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Category: Oral Statements

  • HRC48 Oral Statement on Item 5: Interactive dialogue on the Secretary General’s report on alleged reprisals against those who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms

    48th regular session of the UN Human Rights Council

    Item 5: Interactive dialogue on the Secretary General’s report on alleged reprisals against those who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms 

    Delivered by Ahmed Adam

    On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    29 September 2021

     

     

     

    Madam President,

    We welcome the Secretary-General’s report.

    The large number of Member States of this Council identified in the report as serious and repeat offenders of reprisals to silence human rights defenders who exercise their legitimate right to cooperate with the UN is particularly disturbing.

    Continuous judicial harassment of Adilur Rahman Khan and Nasiruddin Elan, and arbitrary restrictions on the operations of their organisation Odhikar in Bangladesh; travel bans, arrest and detention of Khurram Parvez and raids on offices of Jammu Kashmir Coalition of Civil Society (JKCCS) and Association of Parents of Disappeared Persons (APDP) in Kashmir by Indian authorities; detention and torture of Alam Zaib Mehsud of Pashtun Tahafuz Movement in Pakistan; continued detention, with denial of medical treatment, of Papuan activist Victor Yeimo by Indonesian authorities; and smear campaigns often with fatal consequences against Karapatan and its secretary general Cristina Palabay in Philippines demonstrate the dangers of cooperation with the UN in some Member States of this Council.

    Elsewhere in Asia, including Cambodia and Sri Lanka, fear of reprisals has forced HRDs to resort to self-censorship. Highly authoritarian regimes in Vietnam and Lao PDR have used both draconian regulatory measures and intensive threats against those who seek to cooperate with UN mechanisms.

    The UN, the Council and member states need do more to hold states that undermine its legitimacy by committing reprisals accountable including publicly naming perpetrators and taking measures to raise the political cost of their actions. We also call on States, especially Council members, to uphold their moral obligation to prioritise safety and protection of HRDs in responding to reprisals including by assisting in their relocation, where necessary, and making prison visits to defenders detained for engagement with the UN.

    Thank you.

     

    This post was originally published on FORUM-ASIA.

  • HRC48 Oral Statement on Item 4: Interactive dialogue on the report of the High Commissioner on the situation of human rights in Myanmar

    48th regular session of the UN Human Rights Council

    Item 4: Interactive dialogue on the report of the High Commissioner on the situation of human rights in Myanmar 

    Delivered by Khin Ohmar

    On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    23 September 2021

     

     

    Madam President, Madam High Commissioner,

    We welcome the OHCHR’s continued monitoring and reporting on the human rights and humanitarian catastrophe in Myanmar.

    Myanmar stands on a precipice of a nationwide civil war, as a result of the military’s barbaric violence to quell the nationwide, popular resistance to its illegitimate coup attempt.

    Since February, over 250,000 people have been forced to flee from the junta’s indiscriminate aerial assaults, shelling and mortar attacks and ground clearance operations in ethnic areas, adding to the over 500,000 people already displaced in previous conflicts. They lack basic needs as the junta continues to escalate attacks, block and destroy humanitarian aid and essential supplies in clear violation of international law. The attack on Thantlang town in Chin state on September 18, in which the junta burned down at least 19 houses, shot dead a Christian pastor, and cut off his wedding finger to loot his ring, and forced most of the town’s 10,000 residents to flee, demonstrates the junta’s brutality.

    The military’s attempted coup has allowed it to continue to enjoy impunity for genocide against Rohingya, and make safe, voluntary, dignified, and sustainable return of over a million Rohingya refugees in Bangladesh impossible, while the remaining Rohingya continue to live in apartheid like conditions.

    The UN and international community have a small window of opportunity to prevent further bloodshed in Myanmar. They must not rely on the ASEAN, that has done little more than legitimising the junta and advancing its own interests, to resolve the Myanmar crisis.

    Principled and coordinated action by the international community is critical to stop the Myanmar military and hold them to account for past and ongoing atrocities by imposing global arms embargo and targeted sanctions on the military leadership and their businesses and associates and referring Myanmar to the ICC.

    Thank you.

    **

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • HRC48 Oral Statement on Item 4: Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar

    48th regular session of the UN Human Rights Council

    Item 4: Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar 

    Delivered by Khin Ohmar of Progressive Voice

    On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    22 September 2021

     

     

    Madam President, Special Rapporteur,

    The people of Myanmar have been pushed beyond the breaking point by the military junta’s continuous atrocities. Since the attempted coup, the junta has killed at least 1,114 and arrested 8,289 people. At least 6,637, including children, are still in detention, with many subjected to torture.

    The junta continues to respond to the nationwide resistance with unimaginable cruelty and violence, inflicting countless human suffering on the people of Myanmar. It continues to escalate and expand military offensives in Chin, Kachin, Karen, Karenni and Mon States and in Magway and Sagaing Regions, deliberately and indiscriminately targeting civilians. It is blocking and destroying aid, attacking aid workers, setting villages on fire, looting, destroying properties, conducting mass killings and using people as human shields and forced labourers. In July, the junta killed at least 43 villagers in four mass killings in Sagaing Region.

    In Mon State, on 3 September, the junta soldiers shot and killed Ei Thwe Moe and her unborn child, and severely injured her husband Puu Day. In Kachin State, the ruthless Infantry Battalian 58 stationed near Waingmaw Township, continues to kill civilians indiscriminately. In Central Myanmar, the junta burned and destroyed essential supplies donated to villagers in Kin Ma village in Magway Region. As recent as on September 18, in Chin state, the junta shot dead a Christian pastor, cut off finger and looted his wedding ring as it burned at least 19 houses in Thantlang Township and shot indiscriminately at civilians, forcing most residents to flee.

    For nearly eight months the people of Myanmar have bravely resisted the military’s merciless violence while the international community has stood by and watched with no concrete action. These atrocities, that amount to crimes against humanity, are enabled by many states, especially those in the UN Security Council, that continue to prevent action to hold the military to account. Coordinated actions, including global arms embargo, targeted sanctions, and the referral of Myanmar to the ICC, are essential to stop further bloodshed and prevent a nationwide civil war in Myanmar.

    Thank you.

    **

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • HRC48 Joint Oral Statement on Item 3: Interactive dialogue with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence

     48th regular session of the UN Human Rights Council

    Item 3: Interactive dialogue with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence

    Delivered by Taisuke Komatsu of IMADR

    On behalf of Amnesty International, Asian Forum for Human Rights and Development (FORUM-ASIA), and the International Movement against All Forms of Discrimination and Racism (IMADR)

    16 September 2021

    Madam President,

    We thank the Special Rapporteur for presenting the follow-up report on Sri Lanka. The response of the Government of Sri Lanka (GoSL) fails to share a concrete action plan to address the challenges identified by the Special Rapporteur. Almost all the activities of the Office on Missing Persons (OMP) described in the response were implemented by former Commissioners who completed their mandate in February this year. The word ‘transitional justice’ is no longer in the vocabulary of the government and we note trends towards reversing the process under the current administration.

