encourages and awarenesspublic conductsprogrammes, It undertakes thematic promotes studies, building capacity on various activities towards the promotion and protection ofhuman rights. ASEAN Charter the in (2007). It also drafted the ASEAN Human Rights Declaration which was adopted in 2012. AICHR takes envisioned the rights of enforcement the oversees (ASEAN) Nations Asian The ASEAN Intergovernmental Commission on Human Rights (AICHR) of the Association of Southeast (iv) Southeast AsianSystem DO HEREBYDO AGREE 8) 1) and SRILANKA; PAKISTANNEPAL, MALDIVES, INDIA, BHUTAN,BANGLADESH, of Government or State of Heads the We, COOPERATION hereinafter referred to as the ASSOCIATION, with the following objectives, principles, institutional andfinancial arrangements: objectives, the following with ASSOCIATION, the as to referred hereinafter COOPERATION 7) 6) 5) 4) 3) 2) Reaffirming noting Recalling contribute to the promotion offriendshipandunderstanding amongtheir peoples; Recognising self-reliance;ASIA would contribute significantly to national and collective Convinced the region; of peoples lifefor the promoting of of welfarenecessary the desirable quality improvingand the and Convinced cultural traditions; for joint action and enhanced cooperation within their respective political and economic systems and Aware which are boundby tiesofhistory and culture; States Member the among cooperation meaningful and relations neighbourly good understanding, mutual fostering by region ASIAN SOUTH the in achieved best are prosperity economic and justice Conscious non-interference and of force in theinternal affairs ofotherStates andpeaceful settlement ofall disputes; non-use independence, national integrity, territorial equality, sovereign of principles the for respect NON-ALIGNMENT,particularly and CHARTER NATIONS UNITED the of principles the Desirous Charter oftheSouth AsianAssociation for of the common problems, interests and aspirations of the peoples of SOUTH ASIA and the need theprogress achieved inregional cooperation; of promoting peace, stability, amity and progress in the region through strict adherence to adherence strict through region the in progress and stability, amity peace, promoting of the DECLARATION signed by their Foreign Ministers in NEW DELHI on August 2, 1983 and 1983 2, August on DELHI NEW in Ministers Foreign their by DECLARATIONsigned the that in an increasingly interdependent world, the objectives of peace, freedom, social freedom, peace, of objectives the world, interdependent increasingly an in that further that economic, social and technical cooperation among the countries of SOUTH of countries the among cooperation technical and social economic, that further mutually beneficial, is ASIA SOUTH of countries the among cooperation regional that theirdetermination to promote such cooperation withinaninstitutional framework; that increased cooperation, contacts and exchanges among the countries of the region will

to establish an organisation to be known as SOUTH ASIAN ASSOCIATION FOR REGIONAL Regional Cooperation A nnex 1

45 Regional Human Rights Mechanism in South Asia 46 Regional Human Rights Mechanism in South Asia 1. COUNCIL OFMINISTERS by theMemberStates. The Heads of State or Government shall meet once a year or more often as and when considered necessary MEETINGS OFTHEHEADS OFSTATE ORGOVERNMENT 3) 2) 1) PRINCIPLES h) g) f) e) d) c) b) a) The objectives ofthe ASSOCIATION shallbe: OBJECTIVES A. Council of Ministers consisting of the Foreign Ministers of the Member States shall be established be shall States Member the Ministers of Foreign the of Ministersconsisting of Council A. butshall Such cooperation shallnotbeinconsistent withbilateralcooperation and multilateral obligations. and multilateral for bilateral a substitute be not shall cooperation Such Cooperation within the framework of the ASSOCIATION shall be based on respect for the principles of c) b) a) complement them. of otherStates andmutual benefit. sovereign equality, territorial integrity, political independence, non -interference internal affairs the in e) d) with thefollowing functions: to cooperate withinternational and regional organisations withsimilaraimsand purposes. and to strengthen cooperation among themselves in international forums on matters of common interests; to strengthen cooperation withotherdeveloping countries; fields; scientific topromote active collaboration assistance mutual and the social,in economic, cultural, technical and to contribute to mutualtrust, understanding andappreciation ofoneanother’s problems; to promote andstrengthen collective self-reliance amongthe countries ofSOUTH ASIA; all individualstheopportunityto live indignityandto realise theirfull potentials; to accelerate economic growth, social progress and cultural development in the region and to provide to promote thewelfare ofthepeoplesSOUTHASIAandto improve theirqualityof life; decision onothermatters of general interest to the ASSOCIATION. establishment ofadditional mechanismundertheASSOCIATION asdeemed necessary; decision onnew areas of cooperation; review oftheprogress ofcooperation underthe ASSOCIATION; formulation ofthepolicies ofthe ASSOCIATION; Article IV Article III Article II Article I h Sadn Cmite a st p cin omtes opiig ebr tts concernedwith States Member implementation ofprojects involving more thantwo butnotallMemberStates. comprising Committees up Action set may Committee Standing The ACTION COMMITTEES 5. 4. 3. 2. 1. TECHNICAL COMMITTEES 3. 2. 1. STANDING COMMITTEE 2. c) b) a) The TechnicalThe when and may, if Committees modalities, and mechanisms inter-alia, the following use in States Member among rotate normally shall Committees Technical the of Chairmanship The The Technical Committees shallsubmitperiodic reports to theStanding Committee. They shallhave thefollowing terms of reference: forthe beresponsible shall States of Member representatives comprising Committees Technical The Standing Committee shall submit periodic reports to the Council of Ministers and make reference The Standing Committee shallmeet asoften asdeemed necessary. The Standing Committee comprising the Foreign Secretaries shallhave the following functions: Ministersof year. Council a The meettwice shall bymay held Council Extraordinarybe the of session considered necessary: alphabetical order every two years. f) e) d) c) b) a) areasof respective their in the programmes cooperation. of monitoring and coordination implementation, tomatters. for itasandwhennecessary decisionsonpolicy e) d) c) b) a) agreement amongtheMemberStates. contact amongst recognised centres ofexcellence inthe region. meetings of experts inspecific fields; agencies; meetings ofheadsnational technical identification of new areasof cooperation basedon appropriate studies. mobilisation of regional and external resources; determination ofinter-sectoral priorities; approval ofprojects andprogrammes, andthemodalitiesoftheir financing; overall monitoring andcoordination ofprogramme of cooperation; determination offinancialimplications ofsectoral programmes; formulation ofprogrammes andpreparation projects; of determination ofthepotential andthe scope of regional cooperation in agreed areas; monitoring ofprogress in implementation. implementation and coordination ofsectoral programmes; formulation of recommendations regarding apportionment of costs; Article VII Article VI Article V 47 Regional Human Rights Mechanism in South Asia 48 Regional Human Rights Mechanism in South Asia There shallbeaSecretariat oftheASSOCIATION. SECRETARIAT Muhammad Zia-ul-Haq KING OFNEPAL Birendra BirBikram ShahDev PRESIDENT OFTHEREBUPLICMALDIVES Maumoon AbdulGayoom PRIME MINISTER OFTHEREPUBLIC OFINDIA KING OFBHUTAN Jigme Singye Wangchuk PRESIDENT OFTHEPEOPLE’S REPUBLICOFBANGLADESH Hussain MuhammadErshad On ThisTheEighth Day OfDecemberTheYear OneThousandNineHundred Eighty Five. IN FAITH WHEREOF GENERAL PROVISIONS FINANCIAL ARRANGEMENTS PRESIDENT OFDEMOCRATIC SOCIALIST REPUBLICOFSRILANKA Junius Richard Jayewardene PRESIDENT OFTHE ISLAMICREPUBLICOFPAKISTAN 2. 1. 3. 2. 1. Bilateral andcontentious issuesshallbe excluded from the deliberations. Decisions at alllevels shallbetaken onthebasisof unanimity. of costsof activities funding for region the within be mobilised cannot resources of financial sufficient case In theapportionment for recommendations make shall Committee Technical Each The contribution of each Member State towards financing of the activities of the ASSOCIATION shall implementing theprogrammes proposed by it. be voluntary. of orby theStanding Committee. approval be the may appropriate sources ASSOCIATION, with from the mobilised financing external We Have Set OurHandsAndSealsHereunto. Article VIII Article IX Article X DONE In DHAKA, BANGLADESH,DHAKA, concerted andcoordinated actionsand strategies for the effective realisation oftheirobjectives. require which issues, social specific addressing for frameworks regional provide Reserve Security Food on Agreement SAARC the and Asia South in Welfare Child of Promotion the for Arrangements Regional for Prostitution, and Children in Women Combating Trafficking and Preventing PsychotropicSubstances, Reiterating and urgency to adopting regional programmes to fullyand effectively realisesocial goals. the Heads of State or Government of SAARC Countries at their Summit meetings have imparted dynamism etc.have contributed immensely to the alleviation enrichment of the social agenda in the region and that several directives of poverty and food, agriculture developments, Sustainable resettlements. human Noting continue to remain ontheagenda of regional cooperation. development resources human and mobilization youth people. elderly the of welfare development, in population activities, and child development and rights along with gender equality, participation ofwomen sanitation, and security, water drinking food safe nutrition, health, as such areas specific that and States Observing where appropriate, for theprinciples ofequity, affirmative actionandpublic interest. provisions, specific with goals, economic and social of realisation progressive the for degrees, varying in provide, frameworks administrative and executive legislative, national their that and growth economic Recalling cooperation for addressing more effectively the economicandsocialneedsofpeople. andphilosophies cultures values, ideas, of regional foundations solid for constitute commonalities these that Statesand the and people the among the interaction have enriched these that and traditions Recognising to provide allindividualstheopportunityto live indignityandto realise theirfullpotential. improve their quality of life, to accelerate economic growth, social progress and cultural development and Re-affirming that high level meetings convened since the inception of SAARC on the subjects of children, women, that all Member States attach high importance to the imperative of social development and development social of imperative the to importance high attach States Member all that that regional cooperation in the social sector has received the focused attention of the Member that the SAARC Charter and the, SAARC Conventions, respectively on Narcotic Drugs and Drugs on Narcotic respectively Conventions, SAARC the, and Charter SAARC the that that the countries of South Asia have been linked by age -old cultural, social and historical and social cultural, -old age by linked been have Asia South of countries the that that the principal goal of SAARC is to promote the welfare of the peoples of South Asia, to Asia, South of peoples the of welfare the promote to is SAARC of goal principal the that Social Charter A nnex 2 49 Regional Human Rights Mechanism in South Asia 50 Regional Human Rights Mechanism in South Asia 2. 1. 3. 2. 1. Charter: this adopt to agree hereby Cooperation Regional for Association Asian South the of States Member The living conditions oftheir beneficiaries. external resources and in enhancing the equity and sustainability of social programmes and the quality of and regional of national, utilization the in efficiency greater ensuring programmes, and policies social of coherent and complementary action indetermining priorities, social improving the structure and content commitments of SAARC Member States in the social sector and provided a practical platform for concerted, Convinced in inKathmandu Summit SAARC 2002directedJanuary that aSAARC SocialCharter beconcluded asearlypossible. the Eleventh that and sector social the in cooperation of aregional dimension of action, plans national beyond develop, to need the TenthSummit re-affirmed at1998, their July in Colombo SAARC Countries, in of orGovernment State of Heads that particular, in Noting, strategies. sustained only by putting in place coordinated surveillance mechanisms and prevention and management Realising States Parties shall establish a people-centered framework for social development to guide their guide to development social for framework people-centered a establish shall Parties States respected, protected shall be Charter Social the under the obligations that agree Parties States balanced and overall an ensure to order in strategy and policy social a maintain shall Parties States areas. common social issues and developing and implementing resultoriented programmes in specific social policy- of policymaking, processes national the implementation and policy-evaluation, complement while providing broad parameters shall and principles for herein addressing made provisions The to meet thischallenge and promote socialdevelopment throughout the region. affected distress.mostare States who human the by those determinedof are Parties immediateneeds to respond to and partnership and cooperation of culture a build to future, the in and work continuously reviewed through agreed be regional arrangements mechanisms. and shall level national the at thereof enforcement the that and reservation without fulfilled and and political contexts ofeachState Party. shall be determined, taking into account the broader national development goals and specific historic programmeand policy social individual of features salient The peoples. their of development social In thelight ofthecommitments madeinthisCharter, States Parties agree to: i. that the health of the population of the countries of the region is closely interlinked closely be is can the region and of countries the of population the of health the that that it was timely to develop a regional instrument which consolidated the multifarious consolidated which instrument a regional develop to timely was it that more effectively; more needs human meet to economies their direct and development of center the at people Place Principles, Goalsand Objectives General Provisions Article II Article II Article I

xvi. xv. xiv. xiii. xii. xi. x. ix. viii. vii. vi. v. iv. iii. ii.

environment accessible; social and physical the making by and individual the of rights of legal the consequences securing by the disability to responds and acknowledges society that and development, social in included are groups and persons vulnerable and marginalized disadvantaged. that Ensure nation; and and set of values directed towards preserving and strengthening the family, community, society duty of sense attendant and intrinsic children in inculcating of context the in viewed be must Affirm that while State, society, community and family have obligations towards children, these responsibilities ofitsmembers includingchildren, youth andthe elderly; development and as such should be strengthened, with attention to the rights, capabilities and Recognize the family as the basic unit of society, and acknowledge that it plays a key role in social and equalityofopportunityfor all; equity through resources to access greater and income of distribution equitable the Promote and among societies; diversity of within Ensuretolerance, in respect non-discrimination pluralismnon-violence,and regional andinternational levels; national, the at solidarity and dignity, justice human social governance, participatory Promote broad-based economic policies; Recognize that the achievement of sustained social development requires sound. equitable and acknowledge theinterdependence ofpublicandprivate spheres of activity; and supportive, mutually become they that so policies social and Integratecultural economic, requires thecollective commitment and cooperation ofthe international community; Recognize that, while social development is a national responsibility, its successful achievement generations, equityamong andprotecting the integrity andsustainable useofthe environment; byensuring generations and future present towards responsibility the Fulfill and private, national and international institutions; public administration in of conduct accountable transparentand of importance the Underline organization andcultural values; developmentrespectsocial economicfull forand with identity, their traditions, social of forms of pursuit their in traditions and beliefs cultures, diverse with people support and Recognize safetyand dignity, creativity; or herpersonal his torealise and needs human basic satisfy to enabled is society of member every whereby communities and people protect and progress Support region; andadopting a coordinated approach to health related issuesininternational fora; in the to professionals curative skills and health other, public each imparting information with to urgent health issues and outbreak of any communicable disease in the region through sharing Recognize the promotion social of health as a promote regional objective and strive youth; to enhance it by and responding children of and strengthen civilsociety; integration interest and welfare the promote equity; promote of society; gender levels at all manner abalanced in responsibilities of discharge the and freedoms for all, in particular the right to development; promote the effective exercise of rights Promote universal respect for and observance and protection of human rights and fundamental 51 Regional Human Rights Mechanism in South Asia 52 Regional Human Rights Mechanism in South Asia 5. 4. 3. 2. 1. gained in their efforts to provide shelter, and exchange expertise for effectively alleviating the problem. part of addressing the problems of the homeless. They agree that each country share the experiences as Asia of South people to the habitat a better providing imperative for the underline Parties States clothing. provisions, in addition to ensuring of adequate standard of living, including adequate waterand shelter, food drinking and safe housing, adequate guaranteed legislation, be administrative in should care health and executive primary sanitation, and basic education, to access that agree Parties States of genetic resources indifferent SAARC countries wouldbemutually beneficial. cataloguing the cooperation that in agree and area this in facilities training of role the of importance the banks. They ofstress exchange maintenancegermplasm genetic conservation and expertise in of the to extended be should cooperation that Parties resolve States purposes, medicinal for as well as developing countries of long-term biotechnology security the importanceof vital food for the Noting of basicneedstheSouthAsian poor. satisfaction Parties re-affirm the towards approach standards nutritional States assured an implementline, to commitment their the poverty below remain the people of number a large that Noting They alsoagree to take appropriate measures to create income-generating activities for the poor. reaffirm that the poor should be empowered and irreversibly linked to the mainstream of development. mobilizedarecreatetothey growth, States economicand metare Parties needs basic providedtheir resource, potential and huge a constitute could Asia’spoor South that Recognising Countries. Asian all South in of poverty alleviation to the be accorded shall priority highest that affirm Parties States xxi. xx. xix. xviii. xvii. mrv ter ces o l rsucs edd o te ul nomn o ter fundamental their of enjoyment full entitlements. freedoms andother the for needed resources all to access and equal partners, their as improve life, and cultural social economic, political, of spheres all in women of participation the ensure and broaden improve, that programmes and policies Strengthen goals andemphasize theneedto facilitate easy accessto this technology; Recognize that information communication technology can help in fulfilling social development utilize theirknowledge, experience and skills; all rights without. discrimination and facilitate the creation of an environment enjoying in which they continue to while lives fulfilling and meaningful lead persons elderly the that Ensure renewed call for international cooperation and partnership; a with it, to approach effective an outline and development, social of universality the Accept sharing theresults equitably; full participation of peoplein the formulation, implementation and evaluation ofdecisions and Empowerment resource. the requires principal its development and of objective important an is capacities own their strengthen to women, particularly people, empoweringRecognize that Poverty Alleviation Poverty Article III 7. 6. 5. 4. 3. 2. 1. 5. 4. 3. 2. 1. States Parties recognize that it is essential to promote increased cross-fertilization of ideas through ofideas cross-fertilization increased promote to essential is it that recognize Parties States cooperative programmes. regional for harnessed be must youth of idealism the stress Parties States States Parties shall find ways and means to provide youth with access to education, create awareness for activities time leisure and opportunities employment adequate provide to agree Parties States through increased people young for opportunities job enhanced to provide agree Parties States States Parties agree that broad-based growth should create productive employment opportunities for strengthened. be should States Member among scholars of exchange of programme concerted a that resolve the They express countries. SAARC the in academics and scholars students, among interaction greater from onecountry would beableto work inothercountries inthesocial fieldsshallbe revitalized. volunteers which Organized under country. Programme Volunteers The other’s each of appreciation country through participation in the development programmes and through greater understanding and They further stress the imperative of the resurgence of South Asian consciousness in the youth of each tobacco, alcohol and drugs. of consumption of risks and diseases, sexually-transmitted other and HIV/AIDS planning, family on youth to make themeconomically andsocially productive. investment ineducation and vocational training. all groups ofpeople,includingyoung people. their respective toshare agree They years. - 14 experiences andtechnical expertise to achieve this 6 goal. of ages the between children free all ofproviding to target education the ofattaining the importance re-affirm Parties States development, of Deeply conscious that education is the cutting edge in the struggle against poverty and the promotion drugs and pharmaceutical on standards regional products. at adopting to strive agree also Parties States population. by issues and to make an influenced effort to arrive at a coordinated are stand on issues that relate which to the health of their issues trade and livelihoodinternational agreements and conventions, the States to Parties agree to hold prior consultation related onsuch are issues health that Realising States Parties agree to share such capacity andproducts whensought by any otherState Party. countries, different in exists chemicals other and drugs of manufacture for capacity the that Noting and expertise withother countries inthe region. ondisease knowledge to share willingness SAARC countries their affirm the Parties States treatment, and management prevention, upwithin built been has expertise considerable that Conscious to share information regarding theoutbreak ofany communicable diseaseamongtheir populations. Statesregion,the the Partiesin communicable agree diseases and issues health primary problemsof region. Recognizing that it is not possible to achieve good health in any country without addressing the States Parties re-affirm that they will strive to protect and promote the health of the population inthe Education, Human Resource Development and Youth Mobilization Article IV Article V Health

