| 60th
Session of the UN Commission on Human Rights
Agenda
Item 17(b) Human Rights Defenders
Joint oral statement
by Asian Forum for Human Rights and Development (FORUM-ASIA), Asia
Pacific Forum on Women, Law and Development (APWLD), International
NGO Forum on Indonesia Development (INFID), Netherlands Organisation
for International Development Cooperation (NOVIB), Third World Movement
against Exploitation of Women and International Women’s Rights
Action Watch Asia Pacific (IWRAW Asia Pacific)
14 April 2004
Geneva, Switzerland
Speaker:
Supinya Klangnarong
Conclusion of the Special Representative of the Secretary-General
on Human Rights Defenders’ mission to Thailand 2003
We strongly
welcome the conclusion of the mission report to Thailand of the
Special Representative of the Secretary-General on Human Rights
Defenders [E/CN.4/2004/94/Add.1] that Thailand has proven to be
a haven for human rights defenders in the region, as attested by
the fact that many organisations, including the United Nations,
has chosen to establish offices there [para 72].
At the same
time, we note the Special Representative’s concerns that Thailand’s
regional human rights role may be declining, and that it is of fundamental
importance for the region that this role be preserved [para 73].
We further urge
the Thai government to immediately implement the Special Representative’s
recommendation [para 76 (c)] to consider ways to ensuring a more
stable legal and practical environment for human rights defenders
working on behalf of human rights in the region. This includes,
in particular, the consideration of the adoption of a policy that
would ensure greater stability for defenders working to support
respect for human rights in Myanmar, including opportunities to
register and conduct their activities in a context of transparency
and safety.
Asian States
cooperation with the Special Representative on Human Rights Defenders’
mandate
The Special
Representative concludes in her 2003 report to the Commission on
Human Rights that the patterns of restrictions being imposed by
governments reflect very serious challenges to the implementation
of human rights standards themselves.
We also take
note of the Special Representative’s report regarding Asian
governments’ cooperation to the communications send out by
her mandate. Out of the total 41 communications sent out in 2003
to 12 Asian governments [1], concerning 104 human rights defenders,
only 12 communications (or 30% of the total communications) related
to 23 human rights defenders have been responded so far by 7 concerned
Asian governments [2]. Moreover, we take note of the Special Representative’s
analysis [E/CN.4/2004/94-para92] on the use of national law either
as a justification for the alleged violations, or as the standards
used by government against its own human rights defenders, as contained
in their responses to these communications.
In addition,
none of the Asia States that are members of the Commission on Human
Rights has issued standing invitation for the Special Procedures
to visit their countries. We urge these Asian states, as an indication
of their commitment to the human rights, to issue standing invitations
to the thematic procedures of the Commission and to adopt the national
policies and legislation for the promotion and protection of human
rights defenders.
Women
Human Rights Defenders
We welcome the
inclusion in the Special Representative’s report [E/CN.4/2004/94/Add.
1] of specific violations against women human rights defenders:
particularly, the continuing harassment of Shan and other ethic
women human rights activists for their work related to exposing
the systematic use of rape by the Burmese military junta against
women in their communities; the dismissal of women trade union workers
and resistance from brothel owners faced by women activists organising
sex workers; the continuing lack of citizenship of indigenous peoples’
in Thailand which make women vulnerable to sexual abuse from local
government officials to obtain ID cards and generally affect the
legal status of women human rights defenders working on indigenous
concerns.
We recommend
that firstly, women rights should be recognised as fundamental human
rights, including freedom from sexual violence, the right to work
and organise, and the right to citizenship of indigenous peoples
to ensure respect for the work of women human rights defenders on
these issues; secondly, the critical contribution of women human
rights defenders, should be accorded due and full recognition, particularly
ensuring participation by women in peace building in conflict areas
in accordance with UN Security Council Resolution 1325; and lastly,
for States’ initiative of holding consultations at different
levels, as recommended by the Special Representative, to include
women human rights defenders in order to bring to fore gender-specific
forms of violations against them and develop appropriate strategies
thereto.