    We affirm the need to have independent mechanisms to seek truth, justice, and reparations. This is not possible in Sri Lanka today with the removal of an independent nomination and appointment process for such mechanisms. The rejection of Resolution 30/1 and the appointment of Commissioners handpicked by the President to the OMP has given rise to fear and suspicion among the victims who are seeking redress for grave violations. Moreover, no information about new OMP Commissioners is available on its website[1] at the time this statement is recorded. Victims are unable to contact the OMP while the payment of interim relief to victim families has stopped along with the issuance of Certificates of Absence. Based on recent comments made on the International Day of the Disappeared, the Office seems intent on reducing the case load rather than seeking out the truth around the circumstances in which people have disappeared and fulfilling its mandate. Meanwhile, the former Foreign Minister Dinesh Gunawardena stated last month that hundreds of those disappeared during the armed conflict were living abroad, without providing any evidence, and the Minister requested information from countries based on the lists of missing persons compiled by the OMP.[2] Such actions raise a serious concern to the safety and security of families of the disappeared who have engaged with the OMP.

    Shrinking civil society space, arbitrary detention under the draconian Prevention of Terrorism Act (PTA), the militarisation of civilian administrative functions of the government and the total disregard of minority rights during the COVID-19 pandemic require serious attention from the international community. Despite its assertion to cooperate with UN human rights mechanisms, Sri Lanka has failed to submit its initial report to the UN Committee on Enforced Disappearances (CED) since its ratification in 2016.

    Recommendations of the Presidential Commissions of Inquiry on “political victimisation” and Easter Sunday attacks have raised serious doubts in relation to accountability. Against this backdrop, we call on the Special Rapporteur and this Council to extend full support for the implementation of Resolution 46/1.

    Thank you.

    [1] http://www.ompsrilanka.org/about/profiles-of-the-commissioners

    [2] https://island.lk/large-number-of-lankans-listed-as-missing-are-living-abroad-under-different-names-fm/

    **

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • HRC48 Oral Statement on Item 2: General Debate on the High Commissioner’s oral updates on Sri Lanka and Afghanistan

     48th regular session of the UN Human Rights Council

    Item 2: General Debate on the High Commissioner’s oral updates on Sri Lanka and Afghanistan

    Delivered by Ahmed Adam

    On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    14 September 2021

     

     

    Madam President,

    The situation in Sri Lanka has further deteriorated since the High Commissioner’s last report.

    Surveillance, harassment and intimidation of human rights defenders, journalists and civil society organisations have escalated with increasing crackdowns on students, teachers, and healthcare workers. Continued use of the Prevention of Terrorism Act, including the prolonged detention of human rights lawyer Hejaaz Hizbullah and poet Ahnaf Jazeem under the law, has a serious chilling effect on fundamental freedoms.

    Militarisation of civilian functions has been expanded to other areas including health and education. The state of emergency declared on 30 August in response to the COVId-19 pandemic, which gives broad powers to the President with limited checks and balances, adds to fears of accelerating militarisation.

    Political appointments, with no parliamentary oversight, to key human rights and accountability institutions such as the Human Rights Commission of Sri Lanka and the Office of Missing Persons have compromised their independence and capacity to advance accountability. Lack of credible investigations into Easter Sunday attacks is yet another reminder of persistent impunity in the country.

    The government’s commitments to human rights and accountability and to cooperate with the OHCHR and other UN agencies should be judged based on the realities on the ground.

    Finally on Afghanistan, we call on the Council to establish an independent investigative mechanism to monitor and report on and advance accountability for human rights violations and abuses by all parties including the Taliban. This is the only credible action the Council can take to address and prevent further escalation of the human rights crisis in Afghanistan.

    Thank you.

    **

    For a PDF version of this statement, click here

     

     

    This post was originally published on FORUM-ASIA.

  • HRC48 Oral Statement on Item 2: Interactive Dialogue with the Independent Investigative Mechanism for Myanmar

    48th regular session of the UN Human Rights Council

    Item 2: Interactive Dialogue with the Independent Investigative Mechanism for Myanmar 

    Delivered by Ahmed Adam

    On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    13 September 2021

     

    Madam President,

    FORUM-ASIA welcomes the report of the Independent Investigative Mechanism for Myanmar, and concrete progress in the implementation of its mandate.

    The mechanism is closely linked to Myanmar people’s hopes for justice and accountability for grave international crimes committed by the military including genocide against Rohingya and war crimes and crimes against humanity against ethnic communities. Their confidence in the mechanism is, therefore, paramount for its success. We urge the mechanism to continue to enhance its outreach especially to victims and survivors and their families as well as civil society.

    As demonstrated by the recent influx of information, and in the absence of credible domestic or regional avenues, the mechanism remains the only viable option for any form of investigations into or accountability for serious violations that continue to be committed by the military since the attempted coup d’état on 1 February.

    We call on the Council and UN member states to ensure the sustainability of the mechanism with adequate resources and capacity to enhance its substantive work as well as to meet the growing demand for its work.

    Impunity of Myanmar military is at the root of the current human rights crisis. We call on the UN member states and the international community to ensure accountability in Myanmar by referring Myanmar to the International Criminal Court or an international tribunal and invoking principles of universal jurisdiction.

    Finally, we ask the head of the mechanism to elaborate on how UN Member States, especially those from the region, can facilitate the mechanism’s access to victims, survivors, witnesses, and human rights defenders, and to ensure their protection?

    And what are some practical steps the Council and the international community can take to support the work of the mechanism, in particular, in relation to the serious international crimes being committed since 1 February?

    Thank you.

    **

    For a PDF version of this statement, click here

     

     

    This post was originally published on FORUM-ASIA.

  • 31st Special Session of the UN Human Rights Council on the serious human rights concerns and situation in Afghanistan: Oral statement

    31st Special Session of the UN Human Rights Council
    on the serious human rights concerns and situation in Afghanistan

    Delivered by Ahmed Adam
    On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)
    24 August 2021

     

    Madam President,

    The takeover of Afghanistan by the Taliban over the past week has dramatically escalated the humanitarian and human rights crisis in the country with heightened fears of violence, persecution, and reprisals, especially against women, children, minorities, human rights defenders, journalists, and civil society.

    The Taliban should be judged by their actions, not words and vague pledges to respect human rights. Reports of horrific abuses by the Taliban including violence against women, children and minorities, killings of human rights defenders and journalists and deliberate targeting of civilians have continued to emerge as the crisis unfolded across the country. Desperate scenes at Kabul airport over the past week demonstrate the gravity of the situation.

    We call on the international community to provide protection for women, children, minorities, human rights defenders, their family members, and all who are at risk of reprisals and persecution. States have a legal and moral responsibility to provide safety for refugees and asylum seekers including by removing barriers to exit and entry.

    The current tragedy in Afghanistan represents a grave failure by the international community. Words of condemnation at this Council are meaningless to the people of Afghanistan, unless they are backed by concrete action.

    At minimum, the Council must mandate an independent investigative mechanism to monitor and report on the situation and investigate violations and abuses by all parties in Afghanistan. The credibility of the Council depends on how it responds to this crisis. The Council must not fail the people of Afghanistan again.

    Thank you.

    This post was originally published on FORUM-ASIA.

  • HRC47 Oral Statement on Item 6: Adoption of Universal Periodic Review Outcomes of Nepal

    47th regular session of the UN Human Rights Council
    Item 6: Adoption of Universal Periodic Review Outcomes of Nepal

    Delivered by Ahmed Adam

    On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    8 July 2021

    Madam President,

    We welcome that Nepal has accepted several recommendations related the protection and promotion of fundamental freedoms, including freedom of expression, assembly, and association as well as protection of human rights defenders.

    However, failure to except recommendations on some of the most pressing concerns related to these rights raises questions about Nepal’s commitment to ensure their protection in accordance its international human rights obligations and its own constitution.