53 Regional Human Rights Mechanism in South Asia 54 Regional Human Rights Mechanism in South Asia 4. 3. 2. 1. 6. 5. 4. 3. 2. 1. States Parties arc thefirmview of that atthe regional level, institutions, and mechanisms to promote States Parties re-affirm their commitment to effectively implement the SAARC Convention on Combating recognizing education and literacy through women to empower need the affirm also Parties States an men, with terms equal on women to ensure to measures appropriate all take shall Parties States to and opinion public educate to taken be shall measures appropriate all that agree Parties States with human is incompatible women against discrimination that belief their reaffirm Parties States person, dignity andthelife ofthe child. Arrangements for the Promotion of Child Welfare and to combat and suppress all offences against the States Parties shall take necessary actions to implement effectively the SAARC Convention onRegional any aspects ofthechild’s to well-being. prejudicial exploitation and abuse of forms all against child the protect shall Parties States a family environment, inanatmospherein ofhappiness, love and up understanding. grow should personality, her or his of development harmonious and full the for child, The needs special safeguards and care, including appropriate legal protection, before as well as after birth. dependence, mental and physical her or his of reason by child, the that convinced are Parties States development be established. integraladvancementan culturalmainstreamwomenthe as and of of economic,social political, part society.the civil of sections appropriate of cooperation the through including women, of exploitation and women in the Trafficking of Women and Children for Prostitution and to combat and suppress all forms of traffic literacy that gap in thegender currently exists in the SAARC nations, within a tfime eliminate, -bound period. and eventually to reduce, need the stress particularly They development. social and economic faster for way the paves empowerment such that fact the processes andfor theenjoyment oftheirfundamental freedoms andlegitimate entitlements. enabling environment for their effective participation in the local, regional and national development and that suchoffences must beprohibited through legislative, administrative andjudicial actions. all forms of discrimination and violence against women are offences against human rights and dignity other practices, which are based on discrimination against women. States Parties further declare that direct national aspirations towards the eradication of prejudice and the abolition of customary and all personality andintheircontribution to thesocialandeconomic development oftheir countries. their of development full the to obstacle serious a is country,and the of life cultural and economic social and economic potential and their participation on equal terms with men, in the political, social, rights and dignity and with the welfare of the family and society; that it prevents women realising their Promotion oftheRights and Well-being oftheChild Promotion ofthe status of women Article VII Article VI 1. 11. 10. 9. 8. 7. 6. 5. States Parties underscore the vital importance of enhanced cooperation in the social development social the in cooperation enhanced of importance vital the underscore Parties States regional programmes will contribute to a positive atmosphere for the development of asocially of development content, healthy andsustainable populationregion. inthe the for atmosphere positive a to contribute will programmes regional stakeholder partnership, with enhancement of allocation of requisite resources and well-coordinated through evolved programmes national that agree They Asia. South of people the of well-being and national and regional levels. at the Substances and Psychotropic Drugs Narcotic Convention on SAARC the of implementation the expedite shall Parties States respect, In this substances. of such trafficking and production in illicit of children the use the to prevent and treaties, international relevant drugs and the psychotropic in defined narcotic as use substances of theillicit from children to protect measures, socialand educational administrative, legislative, including measures, all appropriate take shall Parties States including where desirable, provision ofState andotherassistance towards hisorhermaintenance. support, adequate of extend without means those particular care a and to children without family to to required be shall authorities public the and society that and mother her or his separatedfrom be circumstances, exceptional in save not, shall years tender of child a that ensure shall Parties States given thespecialtreatment, education and care required by hisorherparticular condition. be shall child disadvantaged socially physically, or mentally, a emotionally that pledge Parties States displaced andabandonedchildren, andchildren children,orphaned, affected by armed conflict. of street there-habilitation for measures appropriate take shall Parties State conflict law. withthe of childrenin and re-integration the rehabilitation for measures effective take shall Parties States child/early marriage. of elimination and girls of especially youth, and adolescents amongst developmentliteracy, skill and and mortality rates, through the inter-generationalmorbidity life cycle approach, increase education, reduce low birth weight, malnutrition, anemia amongst women and children, infant, child to and steps specific undertake maternal shall Parties States recreation. and education nutrition, appropriate and timely care, childhood early immunization, care, post-natal and attendant) birth trained by delivery (especially natal pre-natal, mother,including its and child the for provided be shall services special the community. and The child shall society be entitled to grow government, and develop in health with from due protection. support To this end, possible all child the to extend to agree Parties States consideration andtheguidingprincipleinallmatters life.involving hisorher in conditions of freedom and dignity. The best interests and welfare of the child shall be the paramount mentally,emotionally, morally, and manner normal healthy and spiritually, a culturally in and socially potential full develop its her to physically, or him enable means, to other by facilities, and law and by States Parties are resolved that the child shall enjoy special protection, and shall be given opportunities Population Stabilisation Article VIII

55 Regional Human Rights Mechanism in South Asia 56 Regional Human Rights Mechanism in South Asia 1. 3. 2. 1. 5. 4. 3. 2. Keeping in view the complementarities between demand reduction activities and supply control and activities reduction demand between complementarities the view in Keeping toenhance systems of legal the strengthening cooperation, for intensive identify Parties States StatesParties through agree that enhanced cooperation regional be information, should of exchange for activities on population Institutions Focal of Network SAARC a up set to agree also Parties States andinfant maternal of reduction health, ensurereproductive to action take shall Parties States where and regulation of self-contentment culture a toinculcate endeavour shall Parties States approach humancentered for provide should policies population that view the of are Parties States The implementation of the Social Charter shall be facilitated by a National Coordination Committee Coordination National a by facilitated be shall Charter Social the of implementation The and rehabilitation shouldbeaddressed by mechanisms. regional de-addiction control, supply reduction, demand of aspects all that programmes, agree StatesParties drugs, andprecursors andtheiressential chemicals. licit of use and production control of enhanced countries; SAARC the enforcement in the capabilities strengthening levels; operational and policy both at meetings frequentstrengthened training; regional deliveries; SDOMD; controlled cooperation; intercountry information; of exchange through trafficking drug counter to measures of developing and obligations, international related other and Convention SAARC the of obligations the meet relevant to structures other and laws of updating the countering moneylaundering; assistance;controlledextradition;legalorganizeddeliveries; mutual conspiraciesand asset crime: criminal forfeiture; investigation; offinancial terms in collaboration the priority consideration of the appropriate mechanisms both at the national and regional levels. national programmesof and common sharing experiences should receive specific which the areas, in facilitating thesharingofinformation, experiencesand resources withinthe region. and supportofhis/her parents. mortality rates as also provision of adequate facilities to enable an infant to enjoy the warmth of love and effectively managed. diligently be carefully, would to disasters vulnerability increased and degradation environmental violence, and insecurity societyand growing unemployment, poverty, increasingin the homelessness, place no have unsustainable population changes, internal would migration resulting in excessive population concentration, patterns production and consumption unsustainable methods, whichdonotaffect thehealthof women. growth of population in each country, through voluntary sustainable family planning and contraceptive inthe stabilization to bring aim should strategies and policies or provincial local national, that affirm they regard, this In wellbeing. and survival human towards aim and development and population to SAARC bodiesshallreview theimplementation oftheSocialCharter at the regional level. Appropriate Secretariat. SAARC the through Parties States between exchanged onsuch be will country. Information mechanism each in bedecided may as mechanism national appropriate any or Drug de-addiction, Rehabilitation and Reintegration Implementation Article IX Article X

Nine Originals,InTheEnglishLanguage, AllTexts BeingEqually Authentic. DONE InISLAMABAD, PAKISTAN, IN FAITH WHEREOF The SocialCharter may beamendedthrough agreement amongallStates Parties. The SocialCharter shall come into force uponthesignature thereof by allStates Parties. 2. PRIME MINISTER OFTHEPEOPLE’S broad-based participatory process. Stakeholder approach shall also he followed in respect of in he followed also implementation and evaluation ofthe programmes under National Plans shall of Action. approach Stakeholder process. participatory broad-based and transparent a through done be shall Charter. This Social the of provisions the operationalise to in order if any, one, existing the modify or action of plan national a formulate shall States Member REPUBLIC OFBANGLADESH THE KINGDOMOFBHUTAN PRIME MINISTER OFTHE Atal Behari Jigmi Yoezer Thinley PRIME MINISTER OF Begum KhaledaZia REPUBLIC OFINDIA

Vajpayee We Have Set OurHandsAndSealsHereunto. PRESIDENT OFTHEDEMOCRATIC SOCIALIST Chandrika Bandaranaike Kumaratunga On This The Fourth Day Of January Of The YearFour,The TwoThousand Of In January Of Day Fourth The This On REPUBLIC OFSRILANKA Entry into force Amendment Article XII Article XI HIS MAJESTY’S GOVERNEMNTHIS MAJESTY’S OFNEPA SLAMIC REPUBLICOFPAKISTAN Mir Zafarullah Khan Maumoon AbdulGayoom PRIME MINISTER OFTHEI PRIME MINISTER OFTHE REPUBLIC OFMALDIVES Surya BahadurThapa PRESIDENT OFTHE

Jamali

57 Regional Human Rights Mechanism in South Asia 58 Regional Human Rights Mechanism in South Asia 1. the Constitution andtheruleof law andthreaten social cohesionand stability inthelong-run. Convinced society; and Aware elimination of extreme poverty, are essential tothe promotion and consolidation ofdemocracy; Reaffirming interdependent andmutuallyreinforcing; Convinced ownership andpromotes stability; Affirming of thepeople,are essential for developing trust andunderstanding between andamong communities; Recognizing Member States; the SAARC of Constitutions respective the in enshrined as and Rights Human theUniversalDeclaration of Reaffirming Further inspired justice; Also inspired as potentials full their realise enshrined intheSAARC Charter; to and dignity, in live to opportunity the with individuals all provide to Inspired A ThisCharter isavailable onwebsite oftheSAARC, http://www.saarc-sec.org/SAARC-Charter-of-Democracy/88/ nnex that tolerance and diversity are critical in creating effective foundations for a pluralistic democratic by the common objectives of all South Asian States to promote the welfare of their peoples, their of welfare the promote to States Asian South all of objectives common the by that broad-based participation of people in institutions and processes of governance creates of governance and processes institutions in people of participation broad-based that that undemocratic and unrepresentative governments weaken national institutions, undermine that economic growth and social development based on justice and equity and democracy are that the pursuit of inclusion, good governance, and poverty alleviation, especially the especially alleviation, poverty and governance, good inclusion, of pursuit the that that inclusive policies, including constitutional protection developed in keeping with the wishes faith in fundamental human rights and in the dignity of the human person as enunciated in enunciated as person human the of dignity the in and rights human fundamental in faith

by the general objectives of all South Asian States to promote peace, freedom and social and freedom peace, promote to States Asian South all of objectives general the by by theirshared commitment to theruleoflaw, libertyandequalrights ofallcitizens; 3 SAARC Charter ofDemocracy 1 consolidating democracyinSouthAsia,hereby commit to: of spirit the in (SAARC), Cooperation Regional for Association Asian South the of States Member The Accordingly, MemberStates undertake to: − − − − − − − − − − − − − − − − −

State; a Member in government elected an of change unconstitutional any unequivocally Renounce Recognise therole ofpolitical partiesand the civilsociety inademocracy; and parties; are States Member which to instruments international other and Charter UN the to Adhere the processes of appointments to the Judiciary as well as the Executive are fair and transparent; that law,ensure of and rule the of primacy and Judiciary the of independence the Guarantee the among the Legislature, Executive as balances andtheJudiciary reflected inthe respective Constitutions; and checks as well as coordination effective through including practices, democratic and reinforce institutions democratic strengthen to Continue Ensure thesupremacy oftheirrespective Constitutions andupholdtheirspirit; Reaffirm the sovereignty ofeach Member State; level, in keeping with the respective constitutional provisions, as safeguards against social injustices and stratification; against as safeguards provisions, constitutional respective the with keeping in level, national the attreatment of equality and access of opportunity,equality of equality Promote decentralisation anddevolution; on due focus endeavors with national in all processes and institutions democratic Strengthen Promote democracy at alllevels oftheGovernment andthesociety at large; governance, good through poverty equitable andparticipatory processes; of alleviation and development sustainable Promote Reinforce thelinkage ofdevelopment anddemocracy; institutional mechanism. an through Charter, this necessary of if fulfillment and decisions these to adherencePromote and work towards therestoration ofdemocracy in keeping withthe SAARC Charter; and people, forces democratic all Encourage legislatures andlocal bodies; participatoryUphold democracy characterised free,by elected credible and and elections, fair Ensure gender mainstreaming ingovernment andsociety; Inculcate democratic values insociety through education and awareness building;

to unite against any unconstitutional change in government in any South Asian country, in South Asia, including elected representatives of the of representatives elected including Asia, South in 59 Regional Human Rights Mechanism in South Asia 60 Regional Human Rights Mechanism in South Asia prosecution andpunishment by providing for their extradition or prosecution, and tothisend, HAVE RESOLVED integrity ofstates; goodrelationsand neighbourly friendship jeopardize which also and could sovereignty the and territorial AWARE acts; such of commission the towards directed territory its within activities organized in acquiescing or state refrain from organizing, instigating, assisting or participating should in state acts ofcivil each strife that required or terrorist others acts among inanother which (XXV) 2625 Resolution UN in down laid principles political stability, regional and international peace and cooperation, anddevelopment, recognized the importancesocio-economic property,of the and life on impact their deplored and criminal as terrorism of practices and methods acts, all condemned unequivocally region; the from eliminated and prevented be to was terrorism if vital was States SAARC among cooperation that agreed SAARC of Government or ALSO RECALLING the affects security andstability oftheregion; it as terrorism of problem the of seriousness the recognized SAARC the of States Member RECALLING MINDFUL A nnex of the danger posed by the spread of terrorism and its harmful effect on peace, cooperation, peace, on effect harmful its and terrorism of spread the by posed danger the of of theprinciplescooperation enshrined inthe SAARC Charter; that at the Dhaka Summit on December 7-8, 1985, the Heads of State or Government of the of Government Stateor of Heads the 1985, 7-8, December on Summit Dhaka the at that THE MEMBERSTATES OFTHESOUTHASIANASSOCIATION FOR SAARC to take effective measures to ensure that perpetrators of terroristic acts do not escape do not acts terroristic perpetratorsof that ensure to takeeffective measures to 4 the Bangalore Summit Declaration of 17 November 1986, in which the Heads of state of Heads the which in 1986, November 17 of Declaration Summit Bangalore the Suppression ofTerrorism REGIONAL COOPERATION (SAARC) Regional Convention on

3. 2. 1. or asanoffence inspired by political motives: of extradition shall not be regarded as political offence or as an offence connected with apolitical offence offences, according to the law of the Contracting State, shall be regarded as terroristic and following forof the the purpose any constituting conduct extradition, of law the of requirements overall the to Subject HAVE AGREED inspired by political motives. an offence or offence apolitical with connected offence an or offence political a as regarded be not shall which violence, involving offence serious other any include to decide agreement,may,States by f) e) d) c) b) a) Contracting States undertake to include these offences as extraditable offences in anyfuture offences as extraditable offences these toinclude undertake States Contracting Ior Article to in referred any offence that the extent to and Convention this of purpose the For The provisions of all extradition treaties and arrangements applicable between Contracting States are extradition treaty to be concluded between them. between Contracting States, itshallbedeemed to beincludedassuch therein. agreed to in terms of Article II is not listed as an extraditable offence in anyextradition treaty existing Convention. this with incompatible are they that extent the to States Contracting between as amended hereby An attempt or conspiracy to commit an offence described in sub-paragraphs (a) to (e), aiding, aiding, to(e), (a) sub-paragraphs in described offence an commit to conspiracy or attempt An offences and hostage-taking kidnapping, harm, bodily causing assault manslaughter, Murder, concerned are Sates Member SAARC which to any Convention of scope the within offence An An offence within the scope of the Convention on the Prevention and Punishment of Crimes against the against acts Unlawful of Suppression the for Convention the of scope the within offence An An offence within the scope of the Convention for the Suppression of Unlawful Seizure of Aircraft, offences sodescribed. the commission of such an counseling offence or participating as an or accomplice inthe abetting damage to property; serious or persons to injury bodily serious or death involving violence indiscriminate perpetrate to a means as used when substances dangerous and explosives weapons, firearms, to relating parties andwhichobliges theparties to prosecute or grantextradition; 14, 1973; December New on at York signed Agents, Diplomatic ProtectedInternationally including Persons, safety ofCivilAviation, signed at Montreal onSeptember 23, 1971; signed at theHagueonDecember16,1970; For the purpose of extradition between SAARC Member States, any two or more Contracting more or two any States, Member SAARC between extradition of purpose the For as follows: Article III Article II Article I 61 Regional Human Rights Mechanism in South Asia 62 Regional Human Rights Mechanism in South Asia 2. 1. to surrender orreturn thefugitive offender. not being made in good faith or in the interests of justice or for any other reason it is unjust or inexpedient naturetrivial the casethe of by or reasonrequestthe of for surrender the return or fugitivea of offender of requested Statereason the by that appears to it extradite,to obliged if be Contracting not States shall notified tothe requesting State. be immediately shall measures Such prosecution. or extradition of purposes for presence his ensure to extradition Contracting from another State, takeso as appropriate national its laws, measures, to subject for a request receiving upon shall, found, is offender alleged an territory whose in State Contracting A under ArticleIoragreed to in terms ofArticleII. consistent with its national laws, subject to reciprocity, to exercise its jurisdiction in the case of an offence appropriate, deems it as measures such take may State Contracting each IV, Article of purpose the For of any offence ofaseriousnature underthelaw ofthe State. and without delay, to its competent authorities shall take their decisions in the same manner as inexception the without case case the submit person, that extradite not does it if shall, State, Contracting another aextradition from request for received has which and found is II Article of terms in to agreed or I Article to in offence referred an committed having of suspected person a territory whose in State contracting A 5. 4. Contracting States shall cooperate among themselves, to the extent permitted by their national laws, disposal their at evidence all fornecessary the proceedings. of supply the including II, Article of terms in to agree or I Article referred to in the offences of in respect brought proceedings with connection in assistance mutual of measure greatest the another one afford laws, national their to subject shall, States Contracting of atreaty,shall existence on the conditional make extradition not do which States, Contracting a receives a treaty of existence on the conditional extradition makes which State Contracting a If terroristic activities through precautionary measures. prevention to a view with appropriate, be may as measures cooperative other such and and expertise intelligence of information, exchange agencies, appropriate between consultations through between themselves, subjectto thelaw oftherequested State. asrecognizeII extraditable Article agreedoffences of I or inthe terms to set Article in offences forth law oftherequested State. offencesthe set agreedI or Article in forth in to Article of terms II. Extradition besubject tothe shall requestedState may, Convention this option, consider its basisas the as forextradition in of respect treaty, the extradition no has it which with State Contracting another from extradition for request Article VIII Article VII Article VI Article IV Article V Instrument ofRatification withSecretary-General of SAARC. The Convention shall enter into force on the fifteenth day following the date of the deposit of the seventh 2. 1. eight OriginalsintheEnglishlanguage alltexts beingequallyauthentic. DONE have signedthisConvention. IN WITNESS WHEREOF with ArticleX. accordance in force into entered have will Convention this which on date the of States Member inform shall transmit certified copies of suchThe InstrumentsSecretary-General to each Member State. The Ratification. Secretary-General of shall also Instruments of deposits all and Convention this to signatures of The Secretary-General of SAARC shall be the depositary of this Convention and shall notify Member States It shall be subject to ratification. Instruments of ratification shall be deposited withthe deposited be shall of ratification Instruments ratification. to subject be shall It The Convention shall be open for signature by the Member States of SAARC at the SAARC Secretariat Secretary-General of SAARC. in Kathmandu. at Kathmandu on this Fourth Day of November One Thousand Nine Hundred and Eighty Seven in Seven Eighty and Hundred Nine Thousand One November of Day Fourth this on Kathmandu at HUMAYUN RASHEEDCH SHAILENDRA KUMAR Minister for Foreign Affairs and His Majesty’s Government of Minister ofState for External Minister ofForeign Affairs Affairs Republic ofI People’s Republic of K. NATWAR SI Land Reforms Bangladesh Nepal the undersigned, being duly authorized thereto by their respective Governmentsrespective their theretobyauthorized duly being undersigned, the NGH UPADHYAYA OUDHURY Democratic Socialist Republ ndia

