ASIA: Three great protests - In Hong Kong, Sri Lanka and the Omkareshwar Dam in India

September 6, 2012
Contributors: Basil Fernando
Source: Asian Human Rights Commission

When people are hurt by the actions of authorities, they protest. When the hurt is deep and widespread it could give rise to collective modes of protest. Three such protest movements are now taking place in Asia. One is in Hong Kong, where the protesters are young students, supported by parents and a large section of society. They are protesting against proposed curriculum changes, which the government claims have been introduced to cultivate positive moral values and patriotism. However, students and parents see it as a to move to brainwash the young and to undermine Hong Kong's deeply held democratic values.

Another protest is going on amongst the university students and their teachers in Sri Lanka, against the attempt by the government to reduce expenditure in education and limit the opportunities for education under the guise of modernization. They demand that the percentage of expenditure on the education budget should be increased to 6% of the GDP. The government is resisting this protest by closing down all the universities indefinitely.

A third protest of the most unusual nature is taking place in India, where a group of indigenous people have submerged themselves neck deep in water for over 12 days now, protesting against eviction from their land without compensation. They are being evicted for the construction of the Omkareshwar Dam, and they are protesting against the illegal increase in the water level, beyond that which was allowed by the Supreme Court of India. There protest is called Jal Satyagrah.

ASEAN convenes on human rights in Indonesia

JAKARTA, April 1 (Xinhua) -- The ASEAN Intergovernmental Commission on Human Rights (AICHR) convened their first meeting from March 28 to April 1 at the ASEAN Secretariat in the Indonesian capital of Jakarta, a press statement said here on Thursday.

During the meeting, representatives had extensive discussions among themselves and with other relevant ASEAN bodies on how to ensure its effective operations as the overarching human rights institution in the Association of Southeast Asian Nations (ASEAN).

The meeting discussed, among others, the formulation of the rules of procedure which will lay down the operational guidelines for the conduct of AICHR's work in all aspects.

It also discussed the development of the Five-Year Work Plan to provide a comprehensive roadmap of programs and activities to be undertaken by AICHR in the next five years.

It is expected that the Rules of Procedure and the Five-Year Work Plan will be completed in time to be submitted to the 43rd ASEAN Ministerial Meeting (AMM) in July 2010 for adoption.

The AICHR representatives also had fruitful consultations with the relevant ASEAN sectoral bodies, including the Committee of Permanent Representatives to ASEAN (CPR), the Senior Officials Meeting on Social Welfare and Development (SOMSWD) and the ASEAN Committee on Women (ACW).

Of notable importance was the agreement reached among AICHR and SOMSWD and ACW on the necessary steps to ensure the proper alignment of the would-be ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) with AICHR.

The Second Meeting of AICHR will be held from June 28 to July 2 in Vietnam.

The ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

Cambodia: Functioning Judiciary Required For Rights To Become A Reality

Monday, 5 October 2009
Press Release: Asian Human Rights Commission

Cambodia: Functioning Judiciary Required For Rights To Become A Reality

Thank you Mr. President,

The Asian Legal Resource Centre (ALRC) welcomes the initial report of the Special Rapporteur on Cambodia, in particular the highlighted areas of priority for future work, namely: the freedom of expression, the independence of the judiciary, land and housing rights, impunity and prison reform.

The ALRC wishes to take this opportunity to underline the need for an end to long-standing delays by the government in implementing provisions of the 1993 Constitution of Cambodia, in particular concerning the functioning and independence of the judiciary.

The Constitution specifically stipulates that a number of laws need to be enacted, including a law on the statute of judges and prosecutors and a law on the organization of the judiciary. However, after 16 years, these laws are still missing. As a result, Cambodians are not entitled to be tried by an independent, competent and impartial tribunal, in practice. They are being tried by judges whose status has not been defined by law and by courts whose establishment has no legal basis under the Constitution.

The government has preferred to continue to apply an outdated law on the nomination of judges and the activities of courts, enacted during the country’s communist past, which is unconstitutional, does not live up to international standards and does not ensure the independence of the judiciary. This leads to corruption, favouritism for certain judges and infringements by the Ministry of Justice and the Executive on the workings of the judiciary.

In light of this, the ALRC firstly wishes to know whether the Special Rapporteur has taken up this issue with the Cambodian authorities and whether they have responded and shown any credible intent to take action to ensure the separation of powers and an independent judiciary? Has the government provided any time-frame for the enactment of the above laws, which are essential for there to be any hope of independence of the judiciary.

Finally, you have stated sensing a disconnect between national law concerning land rights and widespread land grabbing ongoing in the country. We firmly believe that without a functioning, independent judiciary there will always be a disconnect between the law and the enjoyment of rights in practice, notably concerning the mentioned issues of priority, and support your efforts in this regard, as well as the continuation of your mandate.

Rights Groups Calls for Halt to Torture

By Taing Sarada, VOA Khmer
Original report from Washington
24 June 2008

The rights group Adhoc and the Asian Human Rights Commission plan to broadcast a radio program appealing to the Cambodian government to prevent torture, for UN Anti-Torture Day, Thursday.

Adhoc "will set up a radio program and will cooperate with the Asian Human Rights Commission in Hong Kong in order to broadcast, disseminate and call for the Cambodian government to prevent, halt and to [work] against torture in Cambodia, which has happened in some prisons and police custody," Adhoc investigator Chan Saveth told VOA Khmer.