    We are concerned that Nepal has rejected recommendations to reform the 2006 Electronic Transactions Act and eliminate criminal provisions relating to defamation and slander. The Electronic Transactions Act have been used restrict freedom of the press, and prosecute, arrest, and detain journalists, members of public, artists, and musicians for legitimate online expression. Similarly, the new criminal code introduced in 2018 includes several provisions that could impose undue and broad restrictions on freedom of expression in contradiction with Nepal’s international obligations.

    While these longstanding concerns remain and previous recommendations remain unfulfilled, the government has proposed several new legislations such as the Information Technology Bill, Media Council Bill and Mass Communication Bill that would further erode freedom of expression and the press with vaguely defined restrictions and criminal offences. We urge Nepal to reform all existing laws and ensure all proposed legislation related to freedom of expression and media are in line with Nepal’s international obligations, in particular the ICCPR. We further urge Nepal to decriminalise defamation.

    Finally, the recent appointments to the National Human Rights Commission of Nepal, through a flawed process, without transparency, broad consultation or parliamentary approval undermines the independence, legitimacy, and public confidence in the Commission and contradicts with the accepted UPR recommendations. We call on Nepal to rescind these appointments and ensure appointment and selection process as well as the Human Rights Commission Act are in line with international standards including the Paris Principles.

    We further call on Nepal to publicly set out a comprehensive, measurable, and time-bound action plan for the implementation of UPR recommendations, in full cooperation and consultation with civil society. Thank you.

    ***

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • HRC47 Oral Statement on Item 4: Interactive dialogue with the Special Rapporteur on Myanmar (oral progress report)

    47th regular session of the UN Human Rights Council

    Item 4: Interactive dialogue with the Special Rapporteur on Myanmar (oral progress report)

    Delivered by Khin Ohmar on behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    7 July 2021

     

    Madam President,

    We welcome the Special Rapporteur’s update.

    Five months after the attempted coup, Myanmar is in the midst of a human rights and humanitarian catastrophe.

    The junta has slaughtered nearly 900 peaceful protestors and tortured and executed detainees. It has held dead bodies of hostage in exchange for money from families. Dead bodies have been returned to families with signs of severe torture and mutilation, and missing organs.

    The junta’s intensifying violence against ethnic communities bears hallmarks of mass atrocity crimes, including indiscriminate airstrikes on civilians and places of worship bearing white flags, blockade of humanitarian aid creating serious food and medicine shortage in areas affected by violence, as well as the weaponization of COVID19 restrictions along with martial law effectively banning freedom of movement. Escalating violence has displaced over 250,000 people in Kachin, Karen, Karenni, Shan and Chin States.

    The junta has carried out mass killings in villages of predominantly NLD supporters in Mandalay and Sagaing Regions.

    Furthermore, the coup has made the conditions unsafe for remaining Rohingya and unsuitable for voluntary, safe, dignified and sustainable return of Rohingya refugees. Council actions that fail to address the current reality in Myanmar cannot be conducive to voluntary, safe, dignified, and sustainable return of Rohingya refugees.

    It is shameful that despite the overwhelming evidence of its atrocities, and its clear and unequivocal rejection by the people of Myanmar, many states including in the Council continue shield the junta from scrutiny and perpetuate its impunity.

    We welcome the actions by several states against the junta. But only coordinated and decisive action by the UN Security Council including a global arms embargo on the military, and targeted sanctions against the junta, its businesses and associates and referral of Myanmar to the International Criminal Court (ICC) will end the bloodshed. The UN and international community cannot fail the people of Myanmar again.

    Thank you.

    ***

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • HRC47 Oral Statement on Item 4: Interactive dialogue on the oral update of the High Commissioner on the situation of human rights in Myanmar (HRC res. 46/21)

    47th regular session of the UN Human Rights Council

    Item 4: Interactive dialogue on the oral update of the High Commissioner on the situation of human rights in Myanmar (HRC res. 46/21)

    Delivered by Khin Ohmar on behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    6 July 2021

    Madam President, Madam High Commissioner,

    More than five months after the attempted military coup, the Myanmar military has continued its murderous rampage throughout the country to assert itself as the legitimate government against the will of the people of Myanmar.

    The junta has killed over 890 people at protests since 1 February, while over 5000 people are in detention.[1] Abductions of family members of protest leaders and activists evading arrest by the junta have become yet another feature of its brutality. These include the detention of Su Htet Wine, a four-year old girl, her 17-year-old sister, Theint Sandi Soe, who is seriously ill, and their mother, to force her father, a protest leader, to turn himself in. While Su Htet Wine has been released, her sister and their mother remain in detention in Mogok Town Police Station, Mandalay Division.

    Women and girls continue to bear the brunt of the military’s nationwide terror campaign. Survivor accounts and recent reports point to alarming levels of sexual violence, in particular sexual assault, torture, and physical and verbal abuse against women and LGBTIQ persons in detention.

    Intensified military assaults in Kachin, Karen, Karenni, Shan and Chin States have led to widespread displacements and possible crimes against humanity and war crimes, and renewed fears of sexual violence against ethnic minorities.

    Myanmar military’s long-established pattern of use of rape and sexual violence as weapons of war in armed conflicts is well documented. In 2019, the UN Fact-Finding Mission on Myanmar found that “sexual violence was a hallmark of the Tatmadaw’s military operations”, pointing to evidence that suggests systematic and widespread sexual and gender-based violence against Rohingya women and girls, transgender persons as well as boys and men.

    We urge the High Commissioner to closely monitor the disproportionate violence and brutality inflicted on women, children, LGBTIQ persons, and women human rights defenders by the Myanmar military.

    Myanmar people have clearly rejected the junta. We urge the Council and the international community to do the same and take all necessary steps to end the ongoing assault on the people of Myanmar and to hold the junta accountable for its grave crimes. Thank you.

    [1] https://aappb.org/?p=16312

    ***

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • HRC47 Joint Oral Statement on Item 3: Interactive Dialogue of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

    47th Regular Session of the United Nations Human Rights Council
    Item 3: Interactive Dialogue of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

    Joint Oral Statement
    Commonwealth Human Rights Initiative (CHRI) and Asian Forum for Human Rights and Development (FORUM-ASIA)

    Tuesday, 1 July / Wednesday, 2 July 2021

     

    This is a joint statement on behalf of the Commonwealth Human Rights Initiative (CHRI) and the Asian Forum for Human Rights and Development (FORUM-ASIA).

    We commend the Special Rapporteur for her timely report identifying the complex challenges posed by disinformation, especially in the digital age; the problematic State responses to it, and the compounding human rights violations that may ensue in the absence of coordinated, multistakeholder responses rooted in the international human rights framework. Information disorder campaigns are being commercialised and weaponised on a staggering scale globally. While the report raises several intersecting concerns, we would like to highlight the following issues:

    First, as identified by the Special Rapporteur, deliberate spread of false information State as well as non-State actors — coupled with State complicity or inaction — has had a disproportionate impact on journalists, human rights defenders and activists. This has sought to delegitimise their work, put them at a greater risk and condone or even sanction harassment and attacks against them. It has most adversely affected the already marginalised groups, especially during the COVID-19 pandemic, leading to a sharp rise in anti-immigrant rhetoric, hate speech against ethno-religious minorities, and racism, and violence against individuals and communities, both online and offline.

    Secondly, State responses to allegedly tackle disinformation such as internet shutdowns, restrictions on social media, broadly-defined laws, excessive discretionary powers to authorities and delegation of decision-making to intermediaries often violate the rights to privacy and to freedom of information, opinion and expression and fail to meet the requirements laid down by Article 19(3) of the ICCPR.