HAMEED Minister of Foreign Affairs A. Article XI Article IX Article X C. SHA HUL ic ofSriLanka

Minister ofState for Minister ofForeign Minister ofForeign Islamic Republic of FATHULLA JA Affairs Kingdom of Affairs Republic of DAWA TSE ZAIN NOO Foreign Affairs Maldives Pakistan Bhutan RANI RING MEEL

63 Regional Human Rights Mechanism in South Asia 64 Regional Human Rights Mechanism in South Asia Arrangement (SAPTA)1997; by States could furtheredbe and Lankan examineto Sri the Preferentialproposal establish to SAARC the Trading institutional frameworkan Member measures specific which under on SAARC for liberalisation trade among Cognizant equitably; tradebenefitsof expansion share the regionstep step a approachby manner the that countriessuch a in in through region the tradein liberalisationof the to 1991 December in Colombo in held Summit SAARC Sixth Guided that specificareas beidentified where economic cooperation might be feasibleimmediately; Recalling negligible share inthetotal volume oftheSouthAsiantrade; Bearing in mind intra-regional national developmenteconomies; economicof cooperation the and Convinced and helpsecuringhigherlivingstandards for theirpopulation; economies, by expanding investment and production, thus providing greater opportunities of employment Aware and territorial integrity ofallStates; equality, sovereign independence of principles the for respect full with accommodation, mutual of spirit Motivated Lanka Sri Republic hereinafter of referred “Contractingas States”,to Socialist Democratic the and Pakistan of Republic Islamic the Nepal, of Kingdom the Maldives, of Republic India,the of Republic the Bhutan, of Kingdom People’sBangladesh, the of Republicthe Governmentof The A nnex SAARC that the expansion of trade could act as a powerful stimulus to the development of their national their development of the stimulus to powerful a as act tradecould of expansion the that by the declared commitment of the Heads of State or Government of the Member Countries at the the CountriesMember at the Government of or State of Heads declared the the commitment of by the direction given at the Fourth SAARC Summit meeting held in Islamabad in December 1988 December in Islamabad in held meeting Summit SAARC Fourth the at given direction the of the mandate given by the Sixth SAARC Summit in Colombo to formulate and seek agreementseek formulate and to Colombo in Summit SAARC Sixth the by givenmandate the of of the need to establish need to and promote regionalthe of preferential trading arrangement for strengthening by the commitment to promote regional co-operation for the benefit of their peoples, in a in peoples, their of benefit the for co-operation regional promote to commitment the by 5 the urgent need to promote the intra-regional trade which presently constitutes a constitutes presently which trade intra-regional the promote to need urgent the Preferential Trading Arrangement Agreement on ( SAPTA) Preamble

(11) (10) (9) (8) (7) (6) (5) (4) (3) (2) (1) For thepurposeofthisAgreement: Have region, the economic cooperationin Recognising processed forms. “Products” means all products including manufactures and commoditiesin their raw, semi-processed and significantly distortto trade. restrict imports, or to which is of “Non-tariffs” means any measure, regulation,or practice, other than “tariffs” and “para-tariffs”, theeffect renderedservices are notconsidered aspara-tariff measures. specific to corresponding charges Import products. domestic like on manner same the in levied are which charges, and taxes indirect those not but imports, on solely levied are which ofa tariff-like effect transactions trade on foreign than “tariffs”, other and fees, charges border means “Para-tariffs” the Contracting of national States. tariffschedules the in means customs dutiesincluded “Tariffs” products, buy-back arrangements, state trading operations, and government andpublic procurement. such as long and medium-term contracts containing import and supply States Contracting commitments in of respect trade of specific mutual promoting to conducive measures means measures” trade “Direct in or products end-use closely groupsof relatedin specified productsor production. for measures or cooperative promotion trade as other as well para-tariff barriers and non-tariff tariff, of reduction or removal the regarding States Contracting amongstagreements means basis” “Sectoral for calls which and repair to difficult injury” immediate action. “serious cause to threatening or causing are imports preferential massive where situation exceptional an of emergence the circumstances” means “Critical allegation, hypotheticalor remote conjecture,or possibility. mere on not and facts on based be shall injury serious of threat determinationof A imminent. clearly is domestic producers, “seriouscauseto injury” nature injury,to that such and a yet not existing, although of is preferentialof substantial increase imports a which in situation a means injury” serious of “Threat thatdomesticof industry product. the of state the bearing on indices having a domestic industry concernedthe other evaluationof relevant an shall also include economic factors and on earnings, impact the employment productionexaminationor of short The term. the unsustainablein from a substantial increaseof preferential importsin situations which cause substantiallosses resulting in terms of products similar or like of producers, domestic to damage significant means injury” “Serious (SAARC)this whichhasenteredAgreement. into Cooperation Regional for Association Asian South the of State Member any means State” “Contracting United Nations. the such by country designated “Least means a as Developed Country” agreed asfollows: that a preferential trading arrangement is the first step towards higher levels of trade and of trade levels higher towards step first the is arrangement trading preferential a that Definitions Article -1 65 Regional Human Rights Mechanism in South Asia 66 Regional Human Rights Mechanism in South Asia 2. 1. (d) (c) (b) (a) SAPTA may, inter-alia, consist ofarrangements relating to:- 2. 1. (d) (c) (b) (a) SAPTA shallbegoverned inaccordance withthefollowing principles:- a a combinationthe followingof approaches and procedures:- inwith or accordance any negotiations liberalisation Contracting their for trade Statesconduct may The direct trade measures. non-tariff measures; para-tariffs; tariffs; Contractingframework the States.its by understandingsagreed andprotocolsbe upon within to governed be AgreementSAPTA provisions will this the of by rules,and also regulations,the by decisions, States, through exchangingaccordancethis concessions in with Agreement. Contracting the among cooperation economic the and trade mutual sustain and promote to (SAPTA) present Agreement,By the ContractingPreferential States the SAARC establishthe Trading Arrangement Contracting States agreed negotiateto tariff preferences on a product-by-product initially basis. SAPTA shall include all products, manufactures and commodities in their raw, semi-processed and semi-processed raw, their in processed forms. commodities and manufactures products, all include shall SAPTA preferential agreed their favour measuresin be upon; should concrete and recognised clearly be shall States Contracting Developed Least the of needs special The periodic with stages insuccessive reviews; extended and improved step, by step negotiated be shall SAPTA systems; and policies tariff and trade trade, external their of pattern the development, industrial and economic of account their Contracting respective levels all benefit equitably into States, taking to wayas a such in advantages of mutuality and reciprocity overall of principles the on applied and based be shall SAPTA (c) (b) (a) (d) Sectoral basis; Across-the-board tariff reductions; Product-by-product basis; Direct trade measures. Establishment and Negotiations Components Principles Article - Article -2 Article -5 Article -4 3 Aims (b) (a) 1. for measures adopt appropriate shall of procedures. rules own settlingits such Committee representations. TheCommittee shall The determine the Agreement. of implementation the affecting opportunities for consultationon representationswith by made any respect ContractingState to any matter adequate accord also shall Committee The States equitably. Contracting all Agreement to accrue this from emanating expansion trade of benefits that ensure to Agreement and this of implementation the in made of of representatives Contractingconsisting States, Committee, is hereby established. the as The Committee shall meet to at least once a referred year hereinafter to review Participants, the progress of Committee A Contracting all to States. unconditionally extended be shall Agreement, this of 10 Article of pursuance in States DevelopedContracting SAPTA,under agreedconcessionsLeast to exceptThe the exclusivelymade those to Contracting States are attached as the by to agreed concessions initial The Concessions. of Schedules National the in incorporated be shall States Contracting amongst and exchanged negotiated concessions non-tariff and para-tariff tariff, The 2. 1. 3.

In additionto other provisionsof this Agreement, all Contracting States shall provide, wherever possible, The removal of non-tariffremoval of The barriers, Duty-free access, exclusive tariff preferences deeper tariff or preferences export the products, for following the sub-paragraphs: special and more favourable treatment exclusively Leastto the Developed Contracting Statesas set in out The possible areas for suchtechnicalof assistance SAPTA. I. andcooperation Annex- are listedin benefits potential the of advantage taking in and States Contracting other with trade States for technical assistance andcooperation arrangements expanding their in assist them to designed Contracting requests to Leastfrom States by given ContractingDeveloped considerationbe Special shall trade facilitation mutualbenefit. supportand complementSAPTA andother measures to to of adoption the 4, Article in out set measures the to addition consider,in to agree States Contracting its fuller attainment of SAPTAand the aims. tofurther expanding view a with time to time negotiationsContracting from States into enter shall The Special Treatment for Extension ofNegotiated Concessions Annex -II Committee of Participants Schedules ofConcessions Additional

the . Article -10 Least Developed Contracting States Article -8 Article -7 Article -9 Article -6

Measures 67 Regional Human Rights Mechanism in South Asia 68 Regional Human Rights Mechanism in South Asia 2. 1. within theregion. oftrade improving and the growth accelerating for for developing facilities transit and infrastructure andmeasures transport system, communication steps appropriate undertake to agree States Contracting grant preferencesconcession extended underthoseagreements.SAPTAwhich impairthe in to obliged be multilateral trade agreements,not arrangements. similar Contracting and also States shall The and plurilateral bilateral, through countries third to and Agreement, this of framework the outside States Contracting other to State Contracting any by granted be to or granted preferences already to relation in Notwithstanding measures AgreementArticles provisions 4setin the the this and as 6, of out apply shallnot (g) (f) (e) (d) (c) be referred be the to Committee for review. effected Contracting betweenthe 90 States thedays such matter notification, of may concerned within viewto a is satisfactory with adjustment SAPTA.no If the under negotiated concessions the of stability the preserving forconsultations opportunities adequate State, Contracting upon afford, other shall any this Article from of request 1 to paragraph according action takes which State Contracting Any Contracting Statesthe and Committee. the other notify simultaneously shall action, such initiates which State Contracting the takenplace, has action such When Agreement. the under imported be to permitted merchandise of value and quantity economic serious facing State Contracting problemspayments the including balance of to as difficulties maythe suspend concessions anyprovisionally Agreement, this of provisions the Notwithstanding from otherContracting States. and without discriminationin critical circumstancesby the Least Developed Contracting States on imports provisionally restrictions orother of quantitative continuance and introduction the in Greaterflexibility measures, Special consideration exportsof from Least Developedof application Contracting the safeguard Statesin Contracting States to achieve reasonable levels ofsustainable exports oftheirproducts, Developed assistingto a viewLeast long-termof contractswith negotiations The removal, wherepara-tariff appropriate,The of barriers, Communication, Transport and Transit Balance-of-Payments Measures Non-application Article -12 Article -11 Article -13 2. 1. Developed Contracting States, in which are out set preferential treatmentif they satisfythe rules of origin, including special rulesof origin,in respectof the Least be eligible shall for Products Nationalcontained Concessions Schedules of the annexed Agreement in this to out inother Articles of this Agreement. the by nullified, or as spelt diminished provisions the Contracting under States be except the by measures restricting trade any of not application shall Agreement this under upon agreed concessions the of Any disapprovenot Committee does obligation(s) the which other or of. by such action shallthe right have to withdrawparties the affected equivalent concession(s) days, 60 within to settlethe issue amicably. Shouldthe consultations inthe Committee of Participants fail to resolve the issue of receipt the of days try and the situation 30 to review within days 90 of Participants shallmeet Committee the notification, original within issue the resolve to States Contracting the of failure the of event the In mutually to reach and endeavour State acceptable agreement situation. Contracting remedy the to concerned the with consultations into enter shall initiates such action otherthe shall simultaneously Contracting notify State(s) concerned the Committee and which State Contracting the taken place has action such When Agreement. accordedconcession the under the discrimination, without provisionally suspend circumstances, critical in except consultations, prior with concernedState Contracting importing Contractingthe importing may,State, the in injury serious cause, to is Agreement, this under preference a imported into to the territory respect of a Contractingwith State concessionin sucha a manneror inof such quantities subject as a to cause or is threaten which product, any If States that have a principal or substantial supplying interest as may be determined by the Committee. Contracting States with which such concession was initially negotiated and with any other Contracting negotiations, with a view to reaching agreement on any necessary and appropriate compensation, with Contracting intending withdrawState a The to modify concession or shall enterconsultationinto and/or schedule. appropriate its in included concession or withdraw any to modify intention its of Committee the notify extended, was concession the day the from years three of a period may, after State Contracting Any Modification andWithdrawal ofConcessions Maintenance oftheValue ofConcessions Safeguard Measures Rules ofOrigin Article -17 Article -15 Article -14 Article -16 Annex - III Annex- . 69 Regional Human Rights Mechanism in South Asia 70 Regional Human Rights Mechanism in South Asia 3. 2. 1. 2. 1. concerned. Committee, and upon request, Contracting consultwith States that have a substantialthe product interest in has ceased to a be Contracting Agreement.this in State A ContractingState taking such action shall the notify which State a with negotiated initially was it determinesthat it which respect of in concessions of schedule its in item any part in or whole in withdraw to or withhold to free be time any at shall State Contracting A 3. appropriate rules for this purpose. appropriate rules for this days 120 thereon fromdate disputewithin which Committeethe wasthe on The shall submitted adopt it. to a recommendation and make matter the review shall Committee The dispute. the to party a by Committee agreement Inbetween the eventthe partiesof concerned. failureto settle a dispute,it maybe by referredsettled amicably to the be shall framework its within adopted instrument any Agreement or this of provisions Contracting dispute States that mayarise amongthe Any regardingthe interpretation of the andapplication the Committee of the action it hasit action the of Committee the taken. That Contracting shallState Secretariat, simultaneously SAARC Agreement.depositary informthe this of which written on the withdrawal notice is monthseffectiveday the by thereof received six from shall be Such force. into entry its after time any Agreementat this from withdraw may State Contracting Any under paragraph 1 above. any of matter through been such a find possiblesatisfactoryto consultationsolution not hasfor it which in respectCommittee Contracting may,a any Contracting State State,with The of request consult the at respect anyto matter affectingthisthe operation of Agreement. with State Contracting another by made be may as representations such regarding consultations for opportunity shall adequate accordafford to and shall sympathetic consideration State Contracting Each the to withdrawalnotified shallbe Committee. or modification such Any schedules. appropriate their in concessions equivalent modify or withdraw may Committee the by determined as affected States Contracting the concessions, such of withdrawal or itsmodification with of proceed State months Contracting notifying the six should and notification within of receipt concerned the States Contracting the between reached be agreement no Should action subsequentto withdrawal. Followingwithdrawal the anyby 30Contracting days State,within Committee to the consider meet shall that effective of apply as to date. Agreement cease shall this withdrawn from has which State Contracting a of obligations and rights The Withholding orWithdrawal ofConcessions Withdrawal from Settlement of Consultations Article -19 Article -18 Article -21 Article -20

Disputes SAPTA Done Preferential SAARC Arrangement.Trading the Agreement on this havesigned WITNESSIN WHEREOF certified copy thereof toeachContracting State. a furnish promptly shall who SAARC of General Secretary- the with deposited be shall Agreement This effective upon acceptance Contractingall by States. become shall amendments All Agreement. this to amendments through modified be Agreementmay This Contractingall regardingStates. by formalities the completionof This Agreement shall enter into force on the thirtieth day afterthe notification issuedSAARCby the Secretariat \ DINESH A.S.M. in eight originalsintheEnglishlanguage. notification tothe SAARC Secretariat ofthe completion of formalities. of time at the admitted be reservations shall nor reservations with signed be not may Agreement This at at His Majesty’s His Government Nepal of People’s Republic Bangladesh of DHAKA Minister of MinisterExternal of Affairs Minister of MinisterForeign of Affairs State Minister State Finance of MAHESH ACHARYA

MOSTAFIZUR this ELEVENTH day of

SINGH FATHULLA the undersigned being duly authorized thereto by their respective Governments respective their by thereto authorized duly being undersigned the

RAHMAN DAWA Democratic Socialist Republic ofSriLanka APRIL

Minister ofForeign Affairs. One HAROLD HERAT Entry into Amendments Reservations Depositary Article -25 Article -24 Article -23 Article -22 Thousand Force Nine MOHAMMAD SIDDIQUEKHAN Minister of State for ForeignState Minister of Affairs Hundred Ninety Three Islamic Republic of Islamic Republic of Pakistan Minister of Foreign Minister of Affairs Minister of Foreign Minister of Affairs Kingdom of KingdomBhutan of

TSERING

JAMEEL

KANJU 71 Regional Human Rights Mechanism in South Asia 72 Regional Human Rights Mechanism in South Asia (published separately. Canalsobeaccessedat Secretariat’s website Annex -II (f) (e) (d) (c) (b) (a) Annex -I ADDITIONAL MEASURES INFAVOUR OFLEAST DEVELOPED CONTRACTING STATES the provision of special facilities provision and respect of ratesin the to shipping. expansion of the lead to to trade; Contracting States (both public and private)toa promoting ventures view in projectsjoint with designed bringing together enterprisesof other in Contracting States projectwith sponsors Leastthe in Developed Least markets; Developed Contractingown their Statesinto access market to information) institutional andby and other positive measures to facilitate importsfrom by States Contracting Developed Least facilities enabling these (forcountriesshare respect with existing to to example, export credit insurance, of products of marketing export to support of provision the benefits from SAPTA; their maximising in and exports their expanding in States Contracting Developed Least assist to trade of field the in facilities training of establishment the and policies promotion export of formulation the tomeet States Contracting Least Developed in co-operative intra-regional arrangements;under demand facilities and other manufacturing of up setting the buy-backand financing arrangements; exports of Least of Developed Contracting expansion Statesthe to other Contracting for States, base possibly linked production to co-operative the provide could which States Contracting Developed Least of identification, preparation ofindustrialtheThe and and territories agricultural establishment in projects NATIONAL SCHEDULES OF CONCESSIONS http://www.saarc-sec.org )