Torture cases have decreased in Cambodia but they still occur, he said.

One suspect, Yan Sokea, was arrested in Preah Vihear province but died in Prey Sar prison when he wasn't given adequate medical attention, Chan Saveth said.

He was severely beaten by prison guards, Chan Saveth said.

Ministry of Interior spokesman Khieu Sopheak denied torture occurs in prisons or while suspects are in custody.

"We have never seen such a thing happen," he said, adding that the government has issued information to all police institutions to stop the use of torture.

Cambodia ratified the Optional Protocol Against Torture in 2007.

The government must institute stronger measures to monitor prisons and other detention facilities, said Lao Monghay, a senior researcher at the Rights Commission.

ASEAN divided on rights commission, sanctions

Sunday, 29 July, 2007
Reuters

MANILA: Southeast Asian nations are unable to agree on setting up a human rights commission and on sanctions against members who flout a regional group’s rules, Philippine Foreign Secretary Alberto Romulo said yesterday.

Newspaper reports have said some countries, including Myanmar, had opposed moves within the Association of Southeast Asian Nations (Asean) to set up a rights commission, decide issues by a vote rather than by consensus and provide for sanctions.

Romulo, speaking after senior officials had completed the first draft of an Asean charter, said 90% of the document had been agreed upon but these three issues remained unresolved.

“It is very important to the Philippines that it is there,” he told reporters, referring to the human rights commission. “The other one is voting other than by consensus.”

“There is a universal declaration of human rights in the charter of the United Nations,” Romulo said. “To the world it is a universal desire. I believe Asean can do no less.”

Foreign ministers from the 10-member Asean meet in Manila from tonight to thrash out the charter and present it for adoption at a leaders’ summit in November.

For decades, Asean has been derided by the West because of its reluctance to get involved in the internal affairs of member countries and its commitment to decide issues only by consensus.

The United States and the European Union have particularly blamed the group for not bringing enough pressure on Myanmar’s junta to end rights abuses and a crackdown on the opposition.

Older members of the group, including founder members Malaysia and the Philippines, have expressed concern that the image of Asean as a whole has taken a beating because of Myanmar.

Asean’s other founder members are Singapore, Thailand and Indonesia. Brunei, Myanmar, Vietnam, Laos and Cambodia joined later.

Ong Keng Yong, Asean’s secretary-general, said the first draft of the charter did not contain provisions for sanctions.

“We believe we can get certain good results without having to threaten anyone with any sanctions,” Ong said in an interview when asked if the document provided for punitive measures against wayward members such as Myanmar.

“There will be a fleshing out of issues that trouble Asean as an organisation,” he said. “If Asean is undermined in any negative way, every one of us should pull together and deal with it.”

An Asean charter is seen as a milestone for the bloc because it would create a rules-based community.

Until now it has operated without a constitution, choosing to rely on informal diplomacy and decision-making by consensus. But many leaders believe a charter is necessary to help the group speed up economic integration.

Ong said the charter would provide for contentious issues to be brought before heads of government for a quick decision on what do do.

“Speed will be there and I will say decisiveness, one way or another,” he said.

“We think this charter should embody the uniqueness of Southeast Asia. We do things by persuasion, we do things by building strength and cohesiveness from our diversity.”

Asean also holds its annual security forum in Manila next week and Ong said the absence of US Secretary of State Condoleezza Rice would not affect the meeting.

John Negroponte, a deputy secretary of state, will be attending instead.

Rice has said she needs to travel urgently to the Middle East and is sending John Negroponte, a deputy secretary of state, to represent her.

Analysts say the decision reflects the low standing of Southeast Asia in the eyes of Washington and will rob regional leaders of the opportunity to confer with Rice in an informal setting.

Ong said: “We will miss her but Ambassador Negroponte is a substantial personality.

“I think we will miss Ms. Rice’s wonderful piano recital, and maybe our gala night when we let our hair down will not be as colourful, but I am sure no one will think that the substantive discussions will be undermined.

“Even if the principals are not here, the working types are here and so we are not going to suffer a gap or a blow in our direction.”

Seventeen partners are to join Asean at the meeting, including the United States, the European Union, Russia, China, Japan, the two Koreas, India, Pakistan, Sri Lanka, Australia and New Zealand.

Human Rights Commission Calls for Ethics in Judges

Chun Sakada, VOA Khmer
Original report from Phnom Penh
28/05/2007

The Asian Human Rights Commission on Monday called on the Supreme Council of Magistracy and the Ministry of Justice to strengthen the code of ethics for judges in Cambodia's famously biased courts.

The code of ethics should seek to rid the system of corruption and political pressure. The appeal follows a Commission-drafted code of ethics for the judges, signed by King Norodom Sihamoni. Judges must be free of political governance and corruption, the Commission said.

Opposition Sam Rainsy Party lawmaker Keo Remy said the Supreme Council of Magistracy should push judges to follow the ethics of their profession to ensure fair, transparent and effective trials.

"After the code of ethics is formed, please, Supreme Council of Magistracy, push the judges and the prosecutors to respect the professional codes so that they are improved," he said. "This is so that the overhaul will be an independent system not involved in politics that can proceed to find justice for the victims, with a conscience that the law provides."