    Thirdly, geographical disparities with respect to content moderation should be seen in terms of unequal internet penetration rates, especially in Asia and Africa. Corporate and hegemonic fact-checking platforms mostly use English as their default and exclude vernacular languages and specific socio-political contexts leaving unchecked digital spaces. This has underlined the need for decentralised and democratised fact-checking processes that are both innovative and context-sensitive.

    We call on States to implement the Special Rapporteur’s recommendations, including on strengthening public information regimes and media ecosystems, ensuring safety of journalists, and revising outdated laws and restrictive provisions that may hinder their work. We request the Special Rapporteur to consider having regional consultations on the issue to share concerns and best practices.

    We thank you.

     

    [1] OSCE and UNHCR debunking myths about migration and refugee flows https://www.osce.org/secretariat/481132

    [2] COVID-19: How fake news messaging fuelled India’s latest spiral of Islamophobia, https://scroll.in/article/959806/covid-19-how-fake-news-and-modi-government-messaging-fuelled-indias-latest-spiral-of-islamophobia; East Asia Forum: Disinformation and xenophobia target Malaysia’s Rohingya, https://www.eastasiaforum.org/2020/07/11/disinformation-and-xenophobia-target-malaysias-rohingya/

    [3] Leave No One Behind: Racial Discrimination and Protection of Minorities in the COVID-19 Crisis, https://www.ohchr.org/Documents/Issues/Minorities/UN_Network_Racial_Discrimination_Minorities_COVID.pdf

    [4] The Battles That Can Cost South Asia the War Against COVID-19 https://thediplomat.com/2020/04/the-battles-that-can-cost-south-asia-the-war-against-covid-19/

    ***

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • HRC47 Joint Oral Statement on Item 3: Interactive Dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association

    47th regular session of the UN Human Rights Council

    Item 3: Interactive Dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association

    Delivered by Ahmed Adam on behalf of Asian Forum for Human Rights and Development (FORUM-ASIA)

    Thursday, 1 July 2021

    Madam President,

    We thank the Special Rapporteur for his report, and for the essential work of the mandate to protect and promote freedom of assembly and association around the world.

    Across Asia, we have witnessed a resurgence of social movements and peaceful protests to defend or reclaim fundamental freedoms and democracy, and to hold governments accountable.

    Today we remember and pay tribute to hundreds of people who have been killed in Myanmar for protesting the military coup, youth activists facing lese majeste charges in Thailand for demanding democracy and many others from India to Indonesia, from Singapore to Hong Kong in detention, facing criminal charges or forced to leave their
    homes for safety for standing up to authoritarianism, injustice, environmental destruction, and corporate greed.

    Their persecution illustrates the overzealous and systematic use of broad and vague legislation and regulation by governments across the region to silence peaceful assembly and civil society.

    Many such measures are designed to deny access to justice and due process or to render legal representation completely meaningless. For example, national security and counter-terrorism laws in Philippines, Indonesia, Hong Kong, Singapore, India, and many others allow detention of peaceful protestors and civil society members without access to lawyers or charges for prolonged periods of time.

    The Special Rapporteur’s report provides important guidelines for states to guarantee access to justice in the context of freedom of assembly and association. We urge states to ensure their implementation.

    Finally, we ask the Special Rapporteur for his views on possible international remedies for those who are denied access to justice at the national level.

    Thank you.

    ***

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • HRC47 Joint Oral Statement on Item 3: Interactive dialogue with the Special Rapporteur on extrajudicial, summary or arbitrary executions

    47th regular session of the UN Human Rights Council

    Item 3: Interactive Dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association

    Delivered by Families of Victims of Involuntary Disappearance (FIND)

    On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA) and (Commonwealth Human Rights Initiative)

    Thursday, 1 July 2021

     

    Madame President,

    I speak on behalf of 19 national and international organisations focused on the Philippines. The lethal war on drugs continues with the number of victims rising again in the past six months.

    The human rights situation on the ground continues to deteriorate.

    The root cause of the atrocities we have witnessed since 2016 – the now-entrenched structural violence and permissive environment for circumventing laws and arbitrarily ending life – emanates from the Philippine Presidents pursuit of hard-lined and violent policies.

    The Joint Human Rights Programme, which the GRP is now lauding as compliance, may respond to long- standing issues in Philippine law enforcement and accountability institutions. But it does not address the root cause of the high number of killings for the past five years. These mass killings were unleashed by presidential pronouncements which intentionally enabled and encouraged a police force already prone to violence and shortcuts.

    Last year, the Council failed to respond adequately to recommendations made by the High Commissioner. We are deeply concerned that the Joint Programme and corresponding nominal accomplishments of the Philippine Government shall further establish a false perception of sufficient action while atrocities continue as routine.

    The situation urgently requires direct accountability action by the Council.

    That the ICC Prosecutor, after a four-year process, has called for a full investigation into the Philippines confirms the severe gravity of the situation. The ICC only has jurisdiction on Philippine cases dating before the countries official withdrawal for the Rome Statute in March 2019. Thus, it is incumbent on the Council to look into the severe injustices that have continued past this date.

    We urge the Council to launch the long-overdue independent and transparent investigation. Thank you.

    Signatories:

    National:

    • Philippine Alliance of Human Rights Advocates (PAHRA)
    • Families of Victims of Involuntary Disappearance (FIND) Association of Major Religious Superiors in the
    • Philippines (AMRSP) Task Force Detainees of the Philippines (TFDP)
    • In Defense of Human Rights and Dignity Movement (IDEFEND) Karapatan Alliance Philippines (KARAPATAN)
    • National Council of Churches in the Philippines (NCCP) National Union of Peoples Lawyers (NUPL)
    • Ecumenical Voice for Human Rights and Peace in the Philippines (EcuVoice)

    International:

    • Franciscans International
    • Asian Forum for Human Rights and Development (FORUM-ASIA)
    • Amnesty International
    • Human Rights Watch
    • CIVICUS
    • Harm Reduction International
    • Fastenopfer
    • World Organisation Against Torture (OMCT)
    • Geneva Forum for Philippine Concerns (GFPC)
    • International Service for Human Rights (ISHR)
    • Aktionsbündnis Menschenrechte – Philippinen

    ***

    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.

  • [Joint Statement] HRC46 Statement: NGO End of Session

    46th regular session of the UN Human Rights Council

    NGO[1] End of Session statement

    Oral statement delivered by ISHR

    On behalf of 16 NGOs including the Asian Forum for Human Rights and Development (FORUM-ASIA)

    Thursday, 25 March 2021

    • Civil society participation
    • Environmental justice
    • Racial Justice
    • Right to health
    • Attempts to undermine HRC mandate
    • Country-specific resolutions
    • Country-specific State statements
    • Human rights situations that merits the HRC’s attention

     

    Civil society participation

    We welcome some important advances such as the possibility for NGOs to make video statements, which should be maintained and expanded after the pandemic for all discussions, including in general debates. We object to the removal of access details for online informal negotiations from Sched without explanation or justification, effectively restricting CSO access to negotiations and favoring CSOs based in Geneva or with existing contacts with diplomats. In addition, the lack of webcast archives in all UN languages, and the lack of accessibility measures such as closed captions and sign language interpretation for most HRC discussions all impede participation, accountability for States’ positions and commitments, and ultimately for the Council’s work. We are concerned by the renewal for another year of the ‘efficiency’ measures piloted in 2020, despite their negative impact on civil society participation in a year also impacted by the COVID-19 pandemic. We urge States to reinstate general debates in the June sessions, to preserve their open-ended nature, and maintain the option of video intervention also in general debates.