RULE 3:Notwhollyproduced orobtained wholly as exporting produced obtained the or Contractingin State: RULE conform directly consigned SAPTAthe of RULE 1: (as amendedby Twenty-first Sessionof SAARC CouncilofMinisters, Nuwara Eliya, SriLanka, 18-19 March

2: (g) (f) (e) (d) (c) (b) (a) (b) (a) (i) (j) (i) (h) (i) (c) (b) (a)

Originating products Wholly to the products processed and/or made on boards its factoryships productsprocessedboardsits on and/or made vessels; its sea fishingandothermarineproducts by products highseas taken of fromthe fishing conductedor huntingproducts obtained by there; products obtained from animalsreferredparagraph in to (c) above; animals bornandraised there; agricultural products harvested there; raw mineralor productswaterseabeds: extractedits its or soil, from its said 4. products are Rule or 3 eligible under Rule the that provided State, Contracting exporting the in obtained or produced wholly not Products or Rule 2; in defined as exporting ContractingState the obtainedProducts in whollyproduced or above. to paragraph(a) in referredto products the fromexclusively there produced goods waste andscrap resulting from manufacturing operations conducted there; used articles collectedonly there, fit the for recoveryof raw materials; paragraph (f) in above; to or c.i.f. importationof ofThe materials or parts be time produce can proven: wherevaluethis the at non-originating materials, or parts the value of The produce shallbe: agreements Sectoral shall State eligible be for preferential concessions subject provisions 3(c)the to Rule andof Rule4. and the final processof manufactureis performedthe territorywithin of the exporting Contracting obtained productsproducedor f.o.b.the valuethe of of cent per exceed 60 not does used origin value of the materials, parts or produce originating from non-Contracting Statestotal or the which of of result undetermined a processed as or productsworked 1(b), on Rule of meaning the Within imported origin requirement underany produced within the within into the or

obtained - meaning Products 6 territory

of Rule 5 Rule of - Within the meaning of Rule 1 (a) the following shall be considered be followingshall the (a) 1 Rule of meaning the Within - covered of a RULES OFORIGIN one ofthe Contracting 2 by by hereof, 1999) preferential following conditions: shall State be trading from another Contracting another from eligible for 4/5 arrangements exclusively fromproducts referred preferential 1 within the within concessions State framework Annex -III which are which 3/ if they they 73 Regional Human Rights Mechanism in South Asia 74 Regional Human Rights Mechanism in South Asia than 40percent. for Rule 3, the percentage would not exceed 70 per cent, and for Rule 4, the percentage would not be less Thus, 4. and 3 Rules percentagein establishedthe to applied percentagefavourablepoints 10 a allowed percentagecriteria Special 10: RULE be agreedasmay upon. suchmodifications Contractingto open Statesbe may and RULE 9: Review RULE 8: 15 and Annex.16 ofthis Certificationthe pages on Proceduresin appearing Contractingaccordance other with States the to notified Origin of 7: CertificateRULE of Origin legislation so required. contains.productit the However,with forming whole a maytreatedpacking be separately nationalthe if RULE 6: Treatment of packing importingContractingthe State: to ContractingState consignment Direct : 5 RULE the aggregate that its percent 50 of f.o.b. lessthan value not is Contracting provided State the of territory the content place in originating taken has product finished the of processing or working where State Contracting the of territory the in product originating a as considered be shall ContractingState another by preferential for eligible product finished a treatment for input as State Contracting a by used are which and origin of Cumulative rules 4: RULE (b) (a) (b) (a) (ii) 8 sud y n uhrt dsgae b te oeneto te xotn Cnrcig tt and State Contracting exporting the of government the by designated authority an by issued (iii) (ii) (i) States with or without transhipment or temporarywithout transhipment storagesuch countries, or or provided in Statesthat: with products whose transport the involvesmore intermediate or transit throughnon-Contracting one productsthe if are transported without passing through territorythe anyof non-Contracting State: Contracting States will do their best to co-operate in order to specify origin of inputs inthe inputs of origin specify to Certificateoforder Origin. in to co-operate best their do will States Contracting have economic andcommercialdoes not relations. which it with States from originating inputs any containing products of importation prohibit may State conformity with ArticleIn 15 of the Agreement on SAPTA and national legislations, any Contracting processing or takes working wherethe Contracting State the place. territory of the earliest The ascertainable price paid for materials,the prices produceor undeterminedof origin in any operation good requiredin to keep them condition. or reloading and unloading than other undergone there operation any not haveproducts the consumption there; trade entered or products have into not the and transport requirements; considerationsby relatedjustified to for geographical exclusively or is transitentry reason the - These Rules may be reviewed as and when necessary upon request of one-third of the the of one-third of request upon necessary when and as reviewed be may Rules These - - - Products eligible for preferential concessions shallbe supportedbya Certificate - The following shall be considered as directly consigned from the exporting the from consigned directly as considered be shall following The - - When determining the origin of products, packing should be considered as - Products which comply with origin requirements provided for in Rule 1 1 requirementsorigin Rule provided for in Productscomplywith which - - Products originating in Least Developed Contracting States can be Contracting Developed States can Least in originating Products - 7 . 8. 7. 6. 5. 4. 3. 2. 1.

“Partial” cumulationas impliedby Rule 4 above means thatonly products which have acquired originating SAPTA, under negotiated agreements sectoral of framework the within traded products of respect In for used defined, as vessels, any means ship” “factory term the Agreement, this of purpose the For flag flying the of requirement government agenciesoperated by the ships factory or vessels In respect of refershall “Vessels” - fishing vessels engaged to commercial fishing,in registered a Contracting in State’s Include forestry products. Include mineralmetal fuels, lubricants mineral andrelated of well as materials as ores. A standard Certificate of Origin to be used by all Contracting States is annexed and approved by the by approved and is annexed States Contracting all by used be to Origin of Certificate standard A Contracting States. a for finished product eligible inputs for preferential anotherContractingof territory as the in treatment used State. when account into taken be may State Contracting one of territory the in status sectoral agreementsand when the as are negotiated. made for apply. provisionspecial criteriabe to may need to these criteria Consideration givento be may above. processing and/or board making productson exclusively from those products referredparagraph in to (f) a Contractingof apply. doesnot State concessions. preferential for eligible be also will States Contracting between catch of sharing and/or vessels such of chartering/leasing for provide agreements which bilateral under fishing commercial in engagedvessels from taken products the However, States. Contracting the of governments 75 or and/or citizens State by percent Contracting such of government and/or citizens or citizen a by owned is which of equity of cent per 60 or partnership, at cost State country, State’s Contracting of Contracting such in registered duly or association, governments or corporation citizens or citizen a by operated and country Format ofCertificate ofOrigin 75 Regional Human Rights Mechanism in South Asia 76 Regional Human Rights Mechanism in South Asia ih ue o te AT Rls f rgn o wee o wol poue o otie i te exporting the in obtained or produced wholly not where or 4. Contracting Rule or 3 States be eligible underRule must Origin, of Rules SAPTA the of 2 Rule with accordancein exporting ContractingState the in obtained wholly or produced Preferencebe must products II. To for qualify preference, products must : I. Entries General b) a) c) b) a) 3. 2. 1. Products not wholly Products not produced obtained:entry or followsthe Box as should in 8 be : letter obtained; Products enter whollyproduced the or “A”in Box8. of country the exportation countrythe to of destination.from hereof 5 Rule In general, of meaning the Origin. of within directly consigned Rules be SAPTA must products the by specified conditions consignment the with comply right; own and its in separately qualify must consignment a in article Each Origin. of Rules SAPTA with comply country of destination; a descriptionfallof products within eligible for preference schedulethe inof concessions SAPTAof to be

Conditions 10. Rule to according criteria origin special the meet which products for 8 Box in “D” letter Enter per product; 60 (examplecent); “C” exportingthe of ContractingState expressedas a percentagetheof f.o.b. valuetheof exported letterof wouldbe “C” followed aggregateofbythe sum the content the territory in originating Entry 4. Rule accordingto criteria origin the meet which products for 8 Box in “C” letter Enter products;f.o.b. (exampleper “B”the 50 value of cent); the percentageof a as expressed used, origin undetermined or States, non-Contracting from produce originating or materials, parts of value the of sum the by followed be letter would of Entry 3. Rule criteria according origin to the products meet for which 8, Box Enterletter in “B” made in Box

8 exceed 70percent, andfor Rule4,thepercentage would notbelessthan40percent. points applied to the percentage established in Rules 3 and 4. percentage 10 a favourable allowed be can States Contracting Developed Least in originating Products Rule 10:Specialcriteria percentage the Contracting State of the finished product has taken place provided that the aggregate content originating in the territory of be considered as a product originating in the territory of the Contracting State where working or processing preferential product eligible for finished fora ContractingStateinput another as treatment by shall State Products which comply with origin requirements provided for in Rule 1 and which are used by a Contracting Rule 4:Cumulative rulesoforigin preferential concessions subject to theprovisions ofRule3(c)and4. for eligible be shall State Contracting exporting the of territory the within performed is manufacture of does not exceed 60 per cent of the f.o.b. value used origin undetermined of or States non-Contracting from originating produce or parts materials, the totalof valuethe which of result a processedas productsworkedor 1(b), on Rule of meaning the Within Rule 3:Notwhollyproduced orobtained The new amendedrulesnow read asfollows :- SAARC Preferential Trading Arrangement (SAPTA) withimmediate effect. 1999 approvedamendments the Rulestothe relating10 the and Rules4 to 3(a), of Origin (Annex-II) the of Twenty-firstSAARCits atCouncilThe MinistersNuwara in of Eliya, held Lanka18-19 March on Sri Session is notlessthan50percent ofitsf.o.b.value Amendment to theSAPTA RulesofOrigin – – – of the products produced or obtained and the final process Thus, for Rule 3, the percentage would not . ADDENDUM 77 Regional Human Rights Mechanism in South Asia 78 Regional Human Rights Mechanism in South Asia RECALLING ALSO to combat thegrave crimeoftrafficking in womenandchildren for prostitution should be explored; RECALLING incompatible ofbasichumanrights; withthedignityandhonourofhumanbeingsisaviolation EMPHASISING to victimsoftrafficking for prostitution; EMPHASISING those responsible for suchtrafficking; of and punishment prosecution interdiction, for detection, investigation, and prostitution for trafficking RECOGNISING countries andtheirincreasing useofthesecountries receiving assending, andtransit points; NOTING Bodies andConferences includingthe Fourth World Conference onWomen at Beijing(1995); GIVING the Rights oftheChild,1989; on Convention the and 1966; Rights, Political and Civil on Covenant International Women,1979; against Exploitation Prostitution of of Others, of All Forms 1949; the Elimination Convention on ofDiscrimination of the and in Persons Trafficking of Suppression the for Convention the including children, and women A THE MEMBERSTATES OFTHESOUTH ASIANASSOCIATION FOR REGIONAL COOPERATION (SAARC), nnex due regard to the implementation of the recommendations of the various pertinent International with concern the increasing exploitation by traffickers of women and children from SAARC and children ofwomen traffickers by exploitation increasing the concern with SAARC Convention on Preventing and Women andChildren for Prostitution the decision of the Ninth SAARC Summit (May, 1997) that the feasibility of a regional Convention in this regard the importance of establishing effectiveestablishing cooperationof regardimportance regional preventing for this the in the need to strengthen cooperation in providing assistance, rehabilitation and repatriation that the evil of trafficking in women and children for the purpose of prostitution is ofprostitution purpose the for andchildren in women trafficking of evil the that 6 the relevant international legal instruments relating to prevention of trafficking in oftrafficking to prevention relating instruments legal international relevant the Combating Trafficking in PARTIES TO THEPRESENT CONVENTION

3. 2. 1. region are thecountries oforigin,transit anddestination. women and children in international prostitution networks, particularly where the countries of the SAARC useof the and prevent traffickingin of trafficking victims of of rehabilitation and repatriation the children; andsuppression and women interdiction of prevention, aspects the various with deal may effectively they that so States Member amongst cooperation promote to is Convention this of purpose The 7) 6) 5) 4) 3) 2) 1) For thepurposeofthisConvention: HAVE AGREED

Any attempt or abetment to commit any crime mentioned in paras 1 and 2 above or their financing their or 2 above 1 and paras in mentioned crime any commit to abetment or attempt Any of punishment for provide shall territories, respective their in Convention, the to Parties State The inany trafficking that toensure measures effective take shall Convention the to Parties State The across trafficking to subjected person the of origin of country the to return means “Repatriation” State Member a of Government a by recognised or established home a means home” “Protective “Persons subjected to trafficking” means women and children victimised or forced into prostitution by “Traffickers” meanspersons, agencies orinstitutions engaged in any form of trafficking; and within prostitution children for and women of buying or selling moving, the means “Trafficking” “Prostitution” meansthe sexual exploitation orabuseof persons for commercial purposes; “Child” meansaperson whohasnotattained theage of18 years; shall alsobe punishable. part thereof for thepurposeof trafficking. a place used for the purpose of trafficking and knowingly lets or rents a building or other place or any of financing the in takes part or finances knowingly or manages or keeps,maintains who personany appropriate penaltieswhich take into account itsgrave nature. by punishable offence an such make shall and law criminal respective their under offence an is form international frontiers. subjected to trafficking. persons arrested or ofrescued rehabilitation and treatment care, reception, the for any therunlawful means; the traffickers by deception, threat, coercion, kidnapping, sale, fraudulent marriage, child marriage, or subjected to trafficking; person the of consent the without or with considerations other or monetary for country a outside as follows: SCOPE OFTHECONVENTION DEFINITIONS OFFENCES Article III Article Article II Article Article I 79 Regional Human Rights Mechanism in South Asia 80 Regional Human Rights Mechanism in South Asia 2. 1. provided appropriate they are that counselling andlegal assistance. and ismaintained victims women and thatthe ensure the child shall of States Memberconfidentiality in authorities judicial Convention, this under offences trying In 1.

Requests for assistance shall be executed promptly in accordance with their national laws and in the in and laws national their with accordanceexecuted in be promptly shall assistanceRequestsfor legal mutual of measure widest the other each to grant shall Convention the to Parties State The respect ofoffences underthisConvention. Suchassistance shall include: investigations, theassistancerespect requesting of in in other proceedings State in or trials inquiries, makethe which circumstances commission ofsuchoffences particularly grave, factual viz. into account take can Convention, this under committed The State Parties to the Convention shall ensure that their courts having jurisdiction over the offences inform the Requesting State andshallgive reasons for the same. promptly shall it execution postpone to decides or assistance for request a with part in or whole in manner requested by the Requesting State. In the event that the Requested State is not able to comply h) g) f) e) d) c) b) a) g) f) e) d) c) b) a)

service ofdocuments includingdocumentsservice seekingattendance ofpersons; and making detained persons andothers available to give evidence orassist investigations; taking ofevidence andobtaining ofstatements ofpersons; other or any State aMember in whether offences, similar for particularly conviction, previous factthe that offencethe is committeda custodial in institution an in or educational institution or the involvement intheoffences ofanorganised criminalgroup to whichtheoffender belongs; location ofpersons and objectsincludingtheir identification; the useofviolenceorarmsby the offender; country. for educational, sports,socialandcultural activities; facilitysocial toimmediatechildren places their other which studentsin in or and or vicinity visit office; any otherassistance consistent withtheobjectives ofthis Convention. delivery ofpropertyexhibits; includinglendingof search and seizures; provision ofinformation, documents andother records includingcriminalandjudicial records; the victimisation or trafficking ofchildren; the fact that the offender holds a public office and that the offence is committed inmisuse of that the involvement oftheoffender inotherinternational organised criminal activities; AGGRAVATING CIRCUMSTANCES MUTUAL LEGAL ASSISTANCE JUDICIAL PROCEEDINGS Article VI Article IV Article V 7. 6. 5. 4. 3. 2. 1. 5. 4. 3. 2. 1.

The State Parties to the Convention shall endeavour to focus preventive and development efforts on developmentpreventive efforts and endeavour focus to Convention shall the State Parties to The the supervision for measures necessary taking may consider Convention the to Parties State The inrespectof basis, information regular ona exchange, shall Convention the to Parties State The mechanisms bilateral up set agreement, mutual by also, may Convention the to Parties State The ofthe of officials a Regional consisting Force Task establish shall Convention the to Parties State The The State Parties to the Convention shall sensitize their law enforcement agencies and the judiciary in totheir and assistance training means, sufficient provide shall Convention the to Parties State The who have nationals law, their under permitted not is nationals their of extradition where States In him extradite not does it if shall, present is offender alleged the territory whose in Party State The Extradition shall begranted inaccordance withthelaws oftheState to whichthe request ismade. a request a treaty, receives of existence the on conditional extradition makes which Party State a If in any extraditable offences as regarded be shall Convention present the in referred offences to The areas whichare known to besource areas for trafficking. recruitment. of guise the under children and women in trafficking prevent to order in agencies employment of police records andrecords of conviction. ofoperation, methods photographs, their fingerprints, offenders, the of information include shall so furnished air. information or The water land, traffickers through the by used routes and methods identify and also the region in trafficking in involved are who individuals and institutions agencies, cooperationmechanisms for to interdict trafficking in womenandchildren for prostitution. including appropriate the Convention, of the provisions implement effectively to periodic reviews. undertake to and Convention this of provisions the of implementation facilitate to States Member women and children. encourage in related that factors trafficking other Convention and this under offences the of respect of offences Convention. underthis to them enable respective inquiries,effectively to authorities conduct investigations and prosecution committed offences underthe present Convention shallbe prosecuted andpunished bytheir courts. authorities for thepurposeofprosecution inaccordance withthe laws ofthat State. competent its to case the delay, undue without and whatsoever exception without submit, her, or offences set forth inArticle III. shall, if so permitted by its laws, consider this Convention as the basis forextradition in respect of the treaty,extradition no State Requested the has it which with State Party another from extradition for Convention. extradition treaty which has been or may hereinafter be concluded, between any of the Parties to the MEASURES TO TRAFFICKINGINWOMEN PREVENTANDINTERDICT ANDCHILDREN EXTRADITION ORPROSECUTION Article VIII Article VII 81 Regional Human Rights Mechanism in South Asia 82 Regional Human Rights Mechanism in South Asia Instrument ofRatification withtheSecretary-General. This Convention enter shall into force onthe fifteenth day following the day ofthe depositofthe seventh The Instruments ofRatification shallbedeposited withtheSecretary-General. ratification. to subject be shall It Kathmandu. at Secretariat SAARC the thereafter, at and Kathmandu at The Convention shall be open for signature by the Member States of SAARC at the Eleventh SAARC Summit and protection accorded by relevant national laws and international agreements. enforcement of measures higher to prejudice without are Convention the in for provided measures The legislative andothermeasures necessary to ensure theimplementation oftheConvention. the Constitutions, respective their with accordance in adopt, shall Convention the to Parties State The 5. 4. 3. 2. 1. 8.

