Regional Human Rights Mechanism in South Asia Regional Human Rights Mechanism in South 1 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 Kathmandu. www.forum-asia.org Editorial Team: Debendra Adhikari Javeria Kella Nischala Arjal Rajavelu Karunanithi Shamini Darshni Kaliemuthu Regional Office: S.P.D Building 3rd Floor, 79/2 Krungthonburi Road, Khlong Ton Sai, Khlong San Bangkok, 10600 Thailand, Tel: +66 (0)2 1082643-45, Fax: +66 (0)2 1082646 Geneva Office: Rue de Varembe 1, 2nd Floor 1202 Geneva, Switzerland Tel: +41 (0)22 7402947 Jakarta Office: C/O KontraS Jalan Kramat 2 No. 7, Senen, Jakarta Pusat 10420 Indonesia, Tel: +62 (0)21 3919 006 Kathmandu Office: C/O Informal Sector Service Centre (INSEC), Nagarjun Municipality-10, Syuchatar, Kalanki, Kathmandu, Nepal, Tel: + 977 (1) 5218770, Fax: + 977 (1) 5218251 Email: [email protected], Website: www.insec.org.np/www.inseconline.org Follow-us on: FORUM-ASIA Facebook FORUM-ASIA LinkedIn FORUM-ASIA twitter FORUM-ASIA youtube FORUM-ASIA instagram This publication has been produced with the assistance of the Swedish International Development Cooperation Agency (SIDA). The contents of this publication are the sole responsibility of FORUM-ASIA, and can in no way be taken to reflect the views of the Regional Human Rights Mechanism in South Asia Regional Human Rights Mechanism in South SIDA. 2 Table of Contents 1. CHAPTER 1: General Overview of SAARC 4 2. CHAPTER 2: Human Rights in The South Asia 11 3. CHAPTER 3: SAARC Charters and Human Rights Conventions 24 4. CHAPTER 4: Why a Regional Human Rights Mechanism? 35 5. CHAPTER 5: Past Advocacy Efforts on Establishing A Regional Human Rights Mechanism in South Asia 37 6. CHAPTER 6: Prospective South Asia Human Rights Mechanism 41 7. Annexes • Annex 1: Charter of the South Asian Association for Regional Cooperation 45 • Annex 2: Social Charter 49 • Annex 3: SAARC Charter of Democracy 58 • Annex 4: SAARC Regional Convention on Suppression of Terrorism 60 • Annex 5: Agreement on SAARC Preferential Trading Arrangement (SAPTA) 64 • Annex 6: SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution 78 • Annex 7: SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia 84 • Annex 8: Kathmandu Declaration on Addressing Impunity and Realising Human Rights in South Asia 90 • Annex 9: Additional Protocol to the SAARC Regional Convention on Suppression of Terrorism 95 • Annex 10: SAARC Convention on Cooperation on Environment 103 • Annex 11: Kathmandu Declaration, 2010 109 • Annex 12: Kathmandu Statement 2011 112 • Annex 13: National Consultation Conference on Establishing South Asian Human Rights Mechanism 116 • Annex 14: Lahore Declaration, 2014 118 • Annex 15: Dhaka Resolution, 2014 120 • Annex 16: FORUM-ASIA Kathmandu Statement 122 Regional Human Rights Mechanism in South Asia Regional Human Rights Mechanism in South 3 General Overview of SAARC CHAPTER 1 CHAPTER 1.1 What is SAARC? he South Asian Association for Regional Cooperation, better known as SAARC, is an inter-regional Torganisation whose members comprise of eight nations: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka. Afghanistan is the most recent addition to SAARC, becoming a member in November 2005. The other seven nations were founding members, forming SAARC in December 1985. At the first SAARC summit in Dhaka, King Jigme Singye Wangchuck of Bhutan stated the rationale for the creation of SAARC thus: “We have to bear in mind that in spite of all our heterogeneity, we are geographically one homogeneous unit, that our peoples have lived together in peace and friendship for countless centuries, and that they share many values rooted in our common past.”1 With shared cultural and historical ties, the South Asian countries determined they also share many common challenges and opportunities. The objectives of SAARC as stated in its Charter are to: • promote the welfare of the people of South Asia and to improve their quality of life; • accelerate economic growth, social progress and cultural development in the region and to provide all individuals the opportunity to live in dignity and to realise their full potential; • promote and strengthen collective self-reliance among the countries of South Asia; • contribute to mutual trust, understanding and appreciation of one another’s problems; • promote active collaboration and mutual assistance in the economic, social, cultural, technical and scientific fields; • strengthen