     

    Environmental justice

    It’s high time the Council responds to calls by States and civil society to recognize the right of all to a safe, clean, healthy and sustainable environment, and establish a new mandate for a  Special Rapporteur on human rights and climate change.

    We welcome the joint statement calling for the recognition of the right of all to a safe, clean, healthy and sustainable environment that was delivered by the Maldives, on behalf of Costa Rica, Morocco, Slovenia and Switzerland and supported by 55 States. We call on all States to seize this historic opportunity to support the core-group as they continue to work towards UN recognition so that everyone in the world, wherever they live, and without discrimination, has the right to live in a safe, clean and sustainable environment.

    We welcome the joint statement that was delivered by Bangladesh, on behalf of 55 States, calling the Council to create a new Special Rapporteur on human rights and climate change. We believe this new mandate would be essential to supporting a stronger human rights-based approach to climate change, engaging in country visits, normative work and capacity-building, and further addressing the human rights impacts of climate responses, in order to support the most vulnerable. This mandate should be established without further delay.

     

    Racial Justice

    Over 150 States jointly welcomed that the implementation of HRC Resolution 43/1 will center victims and their families. We urge the Council to respond to the High Commissioner’s call to address root causes of racism including the “legacies of enslavement, the transatlantic trade in enslaved Africans, and its context of colonialism”. The Council must answer to the demands of victims’ families and civil society’s, and establish – at its next session – an independent inquiry to investigate systemic racism in law enforcement in the United States and a thematic commission of inquiry to investigate systemic racism in law enforcement globally, especially where it is related to legacies of colonialism and transatlantic slavery.

     

    Right to health

    The resolution on ensuring equitable, affordable, timely, and universal access by all countries to vaccines in response to the COVID-19 pandemic is a welcome move in highlighting the need for States not to have export and other restrictions on access to safe diagnostics, therapeutics, medicines, and vaccines, and essential health technologies, and their components, as well as equipment  and encouraged States to use all flexibilities within TRIPs. However, a revised version of the resolution tabled was further weakened by the deletion of one paragraph on stockpiling of vaccines and the reference to ‘unequal allocation and  distribution among countries”. The specific deletion highlights the collusion between rich States and big pharmaceuticals, their investment in furthering monopolistic intellectual property regimes resulting in grave human rights violations. The reluctance of States, predominantly WEOG States who continue to defend intellectual property regimes and States’ refusal to hold business enterprises accountable to human rights standards is very concerning during this Global crisis.

     

    Attempts to undermine HRC mandate

    We regret that once again this Council has adopted a resolution, purportedly advancing ‘mutual beneficial cooperation’ which seeks to undermine and reinterpret both the principle of universality and its mandate. Technical assistance, dialogue and cooperation must be pursued with the goal of promoting and protecting human rights, not as an end in itself or as a means of facilitating inter-State relations. We reiterate our call on all States, and especially Council members, to consider country situations in an independent manner, based on objective human rights criteria supported by credible UN and civil society information. This is an essential part of the Council’s work; reliance on cooperation alone hobbles the Council’s ability to act to support the defenders and communities that look to it for justice.

     

    Country-specific resolutions

    We welcome the new mandate for the High Commissioner focused on the human rights situation in Belarus in the context of the 2020 Presidential election. It is now essential for States to support the High Commissioner’s office, ensuring the resources and expertise are made available so that the mandate can be operationalised as quickly as possible.

    We welcome the renewal of the mandate of the Special Rapporteur on Iran, and we urge Council to consider further action to hold Iranian authorities accountable, in view of the systematic impunity and lack of transparency surrounding violations of human rights in the country.

    We welcome the call for additional resources for the Special Rapporteur on Myanmar, increased reporting by OHCHR as well as the work of the IIMM. Lack of international monitoring on, the imposition of martial law in Myanmar to prosecute civilians, including protesters, before military courts, the dangerous escalation of violence by the Tatmadaw and the widespread human rights violations amounting to crimes against humanity demand more efforts to ensure accountability.

    We welcome the renewal and strengthening of the OHCHR’s monitoring and reporting mandate on Nicaragua, in a context of steady human rights deterioration marked by the Government’s refusal to cooperate constructively with the Office, over two years after its expulsion from the country. The adopted resolution lays out steps that Nicaragua should take to resume good faith cooperation and improve the situation ahead of this year’s national elections. It is also vital that this Council and its members continue to closely follow the situation in Nicaragua, and live up to the resolution’s commitments, by considering all available measures should the situation deteriorate by next year.

    We welcome the increased monitoring and reporting on the situation of human rights in Sri Lanka. However, in light of the High Commissioner’s report on the rapidly deteriorating human rights situation and Sri Lanka’s incapacity and unwillingness to pursue accountability for crimes under international law, the Council should have urged States to seek other avenues to advance accountability, including through extraterritorial or universal jurisdiction.

    While we welcome the extension of the mandate of the Commission on Human Rights in South Sudan (CHRSS), we regret the adoption of a competing resolution under the inadequate agenda item 10. This resolution sends a wrong signal as myriads of local-level conflicts and ongoing SGBV and other violations of fundamental rights continue to threaten the country’s stability. We urge South Sudan to continue cooperating with the CHRSS and to demonstrate concrete progress on key benchmarks and indicators.

    We welcome the report by the Commission of Inquiry on Syria on arbitrary imprisonment and detention and reiterate the recommendation to establish an independent mechanism “to locate the missing or their remains”, and call on States to ensure the meaningful participation of victims and adopt a victim-centered approach, including by taking into consideration the Truth and Justice Charter of Syrian associations of survivors and families of disappeared when addressing arbitrary detention and enforced disappearance.

     

    Country-specific State statements

    We welcome States’ leadership and statements on human rights situations that merit the HRC’s attention.

    We welcome the joint statement on the situation in Ethiopia’s Tigray region and urge all actors, including the Ethiopian Federal Government, to protect civilians and ensure unhindered humanitarian access. Those responsible for crimes under international law, including Ethiopian soldiers, members of armed militias and non-State groups, and Eritrean soldiers involved in Tigray, must be held criminally accountable. The HRC should mandate an independent investigation and reporting by the High Commissioner.

    For the first time in seven years, States at the HRC have united to condemn the widespread human rights violations by Egypt and its misuse of coutner-terrorism measures to imprison human rights defenders, LGBTI persons, journalists, politicians and lawyers and peaceful critics. We welcome the cross-regional joint statement by 32 States and we reiterate our call supported by over 100 NGOs from across the world on the HRC to establish a monitoring and reporting mechanism on the situation.

    We welcome the joint statement by 45 States focused on the human rights situation in Russia, including the imprisonment of Alexi Navalny and the large number of arbitrary arrests of protestors across Russia. The statement rightly expresses concern for shrinking civil society space in Russia through recent legislative amendments and Russia using its “tools of State” to attack independent media and civil society.

    In the context of mounting international recognition that Israel imposes an apartheid regime over the Palestinian people, we welcome Namibia’s call for the “restoration of the UN Special Committee on Apartheid in order to ensure the implementation of the Apartheid Convention to the Palestinian situation.”