The State Parties to the Convention shall encourage recognised non-governmental organisations in organisations non-governmental recognised encourage shall Convention the to Parties State The The State Parties to the Convention may also authorise the recognised non-governmental organisations of rehabilitation for or shelters homes protective establish shall Convention the to Parties State The trafficking, of cross-border victims of repatriation the for arrangements of completion the Pending tothe the victims of repatriation for modalities out work shall Convention the to Parties State The The State Parties to the Convention shall promote awareness, inter-alia, through the use of the media, trafficking. of victims the for maintenance and care suitable providing shelters for or homes protective such of the establishment through including andrehabilitation, intervention at prevention, aimed efforts victims of trafficking. the for maintenance and care suitable providing for shelters or homes protective such establish to training andhealthcare facilities for the victims. job be made for granting trafficking.counselling, advice, also of Suitable legal shall victims provisions provision oflegal adviceandhealthcare facilities shallalsobemade available to such victims. the State Parties to the Convention shall make suitable provisions for their care and maintenance. The country of origin. of negative images of women. of the problem of trafficking in women and children and its underlying causes including the projection CARE, TREATMENT, REHABILITATION ANDREPATRIATION OFTHEVICTIMS SIGNATURE ANDRATIFICATION HIGHER MEASURES ENTRY INTO FORCE IMPLEMENTATION Article XIII Article XII Article IX Article XI Article X Language, alltexts beingequallyauthentic. DONE have signedthis Convention. IN WITNESS WHEREOF with ArticleXIII. accordance in force into entered have will Convention this which on date the of States Member inform shallalso The Secretary-General State. Member each to instruments ofsuch copies certified transmit The Secretary-General shall Ratification. of Instruments of deposits all and Convention this to signatures of States Member the notify shall and Convention this of depository the be Secretary-Generalshall The People’s Republic of Bangladesh Minister ofFinance and Leader oftheDelegation of Nepal Minister for Foreign Affairs Minister of External Affairs RAM SHARAN MAHAT at Kathmandu onthisFifthDay ofJanuary Two Thousandand Two, innineoriginals,theEnglish M. MORSHED KHAN Kingdom ofNepal JASWANT SINGH Republic of India the undersigned, being duly authorised thereto by thereto authorised their duly being respectiveundersigned, the Governments, Democratic Socialist Republic ofSriLanka Minister ofForeign Affairs TYRONNE FERNANDO DEPOSITORY Article XIV Islamic Republic of Pakistan Minister ofForeign Affairs Minister ofForeign Affairs Minister ofForeign Affairs Republic of Maldives Kingdom of Bhutan FATHULLAJAMEEL JIGMI Y.JIGMI THINLEY ABDUL SATTAR

83 Regional Human Rights Mechanism in South Asia 84 Regional Human Rights Mechanism in South Asia A BEARING IN MIND the Child”; TAKING INTO ACCOUNT child survival andwelfare; of South Asia 1996, and noting the significant progress already made by the Member States in the field of Children on Resolution Rawalpindi in embodied as children, of needs changing the meet to approaches RECOGNISING to theUNConvention ontheRights oftheChild; REAFFIRMING childhood isentitled to special care andassistance; RECALLING assistance sothat itcan fullyassumeandfulfill responsibility for itschildren and community; protection and afforded necessary be the should children, of well-being environmentand growthfor the RECOGNISING the upbringinganddevelopment ofthechild; BEARING INMIND a lead and potential responsible life infamily andsociety; full their to develop to and rights, their enjoy fully and secure to protection and NOTING TO THEPRESENT CONVENTION THE MEMBER STATES OF THE SOUTH ASIAN ASSOCIATION FOR REGIONAL COOPERATION (SAARC), PARTIES concomitant to theregion’s collective march towards solidarity, justice, peaceandhuman progress; nnex that a quarter of the world’s children live in South Asia and many of them require assistance require them of many and Asia South in live children world’s the of quarter a that the common proclamation of their nations in the Universal Declaration of Human Rights Rights Universalthat Declarationof Human the in nations their proclamationcommon of the Arrangements for thePromotion of , therefore, that the family, as the fundamental unit of society and also as the ideal nurturing their adherence to the Declaration of the World Summit for Children and their commitment the efforts of SAARC towards building a regional consensus on priorities, strategies and strategies priorities, on consensus regional a building towards SAARC of efforts the 7 SAARC Convention on Regional that parents or legal guardians, as the case may be, have the primary responsibility for that the development of the full potential of the South Asian child is acritical child Asian South the of potential full the of development the that Child Welfare inSouthAsia , the declaration of the years 2001-2010 as the “SAARC Decade of the Rights of Rights the of Decade “SAARC the as 2001-2010 years the of declaration the , PREAMBLE

2. 1. For the establishment of regional arrangements, States Parties shall be guided by the following principles: 3. 2. 1. The purposesandobjectives ofthepresent Convention shallbe to: (SAARC), below theage ofeighteen years unless,underthenational law, majorityis attained earlier. ‘Child’ Child. ‘Rights of the Child’ For thepurposesofthisConvention: HEREBY AGREE Asian visionfor thewell-being oftheirchildren; REALISING fulfill andprotect therights ofchildren; to nations Asian South the of efforts the galvanizing in useful eminently are resources and information ACKNOWLEDGING

b) a) States Parties shall reaffirm the right of the child to enjoy all rights and freedoms guaranteed by the guaranteed freedoms and rights all to enjoy child of the right the reaffirm shall Parties States participatory and development protection, survival, consider shall Convention this to Parties States and fulfilling facilitating, in States Member the assist to arrangements regional appropriate up Set and development the in help and facilitate to diligence, and commitment with together Work themtothe by made the promises ofredeeming determination their in Parties States the Unite national laws and regionally andinternationally binding instruments. rights ofthechildasavital pre-requisite for: protecting therights oftheChild, taking into account thechangingneedsof child. responsibilities as well asthat ofothers; and duties rights, the understanding of with child, Asian South the of potential full the of protection conferences andsuccessive SAARC Summits; international and national other various at and Children for Summit World the at Child Asian South

shall mean a national of any Member State of the South Asian Association for Regional Cooperation Accelerating the process of their peoples’ realisation of human rights and fundamental freedoms; and Achieving economic andsocialdevelopment inSouth Asia. further that, together, the Member States of SAARC can move towards a comprehensive South as follows: that regional solidarity and cooperation through sharing of experience, expertise, of experience, sharing through cooperation and solidarity regional that shall mean the rights of children embodied in the UN Convention on the Rights of the PART I-DEFINITIONS,PURPOSEANDGUIDINGPRINCIPLES Article II-PurposesandObjectives Article III-GuidingPrinciples Article I-Definitions 85 Regional Human Rights Mechanism in South Asia 86 Regional Human Rights Mechanism in South Asia 3. 2. 1. 7. 6. 5. 4. 3.

States Parties shall ensure that appropriate legal and administrative mechanisms and social safety social and mechanisms administrative and legal appropriate that ensure shall Parties States of prevention to the attention special with care, health education, as such services Recognisingbasic of Rights the on Convention UN the in enshrined rights the of indivisibility the to prejudice Without the children, for aspirations key as equality and justice gender consider always shall Parties States or bilateral and laws national all for force a guiding as Convention this consider shall Parties States the of well-being the after looking of responsibility primary the that Statesrecognising Parties, while States Parties shall uphold ‘the best interests of the child’ as a principle of paramount importance and States Parties consider the UN Convention on the Rights of the Child as a comprehensive international nets anddefenses are always inplace to: and to thebasicservices conditions. of the child. The policy shall focus on accelerating the progressive universalization of the child’s access thatdevelopment facilitate the Action ProgrammeNational of a developmentand of policy a pursue shall States development, Parties and survival child cornerstone of the as malnutrition, and diseases benefit immenselyfrom bilateral and regional cooperation. importantthe on areasemphasis for developmentchild regional thatwell-being as priorities and can special law, place and shall instruments States national Parties and international other and Child the realisation ofwhich, collectively bythe governments, wouldenhance the progress ofSouthAsia. multilateral agreements that are entered into inthefieldofchild welfare. and authority to ensureright theprotection ofthebest interests ofthethe child. has State the that principle the uphold shall family, and parents the with rests child shall adhere to thesaidprincipleinallactions concerning children. their reiterate therefore, shall, commitment to implement and it. child the of well-being and rights the concerning instrument c) b) a)

Ensure that their national laws protect the child from any form of discrimination, abuse, neglect, Administer juvenile justice in a manner consistent with the promotion of the child’s sense of sense child’s the of promotion the with consistent manner a in justice juvenile Administer in a country other than the country of domicile and expectant women and mothers who are who mothers and women expectant and domicile of country the than other country a in family and society. In doing so, States Parties shall provide special care and treatment to children in the child’s reintegration the promoting of objective primary the with and worth, and dignity provide child labourers; to tend that families for nets safety social supportive and level primary the at opportunities of SAARC the from provision the labour including strategy multi-pronged child a adopt shall of Parties States so, evil doing In the region. eliminate to decision Summit SAARC Ninth the of exploitation, torture ordegrading treatment, trafficking and violence; alternative measures to institutional correction, keepingin mindthe best interest of the child; detained along with infants or very young children, and shall promote, to the best possible extent, icuae nr o cide it hzros n hrfl aor n esr implementation ensure and labour harmful and hazardous into children of entry Discourage PART II-REGIONAL PRIORITIES ANDARRANGEMENTS Article IV- Regional Priorities well-being. Inpursuance hereof, States Parties shall: and environment for full realisation of child rights and attainment of the highest possible standard of child and capable of enhancing the quality and impact of their national efforts to create the enabling conditions reinforcing mutually as cooperation such view Parties Statesdevelopment. and rights child of arena the promotesolidarity,shall Member SAARC in States among and cooperation between action collective and Parties States above, delineated priorities regional the of pursuance and on focus consistent Toensure 5. 4.

States Parties shall encourage the mass media to disseminate information and material of social and social of material information disseminate and to media mass encourage the States shall Parties andsupport shall encourage Parties States child, the of capacities evolving the Recognising as otherregional andinternational instruments having abearingonthe child. cultural benefit to the child. They shall also endeavour to give wide publicity to the Convention as well accordance withlocal customs andtraditions, to provide opportunitiesandaccess forthechild to: administrative and judicial institutions to arrange for suitable mechanisms at appropriate levels and in c) b) a) e) d) c) b) a) d)

Seek andreceive information; Participate fully and without hindrance or discrimination in the school, family and community life. them, inaccordance withage andmaturity, inallmatters affecting them; Express views, directly or through a representative, and receive due weight and consideration for provide opportunities for appropriate bilateral and multilateral sharing of information, experience make special arrangements for speedy completion and disposal, on priority basis, of any judicial or and expertise; distribution of food at the family level. equitable and security food ensuring and training adequate education, mass through women, childrenand for particularly ofnutrition, levels ofhigher attainment and practice awareness, of thechild,includingtrafficking ofchildren for sexual, economic and otherpurposes; implement regional strategies and measures for prevention of inter-country abuse and exploitation committed; alleged offence has not imperiled the national security of the country where it has been allegedly the penal code, back to their country of legal residence for trial and treatment, provided that the State, administrative inquiry or proceeding involving a child who is a national of another SAARC Member Training Programmes onChildRights and Development; set up a South Asian nutrition initiative aimed at enhancing knowledge and promoting greater promoting and knowledge at enhancing aimed initiative nutrition Asian South a up set and formulate to welfare child of issues with dealing Bodies SAARC relevant the strengthen Advanced SAARC of schedule annual planned through development resource human facilitate compulsory in order to facilitate the effective enforcement of national laws, including the laws, including of national minimum age for enforcement employment and marriage. effective the facilitate to order in compulsory States Parties shall make civil registration of births, marriages and deaths, in an official registry, official an in deaths, and marriages births, of registration civil make shall Parties States and for the transfer of children who are nationals of SAARC countries, accused of infringing Article V- Regional Arrangements 87 Regional Human Rights Mechanism in South Asia 88 Regional Human Rights Mechanism in South Asia Instrument of Ratification with the Secretary-General of the South Asian Association forRegional Asian Association South the of Cooperation (SAARC). the Secretary-General with Ratification of Instrument Seventh of the of deposit date the following day fifteenth the on force into enter shall Convention The The Instruments ofRatification shallbedeposited withthe SAARC Secretary- General. ratification. to subject be shall It Kathmandu. in Secretariat SAARC thereafter, the and at Kathmandu, in The Convention shall be open for signature by the Member States of SAARC at the Eleventh SAARC Summit institutions andadequate allocation ofhumanandfinancial resources. equipped manpower, adequately trained legislation, and policies new appropriate of promulgation and legislative reform include inter-alia, measures, could The Convention. this of provisions the fulfill help to States Parties shall provide the necessary political support to ensure that appropriate measures are taken, andother UN with cooperation encourage international agencies. may Parties States scope, and nature their Recognising supportthe and participation ofnon-Governmental encourage bodiesincluding community-based organisations. may the Convention, of the provisions implementing while Parties, State 2. 1. rights andwell-being ofthechild. the and protecting fulfilling in facilitating, efforts national and regional on impact positive have would that cooperation and agreements multilateral and bilateral support and encourage shall Parties States

Nothing in this Convention shall affect any provisions which are more conducive to the realisation the to conducive more are which provisions any affect shall Convention this in Nothing Constitutions, respective their with accordance in adopt, shall Convention the to Parties States The agreements that are in force. international or laws national in contained be may which and child Asian South the of rights the of the legislative andothermeasures necessary to ensure theimplementation oftheConvention. Article IX-CooperationwithUNAgenciesandOther International Agencies Article VII- Relations withNationalLawand International Instruments Article VIII- Relations withNon-Governmental Bodies Article VI-Bilateral andMultilateral Cooperation PART III-RELATIONSHIPS Article XI-SignatureandRatification Article X- Political Commitment Article XII- Entry into Force PART IV AND

COOPERATION Language, alltexts beingequallyauthentic. DONE have signedthisConvention. IN WITNESS WHEREOF with ArticleXII. accordance in force into entered have will Convention this which on date the of States Member inform also shall General Secretary- The State. Member each to instruments such of copies certified transmit shall General The Secretary Ratification. of Instruments of deposits all and Convention this to signatures of States Member the notify shall and Convention this of Depository the be Secretary-Generalshall The People’s Republic of Bangladesh Minister ofFinance and Leader Minister for Foreign Affairs Minister of External Affairs of theDelegation of Nepal at Kathmandu onthisFifthDay ofJanuary Two Thousandand Two, innineoriginals,theEnglish RAM SHARAN MAHAT M. MORSHED KHAN Kingdom ofNepal JASWANT SINGH Republic of India the undersigned, being duly authorised theretoundersigned,authorised the duly being respectivebytheir Governments, Democratic Socialist Republic ofSriLanka Minister ofForeign Affairs Article XIII-Depository TYRONNE FERNANDO Islamic Republic of Pakistan Minister ofForeign Affairs Minister ofForeign Affairs Minister ofForeign Affairs Republic of Maldives Kingdom of Bhutan FATHULLAJAMEEL JIGMI Y. THINLEY ABDUL SATTAR 89 Regional Human Rights Mechanism in South Asia 90 Regional Human Rights Mechanism in South Asia reinforcing, and that allhumanrights must betreated fairly, equallyandwiththesame level ofattention; Reaffirming Noting for the Promotion of Child Welfare in South Asia and the Regional Convention on Suppression of Terrorism; Combating the Asia South in Rights Human Realising and Impunity InternationalThe Conference on of the South Asian Association for Regional Cooperation (SAARC) and its Convention on Convention its and (SAARC) Cooperation Regional for Association Asian South the of Criminal Court; as well as the Agenda 2030 Internationaland the Sustainable the Development Goals, alongside of the Charter Statute Rome the and (ICCPR); Rights Political and Civil on Covenant International the (ICESCR); Rights Cultural and Social, Economic, on International Covenant the (UDHR); Rights Human of Declaration Universal the Nations; United the of Charter the including freedoms, fundamental and Recalling The conference unanimouslyadopted thefollowing Kathmandu Declaration as follows: the Conference was organized andfor thehospitality extended to all delegates. which in manner excellent the for Nepal of NHRC the to appreciation their expressedConference the of they organize extended support to the (APF) for Pacific NHRIs Conference. Asia of the Forum Participants the and KathmanduFacility, UNDP- Governance the to thanks sincere its expressed Nepal of NHRC The The President ofNepal,Mrs. inaugurated theConference inaspecial ceremony. human rights organisations also participated. international of number a and (UNDP)-Kathmandu Programme Development Nations United the Rights, and journalists from the South Asia region. The United Nations Office of the High Commissioner for Human Mongolia and Philippines also participated Myanmar, along with a Malaysia, broad range Jordan, of human rights organisations from (HROs) NHRIs Nepal. of NHRC the by hosted conference the in participated Bhutan, of Women’s Commission National the as well as Lanka, Sri and Pakistan Nepal, Maldives, India, Nepal A nnex . that theyear 2018marks the70 The representatives of National Human Rights Institutions (NHRIs) of Afghanistan, Bangladesh, of Afghanistan, (NHRIs) Institutions Rights Human National of representatives The Impunity andRealising HumanRights in Kathmandu Declaration onAddressing the international instruments agreed upon by States to promote and protect human rights protect and promote to by States upon agreed instruments international the ht l hmn ihs r uiesl idvsbe itreae, nedpnet n mutually and interdependent interrelated, indivisible, universal, are rights human all that

Trafficking in Women and Children for Prostitution 8 Identifying Challenges, Assessing Progress, Moving Moving Addressing Progress, Assessing Forward: Challenges, Identifying th South Asia anniversary oftheUDHR,whichiscelebrated worldwide; 11 April2018 a hl fo 9 o 1 pi 21 i Kathmandu, in 2018 April 11 to 9 from held was ; Convention on Regional Arrangements Preventing and Preventing

while taking into account national context; standards, and norms international with conformity in be must processes of combination such any that including through investigations and prosecutions, truth-seeking, reparation programmes, and vetting; and abuses of the past, to fully realise the rights to truth, justice, reparation and guarantees of non-recurrence, Recognising and cultural rights, aswell asto authoritarian ruleandconflict; Recalling from thelackofaccountability, andexistence ofimpunity, whichrepresent threats against peace; resulting minorities ethnic and religious of targeting speech, hate to leading politics divisive of rhetoric the freedoms, fundamental other and assembly and expression of freedom to right the on crackdowns Alarmed remedy and reparation; to right the and truth the to right the prosecute, to duty the regarding standards and norms including E/CN.4/2005/102/Add.1) Doc. Impunity, UN Combat to Principles (Updated Impunity Combat to Action Bearing in mind civil society, inaddressing issuesrelated to conflict andits consequences; also Recognising and calling onstates to respect humanrights at alltimes,especiallyin conflict andpost-conflict contexts; awareness, providing protection to individuals, providing constructive advice and guidance to authorities, situations, investigating and documenting human rights violations, promoting human rights education and human rights norms and standards in national legislation and practices, monitoring national human rights Recognising during conflict andtransition topeaceful societies; warning, early in NHRIs of roles the on Meeting Annual 2017 GANHRI the by Statementissued outcome Recalling Paris Principles; the with conformity in full effectively, and independently function to capacity and resources adequate draw attentionwe needparticular, the to for states ensure to that Rights Human (NHRIs)National areInstitutions given In Assembly. General marksthe25 UN 2018 the by year Principles Paris the the that of endorsement the noting of anniversary and NHRIs of work the guiding standards international as of Human Rights adopted by General Assembly resolution 48/134 on 20 December 1993 (Paris Principles) Recognising Recalling must bewithintheframework ofrespect for humanrights, fundamental freedoms andtheruleof law; undertake measures to protect their populations, including from threats of an exceptional nature, but this Recognising that human rights, development, and peace and security are interrelated and mutually reinforcing; by the regular recurrence of crises and conflict in the region, including armed conflict, the armed conflict, including region, the in conflict and crises of recurrence regular the by that the absence of the rule of law may give rise to violations of civil, political, economic, social political, economic, civil, of violations to rise maygivelaw of rule the of absence the that the 2004 Seoul Declaration, 2015 Mérida Declaration, and 2015 Kiev Declaration as well as the as well Declaration Kiev 2015 Declaration, and Mérida Declaration, 2015 Seoul 2004 the the Principles relatingPrinciples the Status the to National of Institutionsthefor and Promotion Protection that core international human rights instruments make provisions for and require States to States require and for provisions make instruments rights human international core that the need for comprehensive approaches to deal with gross human rights violations and violations rights human gross with deal to approaches comprehensive for need the that NHRIs play a major role in encouraging ratification and integration of international and integration ratification encouraging in role major a play NHRIs that the Updated Set of Principles for the Protection and Promotion of Human Rights Through the importance of the collaboration between NHRIs, as well as their collaboration with collaboration their as well as NHRIs, between collaboration the of importance the th