cooperation with other developing countries; • strengthen cooperation among themselves in international forums on matters of common interest; and • cooperate with international and regional organisations with similar aims and purposes.2 1 http://www.bhutan2008.bt/en/node/233 Regional Human Rights Mechanism in South Asia Regional Human Rights Mechanism in South 2 SAARC Charter, http://www.saarc-sec.org/SAARC-Charter/5/ 4 SAARC is a regional intergovernmental organisation like the African Union (AU), European Union (EU), the Organisation of American States (OAS), the Caribbean Community (CARICOM), the Arab League, and the Association of Southeast Asian Nations (ASEAN). Given the political sensitivities in the region SAARC remains non-political, and its economic scope has been limited, despite initiatives such as SAARC Preferential Trading Arrangement (SAPTA) and its evolution into South Asian Free Trade Area (SAFTA). The latter agreement aims to reduce customs duties of all traded goods to zero by 2015. Unlike the ASEAN, which has been the model which influenced the creation of SAARC, the economic driver has remained relatively muted. 1.2 Overview of SAARC Structure 1.2.1 SAARC Secretariat and Secretary General The SAARC Secretariat was established in Kathmandu, Nepal in January 1987, and is headed by a Secretary General who is appointed to a three-year term. The Secretary General is chosen from a Member Country in alphabetical order, and is appointed by a Council of Ministers. The Secretary General is assisted by eight Directors from each of the Member States. The purpose of the Secretariat is to “coordinat[e] and monitor[r] implementation of activities, prepar[e] for and service[e] meetings, and serv[e] as a channel of communication between the Association and its Member States as well as other regional organisations”3. The Secretariat has limitations as it is only an implementation body with no decision-making authority. 1.2.2. Charter Bodies Council of Ministers The Council of Ministers is comprised of the Ministers of Foreign/External Affairs of the eight members. The Council is responsible for “formulation of the policies of the Association; b) review of the progress of cooperation under the Association; c) decisions on new areas of cooperation; d) establishment of additional mechanism under the Association as deemed necessary; e) decisions on other matters of general interest to the Association.”4 The Council is mandated to meet twice a year. Standing Committee The Standing Committee is comprised of the Foreign Secretaries of the eight members, and is responsible for “a) overall monitoring and coordination of programme of cooperation; b) approval of projects and programmes, and the modalities of their financing; c) determination of inter-sectoral priorities; d) mobilisation of regional and external resources; e) identification of new areas of cooperation based on appropriate studies.”5 The Committee is mandated to meet as often as necessary, and is expected 3 SAARC Website, http://www.saarc-sec.org/SAARC-Secretariat/18/ 4 SAARC Charter, Article IV (1) 5 SAARC Charter, Article V (1) Asia Regional Human Rights Mechanism in South 5 to submit periodic reports to the Council of Ministers. As a rule, the Standing Committee meets before the biannual sessions of the Council of Ministers. Technical Committee Technical Committees are appointed to implement, coordinate, and monitor specific programmes. Their mandate is “a) determination of the potential and the scope of regional cooperation in agreed areas; b) formulation of programmes and preparation of projects; c) determination of financial implications of sectoral programmes; d) formulation of recommendations regarding apportionment of costs; e) implementation and coordination of sectoral programmes; f) monitoring of progress in implementation.”6 Technical Committees are expected to submit periodic reports to the Standing Committee. Chairmanship of the Technical Committees rotate among Member States in alphabetical order every two years. At present there are six Technical Committees: ● Technical Committee on Agriculture and Rural Development ● Technical Committee on Health and Population Activities ● Technical Committee on Women, Youth and Children ● Technical Committee on Science and Technology ● Technical Committee on Transport ● Technical Committee on Environment Programming Committee The Programming Committee was established