     

    Human rights situations that merits the HRC’s attention

    The next session will receive a report on pushbacks from the Special Rapporteur on human rights of migrants. The Council must respond to the severity and scale of pushbacks and other human rights violations faced by migrants and refugees in transit and at borders and the ongoing suppression of solidarity, including by answering the High Commissioner’s call for independent monitoring. The Council’s silence feeds impunity, it must build on the momentum of the joint statement of over 90 States reaffirming their commitment to protection of the human rights of all migrants regardless of status.

    While the OHCHR expressed deep concern about the deteriorating human rights situation and the ongoing crackdown on civil society in Algeria, and called for the immediate and unconditional release of arbitrarily detained individuals, the Council has remained largely silent. As authorities are increasingly arbitrarily and violently arresting protesters – at least 1,500 since the resumption of the Hirak pro-democracy movement on 13 February, we call on the Council to address the criminalisation of public freedoms, to protect peaceful protestors, activists and the media.

    Cameroon is one of the human rights crises the Council has failed to address for too long. We condemn the acts of intimidation and reprisal exercised by the Cameroonian government in response to NGOs raising concerns, including DefendDefenders. This is unacceptable behavior by a Council member. The Council should consider collective action to address the gross human rights violations and abuses occurring in the country.

    We echo the calls of many governments for the Council to step up its meaningful action to ensure that concerns raised by civil society, the UN Special Procedures and the OHCHR about the human rights situation in China be properly addressed, including through an independent international investigation. We also regret that a number of States have taken an unprincipled approach of voicing support to actions, such as those by the Chinese government, including in Xinjiang and Hong Kong, through their national and other joint statements.

    We call for the Council’s attention on the rapid deterioration of human rights in India. Violent crackdowns on recent farmers’ protests, internet shutdowns in protest areas, sedition and criminal charges against journalists reporting on these protests, and criminalisation of human rights defenders signal an ongoing dangerous trend in restrictions of fundamental freedoms in India. We call on India to ensure fundamental freedoms and allow journalists, HRDs and civil society to continue their legitimate work without intimidation and fear of reprisals.

    We once again regret the lack of Council’s attention on the human rights crisis in Kashmir. Fundamental freedoms in the Indian-administered Kashmir remains severely curtailed since the revocation of the constitutional autonomy in August 2019. Raids in October and November 2020 on residences and offices of human rights defenders and civil society organisations by India’s anti-terrorism authorities in a clear attempt at intimidation have further exacerbated the ongoing crisis. We call on the OHCHR to continue to monitor and regularly report to the Council on the situation in both Indian and Pakistani administered  Kashmir, and on Indian and Pakistani authorities to give the OHCHR and independent observers unfettered access to the region.

    Nearly six months since its adoption, the Council Resolution 45/33 on technical assistance to the Philippines has proven utterly insufficient to address the widespread human rights violations and persistent impunity. Killings in the war on drugs continue, and attacks on human rights defenders and activists have escalated. The killing of nine unarmed activists on 7 March 2021 clearly demonstrates that no amount of technical assistance will end the killings as long as the President and senior officials continue to incite violence and killings as official State policy. It is imperative that the Council sets up an international accountability mechanism to end the cycle of violence and impunity in the Philippines.

    [1] The statement is endorsed by: International Service for Human Rights; Franciscans International; Egyptian Initiative for Personal Rights (EIPR); International Commission of Jurists (ICJ);  International Movement Against All Forms of Discrimination and Racism (IMADR); Asian Forum for Human Rights and Development (FORUM-ASIA); African Centre For Democracy And Human Rights Studies; International Federation for Human Rights Leagues (FIDH); MENA Rights Group; International Lesbian and Gay Association; Impact Iran; Ensemble contre la Peine de Mort (ECPM); Siamak Pourzand Foundation; Cairo Institute for Human Rights Studies (CIHRS); ARTICLE 19; CIVICUS: World Alliance for Citizen Participation.

     

    ***

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  • HRC46 Oral Statement on Item 2: Adoption of the Universal Periodic Review Outcomes of Mongolia

    46th regular session of the UN Human Rights Council

    Item 2: Adoption of the Universal Periodic Review Outcomes of Mongolia

    Oral Statement Delivered by Tawan Rattanaprapaporn

    On behalf of the Asian Forum for Human Rights and Development (FORUM-ASIA)

    Tuesday, 16 March 2021

     

    Madam President,

    FORUM-ASIA appreciates that Mongolia has accepted 170 out of 190 UPR recommendations as well as the inclusion of civil society in the process of drafting the government’s UPR report.

    We welcome that Mongolia accepted recommendations to expedite the adoption of a law protecting human rights defenders. However, we note that human rights defenders and environmental defenders continue to face threats and intimidation. The government must develop a clear timeline for the passage of this law and ensure meaningful participation of human rights defenders and civil society, including those in rural and remote areas, in this process.

    Despite the acceptance of recommendations related to freedom of expression, we are concerned that recent developments including the recent amendments to criminalise dissemination of false information continue to hinder freedom of expression. Defamation clauses have been widely used against journalists and the media, and this amendment only raises fears that it could be used to target dissenters. We call for its immediate repeal.

    We call on the government to ensure that all legislation and regulations concerning civil society and NGOs comply with international human rights standards. Civil society play a vital role in holding the government accountable and should be able to operate without undue restrictions and unwarranted interference or fear of reprisals.

    We welcome the efforts to protect the environment, including the expansion of protected land to cover areas under threat. Such actions are commendable, but more must be done. We echo recommendations to finalise in a consultative manner a National Action Plan that prioritises the respect and protection of human rights and the environment in line with the Guiding Principles on Business and Human Rights.

    We call on Mongolia to develop a time-bound action plan with participation of civil society for the implementation of UPR recommendations.

    Thank you.

    ***

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  • HRC46 Oral Statement on Item 2: Adoption of the Universal Periodic Review Outcomes of Maldives

    46th regular session of the UN Human Rights Council

    Item 2: Adoption of the Universal Periodic Review Outcomes of Maldives

    Oral Statement Delivered by Ahmed Adam

    On behalf of the Asian Forum for Human Rights and Development (FORUM-ASIA)

    Tuesday, 16 March 2021

     

    Madam President,

    FORUM-ASIA welcomes the recent positive steps by the government to protect human rights in the Maldives including the adoption of the Transitional Justice Act and the decision to ratify the convention on enforced disappearances.

    These steps will, however, remain wholly inadequate without justice and accountability for the murders of human rights defender Yameen Rasheed and moderate religious scholar Afrasheem Ali and the disappearance of journalist Ahmed Rilwan. Lack of accountability in these cases illustrates the persistent impunity for attacks on human rights defenders and journalists. We call on the government to expedite the investigations into these cases in a transparent and credible manner.

    We welcome that the Maldives has accepted several key recommendations to protect the rights to freedom of expression, assembly and association, as well as human rights defenders.

    The exercise of these rights remains under threat without protection of the right to freedom of religion or belief and prohibition of discrimination based on sexual orientation and gender identity as recommended by several states.

    Human rights defenders, civil society and social media users regularly face threats from extremist groups. Human rights advocacy including calls to end discrimination and violence against women and children, as well as legitimate criticism of violent extremism is often construed as blasphemy or contradictory to religion. Instead of protecting those under threat, the government has legitimized such extremist narratives for political expediency.

    The arbitrary dissolution of the Maldivian Democracy Network (MDN) under pressure from extremist groups is emblematic of the threats to fundamental freedoms in the Maldives. Despite claims in response to UPR recommendations that MDN has recourse through judicial proceedings, the government has asserted in court that it has no obligation to respond to complaints over the lack of due process in the dissolution of MDN, in complete disregard for its human rights obligations and the rule of law. We call on the Maldivian authorities including the parliament to conduct a transparent and public investigation into the arbitrary ban of MDN in line with international standards and UPR recommendations.