91 Regional Human Rights Mechanism in South Asia 92 Regional Human Rights Mechanism in South Asia 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. Being aware democratic society; Underlining this role could befurther strengthened; the root causes of conflict, including by realising economic, cultural and social rights; and considering that serve justice and achieve reconciliation, and in advancing broader institutional reform accountability, necessaryto ensure to in order processes, justice transitional and post-conflict in Principles, Paris the Recognising further Reaffirm that prosecution is one of the central elements of an of centralof the integrated elements Reaffirmis one that prosecution justice transitional strategy, Ensure the full participation of victims’ groups, civil society and NHRIs in any transitional justice process (including recurrence non- prevent to measures and reparations justice, criminal truth, that Ensure the Reaffirmstate’s that to duty investigate necessary, its where and, fulfill failure to prosecute gross l of rule the that Restate ethnicity,political religion, caste, on based crimes hate and violence to end an bring to states Urge endeavors, must reach rights NHRIs human impunity, combat other against the in in Reaffirm that as treaty-body their accordance periodic with reporting requirements,states in their meetall to on Call Call on all states to sign, ratify and implement all international human rights instruments as well as the towards work actively to and Principles Paris the to adherence full for need the reaffirm Strongly Recall the General Asse institutional reforms) are intimately linked as pillars of transitional justice and aremutually supportive. political stability required for fullenjoyment ofhumanrights andeconomic prosperity. the to obstacle major a turn in is which impunity, of culture a perpetuates violations rights human andwithout equally system discrimination. the justice by protected are communities) marginalized and groups affiliation, regionalorigin,and gender. out andcollaborate andcooperate withcivilsociety inaclearlyinclusive manner. international humanrights treaty obligations. states inthis endeavor. respective our monitoring and advising supporting, to NHRIs as commitment our reaffirm and level, national the at implementation their ensure and Court, Criminal International the for Statute Rome nominations andselection processes andfinancialindependence. this, including through seeking legislative reform ensuring the integrity of the NHRIs through effective strongand to ensure effective NHRIs; and to refrain ParisPrinciples from unduly the interfering with the independence and to respect autonomy of NHRIs. NHRIs; from advice and recommendations to encourage particular we resolutions;to in implementthese member states give due consideration to the requirements ofdue process oflaw andthe principlesof non-discrimination. with compliance in abuse, rights human of legacy a and impunity beyondsociety a moving at aiming through aconsultative andtransparent engagement from the start. h ne t pooe oiia ad cnmc od oenne s h bss ofa peaceful the basis as governance good economic and political promote to need the of theforegoing, theSouthAsianNHRIsresolve to: the unique and critical contributions being made by NHRIs, especially those in line with mbly and Human Rights Council resolutions on NHRIs and urge all member states aw signifies that all individuals (including women, children and minority children women, (including individuals all that signifies aw Impunity andTransitional Justice General

address 22. 21. 20. 19. 18. 17. 16. 15. 14. 13. 12. Call on governments to cooperate to bring about necessary legal and administrative measures administrative and legal necessary about bring to cooperate to governments on Call Stress the right of freedom of movement, including migration in s for internal forces vetsecurity to mechanisms accountability effective have to need the Stress Urge states to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment executions, extrajudicial ending to focus a with reform, sector security of centrality the Underline Recognising the right of states to call a state of emergency when national security is genuinely in peril, and approved are they if even abuses, rights human gross for accountable actors non-state Hold security national review to region Asia South the in states all Urge Understandrolethe thattransitional justice plays helping countries emerging in from conflict restore Reaffirm that NHRIs should play a key role in ensuring the establishment of effective vetting processes be into transformed to need violations in complicit were that personnels security that also Reaffirm and assuring access to justice. of recruiters, regulation and monitoring the including standards, Organisation Labour International to according destination, of countries and origin of countries both in migrants, of rights protect to are realised, to avoid seriousabusessuch asthosethat occur underthekafala system. women, particularly migrants, of rights the that ensure to countries destination and origin between economic benefits of migrant labour to destination and origin countries alike, encourage cooperation promotions and for deployment to UNpeacekeeping miss from Enforced Disappearance. of All Persons ConventionProtection the the Protocol, for and Optional its with along Punishment or disappearances and torture. derogations oftheright to life bejustified. or torture of use the circumstances will no under that and ICCPR, the of 4 Article with conformity in call on states to ensure thatderogation any of rights is legitimate, proportional and strictly necessary, proportionate and respect human rights. always must state be the response that stakeholder mind civilian in communities, backedby keeping are proportional and strictly necessary to address legitimate national security threats. measures surveillance mass thatothers among including fundamentalrights, on infringe not do they that to ensure standards, and norms international and constitutional with compliance in are policies and justice truth-seeking, of reparations processes a pursuit the through peace, sustainable a ensure and law of rule the non- of principle the discrimination. and law of process due of requirements the with comply should persons of and security forces, in order to re- establish civic trust and re-legitimize these institutions. Any removal that exclude persons with serious integrity deficits from the administration of justice, law enforcement Principle 36oftheUpdated Principles. with inline institutions, State in serve to continue not should law international under crimes serious or rights of human violations personally gross for responsible are who employees and officials Public institutions of integrity that sustain and uphold peaceand promote rights human of rule the and law. Migration andLivelihood; Refugees and Asylum Seekers nd institutional reforms to prevent the return tosituations of conflict. National Securityand SecuritySector Reform ions. earch of employment. Recognising the and counter- terrorism laws and laws terrorismcounter- and 93 Regional Human Rights Mechanism in South Asia 94 Regional Human Rights Mechanism in South Asia 29. 28. 27. 26. 24. 23. 25. Experiences andChallenges ofHumanRights Organisations inAdvocacy and Work against Impunity, Reaffirm the UN Declaration on Human Rights Defenders and resolve to promote its implementationto its Rights promote resolve and on Human Defenders Declaration UN Reaffirm the safe a in operate can media independent and defendersrights human that ensure, to states on Call and promote to essential is media independent defendersand rights human of work the that Stress asthemass such region, in the rights human of violations gross continuing by concerned Deeply Call uponallstates intheregion to ratify theConvention on Refugees. Expressthatconcerngloba Pro in ourrespective countries. recommendations from theUNSpecialRapporteur ontheSituation ofHumanRights Defenders. the with in line protection, their for measures effective implement and environment, enabling and without whomthere isnodemocracy. media, the defenders and rights human all protect to responsibility unconditional an have they that protect human rights and the rule of law, including in preventing conflicts and violence. Remind states subjected to harassment, restrictions and reprisals amidan overall shrinkingdemocratic space. defenders increasingly rights human with personnel, media and NHRIs, of staff including regions, all the to holding and violations, the to perpetrators ofthemost seriousviolations end accou an for calling Myanmar, from Rohingyas of expulsion 7. 6. 5. 4. 3. 2. 1. mote active cooperation between NHRIsoftheSouthAsia regionin order to: and by allgovernments intheregion to mobilize resources to that effect. NHRIs, among and with management knowledge as well as practices, good and experiences of Welcome and encourage further efforts by GANHRI and APF to support capacity-building, sharing cultural rights and (ICESCR); social andeconomic, (ICCPR) and political civil protect to efforts Promote Address human rights violations linked to theenvironment andclimate change; workers abroad; Asian South economic against toabuses on responses and cooperation and trafficking of victims refugees and migrants of protection as such borders cross that issues coordinated on a including in manner region the in NHRIs to concern key of issues on governments SAARC Lobby the SAARC region; Undertake a study to explore the possibility of establishing a regional human rights mechanism in exchange andcoordination of activity; Establish a mechanism or designate a focal point within each NHRI with the mandate share challenges, of to information lessons learned,andbest practices, as well as technical assistance and capacity building; basis a regular on information of exchange through other each Support and Best Practices, includingCollaboration withNHRIs l trendsindicatel threateninga environment forrightsdefenders human in Commitments to future cooperation ntable. them, inaccordance withtheterms ofthisAdditionalProtocol. among co-operation strengthen to measures necessary adopt to agree Parties State end, Towardsthis acts. of such financing suppress and prevent to measures further taking and acts terrorist committing of purpose the of fundsTerrorism, for of acquisition or provision, the collection criminalizing by particularly Suppression on Convention Regional SAARC the strengthen to is Protocol Additional this of purpose The HAVE AGREED asfollows: Convention, in orderupdating the to meet of the obligations devolving in the importance terms of Security Council recognizing of Resolution 1373 Terrorism, (2001); Suppression on Convention Regional SAARC 22 on BEARING IN MIND provision, acquisitionand collection offunds forsuchacts; the criminalizing by acts terrorist of financing the suppress and preventinter-alia,to States, Member all on and called parties are they to which to terrorism relating conventions international relevant the of and suppress prevent to asindividually, terrorism in all its formswell and manifestations, including, by increased as co-operation and full implementation collectively efforts re-double to determination their their support to the United Nations Security Council Resolution 1373 of September 28, 2001 and affirmed FURTHER RECALLING RECALLING Charter oftheUnited Nations; MINDFUL THE MEMBERSTATES OFTHESOUTHASIANASSOCIATION FOR REGIONAL CO-OPERATION (SAARC) nd August, 2002, wherein the Council mandated the preparation of an Additional Protocol to the to Protocol Additional an of preparation the mandated Council the wherein 2002, August, of the purposes and the principles of co-operation enshrined in the SAARC Charter and the and Charter SAARC the in enshrined co-operation of principles the and purposes the of the Declaration oftheEleventh SAARC Summitadopted at Kathmandu on6 Additional Protocol to the the decision of the SAARC Council of Ministers at its Twenty Third Session in Kathmandu that, at the Eleventh SAARC Summit, the Heads of StateGovernment,reiteratedof or Heads the EleventhSAARCSummit, the at that, Suppression ofTerrorism Regional Convention on Objectives and Purposes Article 1 SAARC

A nnex th

January 2002; January 9 95 Regional Human Rights Mechanism in South Asia 96 Regional Human Rights Mechanism in South Asia 2. 1. 5. 4. 3. 2. 1. (c) (b) (a) of anoffence set forth inArticle 3. “Proceeds” means any funds derived from or obtained, directly or indirectly, through the commission cheques, money orders, shares, securities,bonds,drafts and letters of credit. travelers credits, limited to, bank not bank but cheques, including, assets, interest to, or such title in, evidencing digital, or electronic including form,any in instruments or documents legal and acquired, “Funds” means assets of every kind, whether tangible or intangible, movable or immovable, however Any person commits an offence within the meaning of this Additional Protocol if that person by any by person that if Protocol Additional this of meaning the within offence an commits person Any Any person alsocommits anoffence ifthat person: in forth as set paragraph 1ofthis article. offence an commit to attempts person that if offence an commits also person Any were actuallyusedto carry outanoffence referred to inparagraph 1, subparagraph (a),(b)or (c). funds the that necessary be not shall it 1, paragraph in forth set offence an constitute to act an For (b) (a) (c) (b) (a) out : carry to order in part, in or full in used, be to are they that knowledge the in or used be should they means, directly or indirectly, unlawfully and willfully, provides or collects funds with the intention that i. and shall either: article by a group of persons acting this with of a common purpose. 4 Such contribution or shall paragraph 1 be intentional in forth set as offences more or one of commission the to Contributes Organizes ordirects others to commit anoffence asset forth inparagraph 1or 4ofthis article; Participates asanaccomplice inanoffence as set forthinparagraph 1or4of thisarticle; When a State Party ceases to be a party to a treatymayannex,Statetoa it makelistedthe a party in When declarationa Party toa be ceases as provided for inthisarticle,with respect to that treaty. parties andwhichobliges theparties to prosecute or grantextradition. are concerned States Member SAARC which to Convention any of scope the within offence An international organization todoor to abstain from doing any act; or natureits context, or by act, such tois intimidate population, or a a to Government compel an or of purpose the when civilian, a to injury bodily serious or death cause tointended act other Any in theAnnex to thisProtocol; or An act which constitutes an offence within the scope of and as defined in one of the treaties listed as thetreaty enters into force for theState Party, thedepository ofthis whichshallnotify fact; in theannex included tobe soon as effect have not to cease shall declaration The (a). subparagraph 1, paragraphdeemed in referredto be shall the treaty Party, State the to Convention this of application the in that, declare may annex the in listed treaty a to party a not is which On depositingitsinstrument of ratification, acceptance, approval a oraccession, State Party 1 ofthisarticle; or group, the where such activity or of purpose involves the purpose commission of an offence criminal as set or forth in paragraph activity criminal the furthering of aim the with made be Definitions Offences Article 2 Article 3