National
Human Rights Institutions (NHRIs)
An effective
national human rights protection mechanism is very crucial to the
survival of human rights defenders in Asia. Respect for the integrity
of NHRIs’ increase its capacity to support human rights defenders,
and is in line with the regional arrangement proposed by many Asian
states as a building block approach toward achieving an effective
regional human rights mechanism.
We urge Asian
states to strengthen resources and greater respect for their National
Human Rights Institutions’ independence and recommendations
[in the light of the Paris Principle (full document)].
Human
Rights Education
Human rights
education is seen as the seed in improving the capability and working
environment of the human rights defenders in Asia, by enhancing
a better appreciation for human rights concepts and practices, especially
for the general public whom the human rights defenders reach and
service.
We urge Asian
states to effectively integrate human rights education into their
national education plan of actions and general curriculums.
Human
Rights Defenders in Conflict Zones
Human rights
defenders in conflict areas in Asia continue to face further regression.
Particular in Aceh (Indonesia), eight communications send out by
Special Representative in year 2003 regarding the safety of 33 human
rights defenders ranging from arbitrary detention, involuntary disappearance,
torture and extra judicial killings have not been responded by Indonesia
government so far. We are concerned to learn from our networks that
three are now subject to death from extra judicial executions [3],
one sentenced to five years under treason charge [4], and two more
still missing[5].
We urge the
Indonesia government to immediately facilitate the concerns of Special
Representative on this matter and to guarantee the subsequent safe
return of the remaining mentioned human rights defenders.
Human
Rights Defenders’ work against Media monopoly
The concentration
of large media groups in the hands of a few business corporations
has raised the concerns of the Special Representative on Freedom
of Opinion and Expression [E.CN.4/2004/62]. We observe that human
rights defenders who campaign to reverse such phenomena have been
under increasing assault. In Thailand, Secretary General of Campaign
for Popular Media Reform, Ms. Supinya Klangnarong, was sued in a
222,000 USD libel lawsuit by the country biggest telecommunication
and media company [Shin Corp], founded by the current Prime minister,
after making public a statement regarding the company’s huge
benefits from state policies since its founder became Prime Minister
in year 2001.
We urge the
Thai government to ensure that the exercise of the freedom of opinion
and expression through media is open and accessible to various actors
of the civil society, and those human rights defenders should not
be persecuted for contributing their efforts in this endeavor.
Relation
between Human Rights Defenders and their States in this Commission
Inside this
Commission, there is a growing tendency of certain Asian diplomats
responding to their NGOs/ human rights defenders oral interventions
by statements that sometimes amount to character assassination.
Some Asian States representatives also take an attitude of total
denial instead of engaging in constructive debate and clarification.
As human rights
defenders from Asia, we face the dilemma of having to participate
in the Commission to internationally raise alerts here due to the
absence of an appropriate and effective forum in the region as well
as the unwillingness, and sometimes hostility, of their own governments
to address its own human rights violation issues as national level.
Instead, these human rights defenders are being accused by concerned
states as western influenced, engaging in naming and shaming of
its own government, and hence continue to face further harassment
back home and abroad.
Hence, we endorse
the Special Representative’s recommendation [E/CN.4/94 –
para104] that States, in consultation with human rights defenders,
adopt, publish and implement a policy on defenders; and encourage
States to create regular forums for consultation between State authorities
and human rights defenders to strengthen dialogue, at national,
regional and international, including inside this Commission on
Human Rights.
Thank you.
Notes
[1] Bangladesh, Cambodia, China, India, Indonesia, Malaysia,
Nepal, Pakistan, Republic of Korea, Sri Lanka, Thailand and Vietnam.
[2] China, Indonesia, Malaysia, Nepal, Sri Lanka, Thailand and Vietnam.
[3] Name: Idriss, Ernita binti Wahab, Bakhtiar
[4] Name: M.Riza Falevi Kirani
[5] Name: Mukhlis ishak and Zulfikar
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