    Thank you.

    ***

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  • HRC46 Oral Statement on Item 4: General Debate on human rights situations that require the Council’s attention

    46th regular of the UN Human Rights Council

    Item 4: General Debate on human rights situations that require the Council’s attention

    Oral Statement Delivered by Ahmed Adam

    On behalf of the Asian Forum for Human Rights and Development (FORUM-ASIA)

     

    Friday, 12 March 2021

     

    Madam President,

    We welcome the Secretary-General’s update on the UN involvement in Myanmar. We reiterate the need for accountability for the systemic and structural failures of the UN in Myanmar and its “horrific consequences” including the ongoing genocide of Rohingya. As Rosenthal report suggests, lack of accountability for similar failures in the past, most notably, in Sri Lanka, led to their repetition in Myanmar. We call on the Council to continue to assess the steps taken to remedy these failures.

    We draw the Council’s attention to rapid deterioration of human rights and erosion of democracy in India. Violent crackdowns on recent farmers protests, temporary internet shutdowns in protests areas and blocking of social media accounts, sedition and other criminal charges against journalists covering protests, as well as criminalisation of human rights defenders including those in Bhima Koregoan case signal a dangerous trend in restrictions on fundamental freedoms in India. We call on India to ensure the rights to peaceful assembly, association and expression, and allow journalists, human rights defenders and civil society are able to continue their legitimate work without fear of intimidation and reprisals.

    Finally, we call on the Council to monitor the situation in Thailand where 66 human rights defenders and youth activists face criminal charges under the draconian lese majeste law.[1] These charges and pre-trial detentions of at least 18 activists[2] including Panusaya ‘Rung’ Sithijirawattanakul and Arnon Nampa under lese majeste and other criminal charges are part of the systematic attempts to silence the ongoing prodemocracy protests across the country. We urge Thailand to repeal the lese majeste law and align its legislation with international standards.

     

    Thank you

    [1] https://tlhr2014.com/archives/23983 (in Thai)

    [2] https://prachatai.com/journal/2021/03/92027

     

    ***

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  • HRC46 Oral Statement on Item 4: General Debate on human rights situations that require the Council’s attention

    46th regular of the UN Human Rights Council

    Item 4: General Debate on human rights situations that require the Council’s attention

    NGO Joint Oral Statement Delivered by Sandra Epal-Ratjen

    Thursday, 11 March 2021

     

    Mr. President,

    Franciscans International, Geneva for Human Rights, VIVAT International, Commission of the Churches on International Affairs of the World Council of Churches, CIVICUS  and Asian Forum for Human Rights and Development with the support of the International Coalition for Papua, Westpapua Netzwerk, TAPOL, the Commission for Justice, Peace and Integrity of Creation of the Franciscans in Papua and the Commission for Missing Persons and Victims of Violence (KontraS), would like to express our ongoing concerns about the human rights situation in West Papua,[1] Indonesia. In January 2021, the Office of the Attorney General announced the establishment of a ‘‘Special Team” to deal with 13 cases of alleged gross human rights violations, including the three cases in West Papua.[2]

    While the decision and efforts of the Government of Indonesia are to be acknowledged, its effectiveness remains to be seen, as this Special Team has no time frame.  The West Papuan cases had already been qualified and listed for attention by the Attorney General’s office in the last few years by the Indonesian National Commission for Human Rights (Komnas HAM).[3] However, those cases are yet to be translated into court actions.

    We are also concerned about the escalating violence and shrinking space for civil society in West Papua as highlighted by the OHCHR.[4]  We continue to receive information on new cases of human rights violations.[5] In Nduga, Intan Jaya, Puncak and Timika, hundreds of indigenous Papuans have been displaced due to the armed conflict between the Indonesian security forces and members of the West Papua National Liberation Army.[6] Church workers were targeted and killed.[7] Other Church workers, health personnel, and human rights defenders working with the IDPs fear for their safety. Between October 2020 and January 2021, at least 41 politically motivated arrests against indigenous Papuans were documented as well as convictions for peaceful protests. A proposed extension of the provisions in the Special Autonomy Law for Papua and the creation of new provinces and regencies, which West Papuan people and civil society believe would further militarize West Papua and marginalize the indigenous Papuans, have triggered widespread protests,[8] which have consistently been responded by arbitrary arrests.[9] Further, human rights defenders have been targeted.

    As a member of the Council, Indonesia should uphold the highest standards of human rights. Therefore, Indonesia should guarantee respect and protection of human rights, and a prompt and effective investigation, prosecution, and remedy the cases of gross human rights violations in West Papua, in conformity with its obligations under international human rights law. We also urge the Council to continue to give due attention to the general human rights situation in West Papua.

    Thank you.

     

    [1] West Papua is divided into two Indonesian provinces, Papua and Papua Barat.

    [2] The three cases are Wasior (2001), Wamena (2003) and Paniai (2014).

    [3] See also the statement of Indonesian National Commission on Human Rights (Komnas HAM) regarding the gross human rights violation in Papua at https://www.komnasham.go.id/index.php/news/2020/6/20/1446/polemik-penyelesaian-pelanggaran-ham-yang-berat-di-tanah-papua.html

    [4] See the media statement of OHCHR at https://bangkok.ohchr.org/papua-statement/

    [5] Following the death of a member of the Indonesian Army (TNI) on 15 February 2021 by the member of the West Papua National Liberation Army (TPN PB) in Intan Jaya region, the Indonesia Army conducted a raid in the region which resulted to the shooting and tortured which lead to the death of three indigenous Papuans, namely Mr Janius Bagau (27), Yustinus Bagau (24), and Soni Bagau (19), allegedly by the members of TNI. See https://www.humanrightspapua.org/news/33-2021/744-three-papuans-tortured-and-killed-by-security-forces-in-intan-jaya

    [6] We received information that until the second week of February 2021, around 650 persons left Nduga region due to the escalation of the tension between the members of Indonesian security forces and the West Papua National Liberation Army . Some went to the nearby town of Nabire, while some others are hosted in the Catholic institution compounds in Bilogai. See also https://suarapapua.com/2021/02/10/650-warga-dari-tiga-kampung-mengungsi-ke-pastoran-dan-susteran-bilogai/.

    [7] Rev. Zanambani, an indigenous Papuan Pastor and Mr Tigau, an indigenous Papuan catechist were allegedly victims of extrajudicial and arbitrary executions by the members of Indonesian security forces at the end of 2020. See also the concerned expressed by indigenous and non-indigenous Catholic priests in Papua on this killing at At the occasion of Human Rights Day, 147 indigenous and non-indigenous Catholic priests in West Papua issued an open letter regarding the human rights and humanitarian situation in West Papua. See https://www.humanrightspapua.org/images/docs/PRESS_CONFERENCE_MORAL_CALL_FOR_JUSTICE_CATHOLIC__PRIESTS__WP_Nov2020.pdf   

    [8] See https://www.thejakartapost.com/news/2020/09/30/tni-police-disperse-papuan-student-protest-against-special-autonomy-plan.html.