1. 3. 2. 1. endeavourto become Parties to theinternational instruments shall listed intheAnnex towhichthey are not yet a Party. Constitutions, their respective of the provisions with accordance in Parties, States c) b) a) their domestic legislation to prevent, suppress and eradicate the financing of terrorism, andfor ofterrorism, effective thefinancing international cooperation with respect thereto including: and eradicate suppress to prevent, legislation domestic their StateParties shall and consider take practical all measures the at national level, inter-aliaby adapting Such sanctionsmay includemonetary sanctions. above are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. 1 paragraph with in accordance liable entities legal particular, that in ensure, shall Party State Each have committed the offences. who individual individuals an or of liability criminal the to prejudice without incurred is liability Such offence asset forth inArticle3.Suchliability may becriminal,civilor administrative. an committed capacity, that in has, entity legal that of control or management the for responsible enable a legal entity located in its territory or organized under its laws to be held liable when a person Each State Party, in accordance with its domestic legal principles, shall take the necessary measures to ii. in their possession, necessary forin theirpossession,necessary the proceedings; instruments listed in Article 3 of this Additional Protocol, including assistance in obtaining evidence to the financing or support of any act constituting an offence within the scope of the international Measures of assistance in connection with criminal investigations or criminal proceedings relating capital legitimate not impede movements; subject should and be information of shall use measures proper ensure These to safeguards value. to of movements appropriate other and instruments negotiable bearer cash, borders, of national acrossmovementsmonitor and detectto Measures obviously lawful purpose; economicor apparent have no which of transactions, patterns unusual and transactions large suspicious transactions and to report promptly to the Competent Authorities, all complex, unusual utilize effective to measures entities for the andother identification of customers, institutions paying special financial attention to other unusual or and banks require shall regime This financing ofterrorist activities. forthe used being to susceptible particularly deemed entities other and A comprehensive domestic regulatory and supervisory regime for banks, other financial institutions paragraph 1ofthis article. in forth set as offence an commit to group the of intention the of knowledge the in made be Measures to prevent, suppress anderadicate thefinancingof terrorism Liability oflegal entities Domestic Measures Article 5 Article 4 Article 6 97 Regional Human Rights Mechanism in South Asia 98 Regional Human Rights Mechanism in South Asia 3. 2. 1. 2. 1. 5. 4. 3. 2. 1. 2. d) To this end, they shall promote co-operation and the exchange of information to improve their to of information controls on the exchange issuance of travel and identify documents the and to prevent their counterfeiting, and forgery, co-operation promote shall they end, this To arms orothermaterials intended to supportterrorist activities. in trafficking and terrorists of movement international the prevent and detect to measures control regimes, shall and administrative legal promote co-operation and the exchange of information in order to improve domestic immigration and customs respective their with consistent Parties, States within andoutsidethejurisdictionofaState Party. include both committed shall predicate paragraph those offences 1, laundering referred in Money to also includesaspredicate offences thoseoffences set forthinArticle 3ofthisAdditional Protocol. State Parties shall take the necessary measures to ensure that its domestic money laundering legislation and outsidethejurisdictionofaState Party. within both offences committed to respect with apply shall paragraph1 referredin measures to The acting in good faith. parties third of rights the to prejudice without implemented be shall Article this of provisions The to inthis Article. other State Parties, on a regular with or case-by-case sharing basis, of the the funds on derived from agreements the concluding forfeiture to referred consideration give may concerned Party State Each 3 andtheproceeds derived from such offences. the forfeiture of funds used or allocated for the purpose of committing the offences set forth in Article EachState Party takeshall appropriate measures, accordancein domesticits with legal principles, for forfeiture.purposes ofpossible such offences, derived for the from proceeds as as well 3 in Article set forth the offences committing orallocated of the purpose identification, used for ofand or the any funds seizure detection freezing EachState Party takeshall appropriate measures, accordancein domesticits with legal principles, for pertinent money launderingand terrorist financing information. financial intelligence unit to serve as a national center for the collection, analysis and dissemination of a maintain and establish to measures consider shall State Party each Towards above, the facilitating relation to thefree movement ofpeopleandthe facilitation of commerce. in international commitments applicable to prejudice without out carried be co-operation shall Such or fraudulent use. offences set forth inArticle3,withinthe conditions prescribed bydomestic law. agencies of aspects all concerning information competent of exchangerapid and secure facilitatethe their to services and between communication of channels monitoring and Establishing Co-operation onimmigration andcustoms controls Seizure andconfiscation offundsorotherassets Predicate offences to money laundering Article 7 Article 9 Article 8 Article 3ofthisAdditional Protocol. in forth set offence an committed has she or he that considering for reasons serious are there whom of respect in person any granted to not is refugee status that ensuring international law, of purpose the for and national relevanttakeof Stateprovisionsthe Eachappropriateshall Partyconsistentmeasures, with or anoffence connected withapolitical offence oran offenceinspired bypolitical motives. extradition or mutual assistance may not be refused on the sole ground that it concerns a political offence for arequest oranoffence Accordingly, motives. by political offence inspired offence an or political offence political inthe a as a with connected be established regarded shall theoffences 3, of inArticle none forth set assistance, instruments international legal mutual or extradition of purpose the For mutual legal assistance onthesoleground that itconcerns afiscal offence. or for extradition for a request refuse not may Parties Accordingly, State offence. fiscal a as assistance, None of the offences set forth in Article 3 shall be regarded, for the purpose of extradition or mutual legal 2. 1. this AdditionalProtocol. to Mutual Legal Assistance shall apply, mutatis mutandis, in respect of the offences set forth in Article 3of The provisions of Article VIII of the 1987 SAARC Regional Convention on Suppression of Terrorism, relating established intheinternational instruments listed inArticle3. the offences to combat legaland action enforcement of law domestic effectiveness the enhance respective administrative to systems, the with consistent one another, with closely work shall Parties States set forth inArticle3ofthisAdditional Protocol. relating to the duty to Terrorismextradite of or prosecute Suppression shall apply, on mutatis Convention mutandis, in Regional respect of SAARC the offences 1987 the of IV Article of provisions The apply, mutatis mutandis, in respect oftheoffences set forthinArticle 3ofthisAdditional Protocol The provisions of Article III of the 1987 SAARC Regional Convention on Suppression of Terrorism shall Co-operation amonglaw enforcement authorities Exclusion ofpolitical offence exception Exclusion ofFiscal Offence exception Mutual legal assistance Denial ofrefuge status Extradition Article 12 Article 11 Article 10 Article 15 Article 14 Article 13 99 Regional Human Rights Mechanism in South Asia 100 Regional Human Rights Mechanism in South Asia shall beread andinterpreted together asasingleinstrument. at Kathmandu on 4 of Convention Suppression ProtocolSAARC the Regional on supplements Additional This Terrorism, done (b) (a) State Parties shallholdperiodic consultations, asappropriate, withaview to facilitating: of thisAdditional Protocol. other regional and international organizations conducting activities with relatedtraining to programmes theobjectives andpurposes and co-operation technical appropriate, where promote, shall Parties State of theCharter oftheUnited Nations, international humanitarian law, and international humanrights law. and and obligations rights other responsibilities of States and individuals as under affecting international law, in particular, be interpreted the purposes and principles shall Protocol Additional this in Nothing 2. 1. for any ofthesereasons. person’s that position to prejudice cause would request the with compliance that or opinion, political or origin nationality, person’s religion, ethnic that race, of account on person a punishing or prosecuting of believe that the request to extradite or to provide mutual legal assistance, to has been made grounds for to the substantial purpose has an obligation Party State requested the if asimposing assistance, legal mutual provide be interpreted to or extradite shall Protocol Additional this of provisions the of None investigate andpunishoffences withinthe scope oftheAdditional Protocol. detect, to prevent, and methods means effective on experiences and information of exchange The The effective implementation ofthisAdditional Protocol; and authorities ofthat otherState Party by its domestic law. the for reserved exclusively are that ofanother functions of performance or jurisdiction in the territory of exerciseParty State to undertake Party a State entitles Protocol Additional this in Nothing in thedomestic affairs ofother states. with the principles of sovereign equality and territorial integrity of states and that of non-intervention consistent amanner in Protocol Additional this under obligations their out carry shall Parties State th November, 1987. The 1987 SAARC Regional Convention and this Additional Protocol Principles ofSovereign Equality andTerritorial Integrity Rights andObligations underInternational Law Relationship to SAARC Convention Technical Co-operation Technical Non-discrimination Consultations Article 18 Article 17 Article 16 Article 21 Article 20 Article 19 His Majesty’s Government of Nepal Minister of External Affairs Minister of Foreign Affairs Nine OriginalsintheEnglishLanguage all texts beingequallyauthentic. DONE have signedthisAdditionalProtocol. IN WITNESS WHEREOF entered into force inaccordance withArticle 23. State.The Secretary-General Member shall also inform Member States each of the date on which this Additional to Protocol will have instruments ofsuch copies certified transmit shall Secretary-General The notify Ratification. of shall Instruments of and deposits all and Protocol Protocol Additional Additional this to signatures this of States Member of depositary the be shall SAARC of Secretary-General The seventh Instrument the ofRatification withtheSecretary-General of of SAARC. deposit of date the following day thirtieth the on force into enter shall Protocol Additional The Secretary-General ofSAARC. withthe bedeposited shall of Ratification Instruments ratification. to subject be shall It Kathmandu. in Secretariat SAARC the at SAARC of States Member all by signature for open is Protocol Additional This Republic of Bangladesh DR. BHEKH DR. B. THAPA Ambassador-at-Large M. MORSHED KHAN YASHWANT SINHA Republic of India in ISLAMABAD, PAKISTAN, On This The Sixth Day of January Of the YearISLAMABAD,the PAKISTAN,in in Of Twoand January Four of DayThousand Sixth The This On the undersigned, being duly authorized thereto by their respective Governmentsrespective their theretobyauthorized duly being undersigned, the Democratic Socialist Republic ofSriLanka Minister ofForeign Affairs Signature andratification TYRONNE FERNANDO Entry into Force Depositary Article 24 Article 23 Article 22 Islamic Republic of Pakistan LYONPORINCHHEN NADO Minister ofForeign Affairs Minister ofForeign Affairs Minister ofForeign Affairs KHURSHID M. KASURI Republic of Maldives Kingdom ofBhutan FATHULLAJAMEEL 101

Regional Human Rights Mechanism in South Asia 102 Regional Human Rights Mechanism in South Asia J. I. H. G. F. E. D. C. B. A. ANNEX

Assembly oftheUnited Nations on 9December 1999. of Financing the International General of Convention Suppression Terrorism,approvedthe the by for bly oftheUnited Nations on15December 1997. International Convention Suppression of the for Terrorist approved Bombings, General the by Assem Continental Shelf, done at Rome on 10March 1988. the on located Platforms Fixed of Safety the against Acts Unlawful of Suppression the for Protocol Rome on10March 1988. at done Navigation, Safety Maritime the of against Acts Unlawful of Suppression the Convention for Aviation, signed at Montreal on24 February 1988. tion, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil InternationalAvia Civil Serving Airports at Violence of Acts Unlawful of SuppressionProtocol the for Convention onthePhysical Protection ofNuclear Material, signed atViennaon3March 1980. United Nations on17December 1979. the of Assembly General the by adopted Hostages, of Taking the against Convention International 1973. cluding Diplomatic Agents, approved by the General Assembly of the United Nations on 14 December Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, in al on23September 1971. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montre 1970. December 16 Aircraft, on of Seizure Hague Unlawful the of at Suppression signed Convention the for - - - - Cooperation onEnvironment SAARC Convention on

A nnex 10 103

Regional Human Rights Mechanism in South Asia 104 Regional Human Rights Mechanism in South Asia 105

Regional Human Rights Mechanism in South Asia 106 Regional Human Rights Mechanism in South Asia 107

Regional Human Rights Mechanism in South Asia 108 Regional Human Rights Mechanism in South Asia in SouthAsia,Agreement onEstablishing theSAARC Food SecurityReserve; Children for Prostitution, SAARC Convention on Regional Arrangement for the Promotion ofChild Welfare Combating Convention PreventingSAARC and on the of Women and adoption TraffickingRecalling in the Article 2.xiioftheSocialCharter of SAARC adopted 2004; on4thJanuary in stipulated as society civil of strengthening and integration social of promotion youth, and children of rightsand of human and protection fundamental freedoms for all, in observance for particular the right to development, gender equality, welfare respect and interest universal of promotion the Welcoming of thewelfare ofthepeoplesSouthAsiaandimprovement oftheir qualityoflife; Taking note that Article 4 of the SAARC Charter stipulates as one of the objectives of the SAARC promotion cooperation withintheir respective political and economic systems; problems, interests and aspirations of the peoples of South Asia and the need common for the joint of 3 awareness action and Article in enhanced and region; the in progress and stability, amity peace, promoting of vision the 1 Article in expresses 1985, December 8th on adopted Charter SAARC the thatTaking note the People’s SAARC process inholdinggovernments ofSAARC accountable; in South Asia struggling for democracy, human rights, justice and peace, including various initiatives under Reaffirming the long tradition and history of the people’s movements and non-governmental organizations establishment ofSouthAsianhumanrights mechanisms. strategies of advancing human rights promotion and protection through regional cooperation towards the March 2010, with the participation of representatives from OHCHR, to critically discuss the prospects and Workshop on “South Asia Human Rights Mechanism”, gathered together in Kathmandu, Nepal on 24 – 25 Sub-Regional first the at Lanka Sri and Pakistan from Nepal, Malaysia, movements Indonesia, India, andpeople’s Bhutan, Bangladesh, organizations non-governmental of representatives seventy the We, held inKathmandu, Nepalon24-25March2010. Mechanism Rights Human Asian South a on Workshop Sub-Regional First the of document Outcome Kathmandu Declaration, 2010 A nnex 11 109

Regional Human Rights Mechanism in South Asia 110 Regional Human Rights Mechanism in South Asia Resolve inthemeeting: violence against women andchildren. and hunger, unemployment, includes that issues multilateral pressing address must SAARC that Noting of allforms ofdiscrimination, including religious intolerance. Recognizing the need for SAARC to adopt a rights-based and gender-sensitive approach to the elimination trafficking withspecific reference to women,children, youth,andmigrant workers. from free water, be education, food, to health, and to development, right the including principles, those respect to obliged are and declarations summit SAARC in and instruments international of number a rights in of human values and principles universal the affirm to continue countries SAARC that Recalling for theestablishment ofregional humanrights mechanisminSouthAsia; Welcoming initiatives of Nepali Human Rights NGOs through the Magna Meet held on 10 December 2009 better qualityoflife by thepeoplesin region; state conflicts continue to plague the region and hinder the enjoyment of peace, justice, democracy and a inter-statesystematic violations, rights and widespreadgrave human intra-Expressing that and concerns 2010; April 21-23 on Bangkok in government Thailand by hosted be to and Rights, Human onRegional for Commissioner Framework Pacific Asia the of Arrangement on the meeting Promotion and Protection of Human inter-governmental Rights will be organized by the next Office of the High the that note Taking Bhutanese government inThimpu,onthe28thand 29thApril2010; Taking note that theSAARC governmentsbe meeting will for the16th SAARC Summit to behosted by the the promotion andprotection ofhumanrights where they donotalready exist; states endorsed, member SAARC which (1993) reiteratedestablishingof sub-regionalregionalpossibility arrangementsand to considerthe need the for ofAction Plan and Declaration Vienna the Recalling suitable regional for machinery thepromotion andprotection ofhuman rights; yet exist to consider agreements with a view towards the establishment within their respective regions of not do rights Statesto human areas appeals where of regionalarrangementsin the field on the (1978) in (XXXIV) 24 Resolution Rights Human on Commission and 32/127(1977) Resolution UNGA the Recalling • • • processes; peoples’ these with cooperation in work to and accountable governments SAARC make to order rights human among on shared visionfor the protection solidarity andpromotion ofhumanrights inthe region; and cooperation the strengthen organizations, non-governmental organizations people’s and countries Asian South movement of further to need the for address humanrightschallenges facedbythecountriesinregion; to mechanism rights human regional effective and independent an and society civil the among to continue the work towards the establishment of an effective regional human rights network rights human regional effective an of establishment the towards work the continue to o upr pols poess n h rgo i srnteig epe o epe oiaiy in solidarity people to people strengthening in region the in processes peoples’ support to • • • • conformity withtheParis Principles. in institutions rights human national possible as soon as form to Bhutan and Pakistan on call to human rights mechanism inSouthAsia; ofregional the development support and violations rights human border cross address to themselves systematic among cooperation more and closer forgeAfghanistanto and Maldives Lanka, Sri Nepal, India, in Bangladesh, institutions rights human national the on call to organizations, non-governmental people movements at national and regional level; with consultation wide of process a through rights, human regional human rights mechanism with an explicit mandates of promoting, protecting and fulfilling accountableeffective and independent, an establishto Asia South governmentsof the on call to to communities, marginalized participate intheprocess; including groups, more encourage continue to and region the in mechanism rights human regional a of establishment the towards strategies joint and lobby advocacy, collective building, capacity on movements people’s and organizations governmental to establish a working group to develop common strategies and effective cooperation among non- 111

Regional Human Rights Mechanism in South Asia 112 Regional Human Rights Mechanism in South Asia 4. 3. 2. 1. Asia, 25-26July2011,Kathmandu, Nepal South in Mechanism Rights Human a on Workshop Sub-Regional Second the of Document Outcome A The Workshop proceeded to examine the prevailing situations within the region, as well as SAARC’s as well as region, the within situations prevailing the examine to proceededWorkshop The 16 the at that fact the noted Workshop The of the continuation the was Workshop The The perspectives.’and issues rights human universal of understanding common a develop region our in people help could mechanism implementedlawsrightsa SAARCareand by human such observedmembers. And protect human rights and fundamental freedoms in their jurisdiction. It could ensure that international and promoteto States Asian South the help could mechanism This region. ASEAN the fordeveloped being one the to similar mechanism, rights human regional a establishing consider should ‘…SAARC Republic oftheMaldiveshadpointedout,amongothers,that good offices forsubmission tothe16 as the Mechanism Rights Human Rights Asian aSouth of Mechanism withintheframework oftheSouthAsianAssociation for Regional Cooperation (SAARC). establishment the for opportunities and prospects the depth in in Nepal—discussed (OHCHR) Rights Human for Commissioner High Nations United the of Office the and (AICHR) Rights Human on Intergovernmental Commission ASEAN the representatives from with countries, together Asian South academics from and independent experts (NHRIs), institutions rights Service Centre (INSEC) with participants from non-governmental organizationsSector (NGOs), Informal nationalthe human by hosted and (FORUM-ASIA) Development and Rights Human for Forum Asian responses ofState andnon-State actors withintheSAARCthe framework. including development, and rights human democracy, of context the within work, of years 25 nnex Second Sub-Regional Workshop on Human Rights Mechanism in South in Mechanism Rights Human on Workshop Sub-Regional Second KathmanduDeclaration 12 Kathmandu Statement 2011

held in Kathmandu, Nepal on 24-25 March 2010 March 24-25 on Nepal Kathmandu, in held (2010) was presented to the then seeking his seeking Nepal Ministerof Prime then presentedthe wasto (2010) th SAARC Summitheldin th is SbRgoa Wrso o Suh sa Human Asian South on Workshop Sub-Regional First

SAARC Summit, President Mohamed Nasheed of the of Nasheed Mohamed President Summit, SAARC Thimpu, Bhutan on28-29April2010. : . Its outcome document, known document, outcome Its

Asia—organized by the by Asia—organized 5. Based on these initiatives, at the very outset, the Workshop reviewed the existing SAARClegal existing the reviewed the Workshop very outset, the at initiatives, these on Based human sub-regional relevant a of establishment the towards work to was consensus general The towards realisinghumanrights forallin‘aregionofdemocracies’; Appreciated consideration attheUNHRCthroughinitiativeof someSAARCcountriesandothers; under is it as development sustainable and rights human on impacting change climate of issue the of the signing Endorsed eminent personalitiesandothers; Asia, Welcomed be operationalised after25years; to yet is which development to right the including objectives, the in stated as rights human to Affirmed all implementing therecommendationsasoutcomesofUPR; involve should towards efforts which undertake and (UNHRC), countries, respective their Council in NGOs Rights including stakeholders relevant Human Nations United the of (UPR) Review Acknowledged of reservationstothesetreaties; removal the with together completed be to need which States, member SAARC by ratified protocols, Recognized withthe allindividuals provide ‘to need the opportunity to live indignityandto realise theirfullpotential”; as well as self-determination, equality, non- of and discrimination theprinciples emphasizes others, among which Charter’, Nations United the of Recalled and others. Thus,theparticipants ofthe Workshop: arrangements for meaningful participation of NGOs, NHRIs, Parliamentarians, the Judiciary, the media basic premises in the path towards establishing a sub-regional human the rights provide mechanism that with Declarations adequate and Agreements Conventions, Charters, its of form the in framework noted theefforts undertaken by NGOswithinthe region following thefirst Workshop. Awareness and National Capacity Building in New Delhi, India on 16-18 April 2009. The Workshop also Rights Human on Countries Asian South of NHRIs of Conference the at adopted resolution common a through group, regional a as interact to begun have which region, the within NHRIs of role the on human rights particularfocus and a international There was Nations. United the of mandate the under those including mechanisms, regional national, existing account into taking mechanism rights

and the emphasis for developing a ‘Vision Statement’ with convocation of a ‘

that the foundational Charter of SAARC which stipulates ‘ stipulates which SAARC of Charter foundational the that

the centrality of social development in the in development social of centrality the the deep concern expressed by the SAARC leaders for environmental degradation and the and degradation environmental for leaders SAARC the by expressed concern deep the the

the initiative on the on the initiative h goig ubr f nentoa hmn ihs rais icuig hi related their including treaties, rights human international of number growing the SAARC Convention on Cooperation on Environment on Cooperation on Convention SAARC

the engagement of all SAARC countries in the newly established Universal Periodic Universal established newly the in countries SAARC all of engagement the Thimpu Declaration of the 16 the of Declaration Thimpu AR Catr f Democracy of Charter SAARC th

AR Smi 2010 Summit SAARC SAARC Social Charter Social SAARC

hc ofr ape opportunities ample offers which

strict adherence to the principles the to adherence strict which, inter alia, should address should alia, inter which, : oad a re ad Happy and Green a Towards

with its inherent nexus inherent its with South Asia Forum’ of 113

Regional Human Rights Mechanism in South Asia 114 Regional Human Rights Mechanism in South Asia 1. 6.1. To SAARC Leaders: Taking on board all the deliberations of the two-day Workshop, the participants put forward the put theparticipants Workshop, two-day the of deliberations the all board on Taking following recommendations addressed to specificparties: South AsianCommunity.’ ofthe sections different to out reach to need the to regard this in attention ‘drew and diplomacy’ Summit the by acknowledged also been has which domain public the in visibility limited its to due Underlined social development, on justice anddemocracyinrealising efforts SAARC of outcome logical a as mechanism rights sub- a human of regional establishment the facilitate would that processes towards forward moving of necessity Recalled human rightsaspectslinkedtospecificissuesandsituationsintheSouthAsianregion; Underlined as providedinArticleVIIIoftheConvention; Asia South Called arrangements fortheAsia-Pacificregion; rights human broader for block building essential an are which mechanisms rights human regional sub- of development the towards work to countries by initiatives particularly 2010, Region April 21-23 Asia-Pacific on the in Rights Human of Protection the for Cooperation Affirmed iv. iii. ii. i. v. Towomen’sand promoteequality gender empowermentmainstreamingthroughgender into all To explore the path towards the establishment of a regional human rights mechanism with genuine ofthe and objectives the principles of operationalisation full the consider To ‘Vision a formulate to occasion possible earliest the at Forum’ Asian ‘South the convene To To explore the possibilities of developing a multilateral framework for the protection of the welfare take placeintheMaldiveson10-11November2011; forthcoming the at participation society civil meaningful and participation ofcivilsociety,includingNGOsinitsimplementation; and other international human rights instruments, with suitable arrangements for the meaningful human Charter Summit Declaration stake-holders,with due consideration given other to the promotion and protection and of human rights as per the persons eminent of involvement full the with SAARC for Statement’ and livelihood ofSouthAsianpeople,and addressing concerns related to hunger andpoverty; areas ofconcern ofSAARC; for the

where (29 April 2010) ‘ 2010) April (29 where the all existing provisions available within the SAARC legal framework clearly underscored the underscored clearly framework legal SAARC the within available provisions existing all

to be fully implemented involving non-governmental and community-based organisations

rights consistent with the provisions of the and the and the challenges and opportunities that exist for SAARC as a regional body to move forward the multiple initiatives undertaken by undertaken initiatives multiple the Bangkok Action Points Action Bangkok SAARC Convention on Regional Arrangements for the Promotion of Child Welfare Child of Promotion the for Arrangements Regional on Convention SAARC AR Catr f Democracy of Charter SAARC of April2010 the leaders laid emphasis on effective communications and public and communications effective on emphasis laid leaders the SAARC SocialCharter; adopted at the adopted . People’s SAARCPeople’s

atclry h osrac ad rtcin of protection and observance the particularly 15 Universal Declaration of Human Rights th

Workshop of the Framework on Regional on Framework the of Workshop

17 and its need to focus further on further focus to need its and th

SAARC Summit SAARC raie b OHCHR by organized AR Social SAARC scheduled to scheduled

(UDHR), Thimpu Thimpu

in 6.4. To theSouthAsianNon-Governmental Organizations (NGOs): 6.3. To theNational HumanRights Institutions (NHRIs)ofSouthAsia: 6.2. To theSAARC Parliamentarians: 6.5. To theUNOfficeofHighCommissioner forHuman Rights (OHCHR): i. i. i. i. To provide necessary technical support and cooperation to the initiatives undertaken by undertaken initiatives the to cooperation and support technical necessary provide To Asia. South in mechanism rights human sub-regional a towards NGOs and NHRIs governments, To remain committed to setting up asub-regional human rights mechanism through continuous concerns, and issues rights To human addressing common meetings biannual maintaintheir forthcoming 17thSAARC SummitNovember 2011; attention the close to paying vision, People’scommon the a frameworkof the within SAARC including networks organizations and society civil other and governmentsengagement with human rights intheregion; protecting of means additional an as mechanism rights human regional common a develop to society, Asia civil South consultation with in in NHRIs, of role the exploring and remedies, finding towards efforts concerted through violations rights human cross-border including Charter ofDemocracy; human rights, thereby of ensuring andprotection the full implementation promotion of effective the the towards mechanisms oversight explicit initiate To interact periodically through the ‘Conclave of SAARC Parliamentarians’, and among others, SAARC Social Charter and SAARC 115

Regional Human Rights Mechanism in South Asia 116 Regional Human Rights Mechanism in South Asia nlsv dbts n gop ok te hv cnldd n ul gemn wt gvrmn ad civil and government with society members asbelow: agreement full in region; andafter concluded the have they in work; issues group and debates and inclusive situation rights human discussed Conference the of Participants tackling humanrights issuesandconcerns. human rights activities reiterated the need for SouthAsian Human Rights Mechanism and its efficiency in will address common and shared human rights issues in the region. In addition, civil society members and about the origin and need for the South Asian Human Rights Mechanism. They stressed that the mechanism PakistanDr.and and talkeddetailsTaskNepal Samar in India, fromhaveSima come Forcewho members Regional Cooperation (SAARC) for thesaidobjective. region. Further, they assure about Afghan government as member support Asian Associationof South for in rights human promoting and protecting of terms in mechanism a such having for need reiteratedthe Deputy Minister of Ministry of Justice and Director of Human Rights Regional Department of Foreign Affairs Number ofparticipants who represented above saidinstitutions reaches110 persons. embassies; and members from UN agencies such as UNDP and UNAMA attended the said conference. and Pakistan Indian, representative from country; the across representatives from CSOs members; staff and Commissioners Rights Human Afghanistan; Afghanistan Independent of Defence and Affairs Foreign for Human Rights and Development (FORUM-ASIA). In addition, representatives from ministries of Justice, Forum Asian at ProgrammeOfficer Asia South Gayatri Khandhadai- and Mechanism Rights Human Asian Pyakurel Raj Subodh and Jilani attended Hina by Task Force members Initiative the Regional South for for Kabul-Afghanistan in January 28 on held been has conference The Asia. South the in mechanism rights New Delhi 2012; and Dhaka 2012 following the same track about the need for establishing regional human 2011; and 2010 Kathmandu as namely steps earlier up building and relation in held is ConferenceKabul A nnex Establishing SouthAsianHumanRights National Consultation Conference on 13 Afghanistan Independent HumanRights Commission Kabul-Afghanistan Mechanism 28, January 2014 28, January

Done inKabul- Afghanistan 2014 on28January Rights Mechanism(namesand contact details willbeaddedsoon); Human Asia South establishing towards level national on steps upcoming determine and advocate up, Resolving in harmony viaproviding specific recommendations toend poverty andimprove economic situation; interrelated and can affect social-economical situation, South Asia Human Right Mechanism will contribute Reiterating mechanisms are inplaceby NHRIsandCSOs; Reaffirming liberty inrespective countries; and work to thisendwith governments inthe region; Proposing countries intheregion; andcreate confidence between theStates andpeopleinthe region; Reaffirming sustainability andadvocating for SouthAsiaHumanRights Mechanism; Reaffirming violation emerged from the corruption anddrug trafficking andliving environment issues. rightsmigrantsof migrantand workers and address common human rights issues/concerns including human trafficking, Noting Asia HumanRights South Mechanism” to beincludeinupcoming SAARC summit. for Initiative “Regional idea of the and affairs foreign of ministry respective Proposing regional mechanisminSouthAsia; Resolving Recognizing Recalling respective States willmore adhere to national and international humanrights norms standards; Reiterating +93 700202826|790690555| [email protected]| http://www.aihrc.org.af/ Public Relations andUN Recommendations Implementation Monitoring Office| AIHRC in particular that “South Asia Human Rights Mechanism” will provide broader adherence of States thepledge ofallSouthAsianStates for greater integration and co-operation; to advocate for greater support for the creation of an independent, effective and efficient effective an independent, of creation the for support greater for advocate to that the Task Force should form and formulate platforms that ensure regular contacts with contacts regular ensure that platforms formulate and form should Force Task the that a network of human rights defenders/professionals and CSO members is established to followto established is membersdefenders/professionals rightsCSO human and of network a that that democracy is further strengthened via transparent elections; and electoral process monitoring the between relationships enhance further will Mechanism Rights Human Asia South that that poverty restricts people’s enjoyment of their human rights, economical dynamisms are dynamisms economical rights, human their of people’senjoyment restricts poverty that therationale andurging need for a regional humanrights mechanism for SouthAsia; the essential role of CSOs and human rights defenders in term of establishing, effectiveness, establishing, of defenders rights term in human and CSOs of essential role the

the intended mechanism should develop monitoring methods to places of deprivation of deprivation of places to methods monitoring develop should mechanism intended the South Asian Human Rights Mechanism it self will enhance political will in the region and region the in will political enhance will self it Mechanism Rights Human Asian South , violence against women and children, people with disability rights, protection of the human 117

Regional Human Rights Mechanism in South Asia 118 Regional Human Rights Mechanism in South Asia mechanism inSouthAsia; Resolving protect thepluralistic nature ofthe region; Emphasizing protection ofhumanrights andsetting up a regionalmechanism forempowerment of women; Recalling parts oftheworld; Cognizant end impunityandensure peaceandharmony inPakistan and theregion; of the society that are denied the protection of the rule of law and civilised governance, is the only way to Recognizing goal workingof towards freedom ensuring andrights for all; Committing fair trialthrough the18 and education information, to right the include to Pakistan of Constitution the in Rights Fundamental of Encouraged and rights human of protection and fundamental freedoms for observance all; and for respect universal promote to region the in States for Democracy,2011 need of the Charter of Charter, the and Social SAARC 2004 the in recognition Noting Cooperation; treaties instruments and including instrumentsregional through Association Asian South the for Regional Reminding Constitution of Pakistan andotherSouthAsian States; Recalling A nnex the initiatives taken by SAARC and South Asian states in the field of human rights and the explicit the and rights of human field the in Asian states South initiatives and taken SAARC the by the guarantees and protection of human rights and fundamental freedoms enshrined in the in enshrined freedoms fundamental and rights human of protection and guarantees the the commitments made by Pakistan and other States in the Addu Declaration, 2011 for the for 2011 Declaration, Addu the in States other and Pakistan by made commitments the to mobilise greater support for the creation of an independent, effective independent, efficient regional and an creation of forthe greatersupport mobilise to of the fact that regional human rights mechanisms are emerging and expanding in different in expanding and emerging are mechanisms rights human regional that fact the of South Asian States of the commitments made under several international human rights human international several under made commitments the of States Asian South to a culture of peace and fraternity among all peoples and States in South Asia and our common by the decision to set up a National Human Rights Institution in Pakistan and the enlargement that adequate protection and enjoyment of human rights for and by, especially those sections the rationale and need for a regional human rights mechanism for South Asia to promote and 14 th Lahore Declaration, 2014 Amendment; 10 June2014,Lahore, Pakistan • • • • • • Mechanism’, Lahore, Rights 10 Human Asia a South for Consensus Building on Workshop ‘National the at participants the We, ensuring effectiveness ofaSouthAsiaHumanRights Mechanism; Reaffirming drug trafficking, terrorism andliving environment issues; violence against women and children, people with disability rights, violation emerged from corruption and migrant workers, and migrants of rights human the of protection minorities, of of rights prisoners, treatment foreign trafficking, human including issues/concerns rights human common address and States Noting a SouthAsiaHumanRights Mechanism establishment of the to relating discussions Summit SAARC 2014 the of Agenda the in inclusion Ensure of aregionalmechanismfor theempowerment ofwomenasdirected intheAdduDeclaration, 2011 Followinitiativesthe on up the of up for setting Inter-governmental Group Expert thefor establishment mandate for theprotection andpromotionofhuman rights a with Mechanism Rights Human Asia South robust a of establishment the towards collectively Work deliberations on common concerns thushelping SAARC better dischargeitshumanrights engagements Ensure maximum facilities, especially minimizing visa restrictions for civil society in the region to enable for all Facilitate greater cooperation among National Institutions in the region towards ensuring human rights delay andstrengthen theexisting Institutions forgreater effectiveness Establish a fully Paris Principles compliant National Human Rights Institution in Pakistan without further in particular that the “South Asia Human Rights Mechanism” will provide broader adherence of adherence broader provide will Mechanism” Rights Human Asia “South the that particular in the essential role of CSOs and human rights defenders in advocating for, establishing and establishing for, advocating in defenders rights human and CSOs of role essential the th June 2014call ontheGovernment ofPakistan andallSouthAsianStates to: 119

Regional Human Rights Mechanism in South Asia 120 Regional Human Rights Mechanism in South Asia advocating for, establishing andensuring effectiveness ofaSouthAsiaHumanRights Mechanism; Reaffirming mechanism inSouthAsia; Resolving protect thepluralistic nature ofthe region; Highlighting ferent partsoftheworld; cognizantBeing mon goal ofworking towards ensuringfreedom andrights for all; Committing a life ofdignityto theirfullest potential; common resolve for ensuring that the peoples of South Asia are free from oppression and are able to live Emphasising change whichshallrequire concerted andcooperative efforts; Prioritising violations affect thelives ofpeoplesacross borders; Expressing ing regional instruments; includ instruments and treaties rights human international under made commitments guaranteeingthe Appreciating States towards institutionalising humanrights inthe region; Recognising South Asia; Recalling A nnex the struggles and the journey towards ensuring the human rights and dignity of the peoples of peoples the of dignity and rights human the towardsensuring journey the and struggles the to mobilise greater support for the creation of an independent, effective independent, efficient regional and an creation of forthe greatersupport mobilise to concern over growing challenges faced by South Asia as a region and the fact that human rights issues including trafficking in women, child rights, condition of migrant workers and climate and workers of migrant condition rights, child women, in trafficking including issues the essential role of National Human Rights Institutions, CSOs and human rights defenders in to a culture of peace and fraternityand culturetocompeace Statesa our of and and peoples Asia all South among in the rationale and need for a regional human rights mechanism for South Asia to promote and the increasingly key role played by the National Human Rights Institutions in South Asian in South Institutions Rights Human National the by played role key increasingly the the efforts made by National Human Rights Institutions in assisting South Asian States in States Asian South inassisting Institutions Rights Human National by made efforts the that regional problems require regional solutions, which can only be achieved through a through achieved be only can which solutions, regional require problems regional that of the fact that regional human rights mechanisms are functioning and expanding in dif in expanding and functioning are mechanisms rights human regionalfactthat the of 15 Dhaka Resolution, 2014 18 November 2014,Dhaka, Bangladesh - - - • • • • • • • • Dhaka, 18 Mechanism”, Rights Human Asian A South Consultation: Towards ‘Regional the at participants the We, above objectives the fulfilling for and rights, human protect and promote to cooperation and collaboration of bond inter-NHRI to strengthen the Region in Institutions National the of consultation annual Convening a regional humanrights mechanismat theSAARC conferences andsummits; and Inclusion of greater deliberations and commitments relating to human rights and the establishment of Mechanism withamandate for theprotection andpromotion ofhuman rights; Rights Human Asia South a robust establish to States member SAARC with advocating Collectively National Institutions; existing strengthen further and Principles Paris with in conformity Institutions Rights Human tional Na to establish Institutions, National no arethere States,where member SAARC the urgingStrongly impact lives across borders; that violations in addressing the region in Institutions National among cooperation fullest Ensuring gion towards better protecting humanrights atthedomestic level; the re in Institutions Rights Human National other to inputs constructive providing and Supporting in addressing thecommon challenges andstruggles ofthepeoplesSouth Asia; the region in Institutions Rights Human National cooperationsystematic among close Enhancing and Asian humanrights a South mechanism; for need the to relating discussions developing in society civil by made efforts Amplifying th November 2014resolve to work towards: . - - 121

Regional Human Rights Mechanism in South Asia 122 Regional Human Rights Mechanism in South Asia ensuring promotion and protection ofall humanrights atthe regional level; national and regional institutions and frameworks capable of rising to the challenges discussed above, and Committed deeply rights spaceascivil society members and citizens; democratic our reclaim to and laws, and policies divisive patriarchy,and capitalism, crony intolerance, trend of increasing illiberalism,extremism, the borders,collaborationto a response regional and build to Aware civil society organizations andothersocialmovements inthe region; defenders, rights human for space and environment enabling facilitate and protection provide to failing Noting society organizations andsocialjustice movements; atAlarmed by actsofStates andvigilante groups; including gender and caste based violence, facing human rights defenders in varying degrees in South Asia disappearances, extra-judicial killings, torture, impunity, counter-terrorism, and all other forms of violence and false criminal charges, funding restrictions, cancellation of registration licenses, abductions, enforced concern serious Expressing for victimsandsurvivors ofhumanrights violations; Reaffirming and reprisals for theirhumanrights defense; Standing in solidarity human rights aselucidated intheInternational BillofHumanRights andotherhumanrights standards; consolidation and promotion of democracy and the rule of law that is built on the foundation of universal Asserting Nepal from 6to 7April2017adopt this declaration: participating in the “Regional Dialogue on ‘Regional Human Rights Mechanism in South Asia” in Kathmandu, human rights defenders including women human rights defenders, academicians and media professionals, We, development networks, and rights representatives human FORUM-ASIA, regional of members of the A nnex with grave concern that the governments, judiciary, and other state institutions are increasingly are institutions state other and judiciary,governments, the that concern grave with that it is extremely necessary to enhance people-to-people connectivity within and beyond and within connectivity people-to-people enhance to necessary extremely is it that our identity as defenders and promoters of human rights, and our indispensable role in the in role indispensable our and rights, human of promoters and defenders as identity our FORUM-ASIA Kathmandu Statement shrinking space for democracy, human rights and the rule of law,of civil implications fordemocracy,rule for its space the and shrinking and rights human our firm commitment to the realisation of all human rights for all peoples, and ensuring justice 16 to the establishment, and strengthening as relevant, of inclusive and gender responsive with all human rights defenders and civil society organizations persecutionssociety facing civil defendersrightsand human all with over ongoing humiliating and degrading treatment, surveillance, fabricated surveillance, treatment, degrading and humiliating ongoing over (Adopted inKathmandu, on7April2017) 3. 2. 1. Call to Action:

79/2 SPDBuilding3rd Floor, Krungthonburi Road, Khlongtonsai, Khlongsan Bangkok 10600,Thailand Thailand.Tel: +66(0)21082643-46,Fax: 66(0)2 1082646 (f) (e) (d) (c) (b) (a) We callhuman rights on defenders andcivilsociety actors to: We callNational on Rights Human Institutions to: We callSAARC on Governments to: (e) (d) (c) (b) (a) (c) (b) (a)

Engage with mediato discuss common humanrights issuesfacing the region. rights human regional a of importance the of aware them make to Workparliamentarians with Form SA People’s Human Rights Commission, national networks to addresses shrinking democratic human rights among connectivity and cooperation collaboration, support, mutual Enhance mechanism, andmobilize theirsupportinits favour; alternative develop discourse andstrategies to promote to therespect for human rights; and policies), rights pro-human create to and extremism challenge (to South Asia People’s Charter ofHuman Rights; spaces and engage it in human rights monitoring, reporting and other works, including drafting of information andmobilize them for defense ofhuman rights; national and regional level; at local, movements progressive and groups community organisations, society civil defenders, Invest in research to create evidence and knowledge base on which to base effective advocacy effective base to which on base knowledge and evidence create to research in Invest Engage in human rights awareness and education at the community level to empower people with respective countries. mechanism, andtake measures towards theestablishment ofsuchamechanism. relaxing visaregulations andother restrictive orders and policies; had accessto redress andjustice; have violence of victims the that and actions; their for accountable responsible those hold and rights defenders andrestrict thespacefor civilsociety to operate freely; Ensure that the nationals of foreign countries are wrongfully not persecuted prosecuted, and and Investigate human rights violations and abuses committed by both state and non-state actors, and Establish and strengthen national human rights institutions in line with Paris Principles in ParisPrinciples with line in institutions rights human national strengthen and Establish human rights Asia regional aSouth of establishment the towards efforts society civil Support by regionally travel free to right the including movement, of freedom to right the Guarantee actors, non-state and by state both committed violations, and abuses rights Investigate human human of work the restrict and criminalise that provisions legal and laws repressive all Repeal that they enjoy basichumanrights asguaranteed by international covenants. rights law; human international with conflict in are that policies and laws repeal law,to rights and human instruct Governments to holdthoseresponsible accountable andprovide justice victims; to the Encourage governments to ensure that national laws and policies are in line with international with line in are policies and laws national that ensure to governments Encourage Webpage: http://www.forum-asia.org , Email:i [email protected] 123

Regional Human Rights Mechanism in South Asia 124 Regional Human Rights Mechanism in South Asia E-mail: [email protected] Fax: +66(0)21082646 Tel: +66(0)21082643-45 Bangkok, 10600Thailand S.P.D Building 3 Asian Forum for HumanRights andDevelopment (FORUM-ASIA) rd Floor, 79/2Krungthonburi Road, KhlongTon Sai, KhlongSan