    [9] See also the arbitrary arrests of participants against the creation of new provinces in Papua https://www.cnnindonesia.com/nasional/20210127123234-20-598992/polisi-tangkap-peserta-demo-tolak-otsus-papua-di-depan-dpr

     

    ***

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  • HRC46 Oral Statement on Item 2: General Debabte on the High Commissioner’s update

    46th regular of the UN Human Rights Council
    Item 2: General Debate on the High Commissioner’s update

    Oral Statement Delivered by Ahmed Adam
    On behalf of the Asian Forum for Human Rights and Development (FORUM-ASIA)

    Thursday, 25 February 2021

     

    Madam President, we thank the High Commissioner for her update and the report on the human rights impacts of COVID-19.

    Governments across Asia have used COVID-19 pandemic to impose excessive restrictions and legitimise existing restrictions on fundamental freedoms and civic space. Several countries in the region, including India, Pakistan, Indonesia and Thailand, among many others, have used emergency measures to criminalise dissent as well as legitimate criticism of governments’ response to COVID-19 on the pretext of combatting misinformation about the pandemic. Many governments have imposed complete bans on peaceful protests with serious criminal charges for non-compliance.

    Such restrictions will have a long-lasting impact on human rights beyond the pandemic as governments continue to institutionalise them through legislation. We urge the Council and the High Commissioner to continue regular follow-up to report to prevent serious long-term implications of COVID-19 on civic space and fundamental freedoms.

    Finally, we reiterate grave concerns about the ongoing human rights crisis in Jammu and Kashmir where restrictions on fundamental freedoms continue more than one and half years after the revocation the constitutional autonomy. Raids in October 2020 on homes and offices of human rights defenders and NGOs by India’s anti-terrorism authorities are clear attempts at intimidation which have contributed to further escalation of the crisis. We call on India to remove all restrictions on fundamental freedoms and allow human rights defenders and civil society to continue their legitimate work without fear of reprisals. We urge the High Commissioner to continue to monitor and regularly report to the Council on the human rights situation in Kashmir. Thank you.

    ***

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  • HRC46 Oral Statement on Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

    46th Regular Session of the UN Human Rights Council

    Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development – General Debate

    Oral Statement Delivered by Syme de Leon on behalf of

    Asian Forum for Human Rights and Development (FORUM-ASIA)

    Monday, 8 March 2021

     

     

    Madam President, FORUM-ASIA draws the Council’s attention to violence against human rights defenders in Asia including killings and threats. In 2020, FORUM-ASIA recorded 37 killings of defenders across Asia, with the highest number of cases documented in the Philippines, Pakistan, and Afghanistan.[1]

    The report of the Special Rapporteur on the situation of human rights defenders presented to this session of the Council echoes concerns about the widespread killings of human rights defenders around the world.

    Vilification and normalisation of violence against defenders, often through government narratives and persistent impunity for violations against defenders fuel the conditions that enable these killings to repeat. This includes, for example, the continued use of violence and excessive force against HRDs protesting peacefully. Emblematic cases can be seen in Thailand, where pro-democracy protesters were met with water cannons laced with chemicals and protest leaders, with judicial harassment;[2] and in India where tear gas and batons have been used to disperse protesters challenging repressive laws that threaten their lives and livelihoods.[3] Similarly in the Philippines, vilification campaigns such as ‘red tagging’ by state actors, in particular against WHRDs, have resulted in the killings of many defenders. Most recently, Zara Alvarez, a prominent WHRD was gunned down by unknown assailants after being red tagged and receiving multiple threatening messages.[4]

    We are also particularly alarmed by the escalating crackdowns against peaceful protesters in Myanmar since the recent military coup, including through use of excessive force and lethal weapons which have resulted in killings, arbitrary arrest and detention, and internet shutdowns.[5]

    Human rights defenders are at the forefront of resisting government repression. Violence against defenders are often the first early warning signals of greater and more systematic restrictions of fundamental freedoms and human rights. The Council must pay closer attention to trends in violence against HRDs to prevent systematic and widespread human rights violations.

    Thank you.

    [1] Although these statistics alone are concerning, they only represent the emblematic cases that has been captured through FORUM-ASIA’S documentation. For more details on these cases and our statistics, please visit the Asian Human Rights Defenders Portal

    [2] https://www.forum-asia.org/?p=33374

    [3] https://www.forum-asia.org/?p=33846

    [4] https://www.forum-asia.org/?p=32519

    [5] https://www.forum-asia.org/?p=33889

     

    ***

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  • HRC46 Oral Statement on Item 4: Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar

    46th regular session of the UN Human Rights Council

    Item 4: Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar

    Oral Statement Delivered by Khin Ohmar

    On behalf of the Asian Forum for Human Rights and Development (FORUM-ASIA)

    Thursday, 11 March 2021

     

     

    Madam President, we welcome the Special Rapporteur’s report

    We make this statement in solidarity with the people of Myanmar. Their relentless, brave and peaceful protests against the military coup have been met with unprovoked brutal and indiscriminate violence and lethal force with assault rifles, semi-automatic machineguns, and snipers with the sole aim to kill.

    Since the coup, at least 60 people including women, children and medical practitioners have been killed, and more than 2000 people have been arbitrarily detained, and hundreds more injured. At least 3 cases of sudden death with signs of torture and at least 3 cases of torture in detention have been reported. The junta has blocked the access to social media, imposed regular internet shutdowns, banned 6 media outlets and arrested 36 journalists. The junta has also begun destroying evidence of its brutality including by confiscating mobile phones and raiding media offices.

    As a peaceful protester from the 1988 nationwide pro-democracy uprising, in which the same military killed hundreds of peaceful protesters, I implore you to listen to the people of Myanmar, the civil disobedience movement and the generation Z. Results of the November 2020 elections and nationwide peaceful protests against this illegal coup d’état are clear and unequivocal demonstrations that the military junta does not represent the people of Myanmar. There cannot be a true resolution to this crisis with compromises to appease the military.

    The UN and the world watched as the same military committed genocide against the Rohingya and war crimes and crimes against other ethnic communities. Failure to hold them accountable for those horrific crimes emboldened the military and created conditions for the current crisis. We call on the UN Security Council and the international community to impose global arms embargoes and targeted sanctions against the military, its businesses and associates. Most urgently, the Security Council need to dispatch a delegation to monitor the situation and prevent further atrocities. Myanmar people’s lives depend on it.

    Thank you.

     

    ***

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  • HRC46 Oral Statement on Item 2: Interactive Dialogue on the High Commissioner’s report on the promotion of reconciliation, accountability and human rights in Sri Lanka

    46th regular session of the UN Human Rights Council

    Item 2: Interactive Dialogue on the High Commissioner’s report on the promotion of reconciliation, accountability and human rights in Sri Lanka

    Oral Statement Delivered by Ahmed Adam

    On behalf of the Asian Forum for Human Rights and Development (FORUM-ASIA)

    Wednesday, 24 February 2021

     

     

    Madam President, FORUM-ASIA welcomes the High Commissioner’s report and echoes her concerns on the situation in Sri Lanka.

    Systematic surveillance and harassment of human rights defenders, civil society, journalists, victims and their families, in particular those who advocate for international accountability for past violations, have escalated in the past year Continued detention of human rights lawyer Hejaaz Hizbullah without charge since April 2020 reportedly under the Prevention of Terrorism Act is emblematic of the threats against human rights defenders in Sri Lanka. Such threats and fear of reprisals have led to increasing self-censorship and prevented active participation of defenders and victims in this session of the Council.

    Forced cremation of COVID-19 deceased contrary to the beliefs of Muslims and other minorities as well as WHO guidelines, and obstruction of memorialisation of victims of the conflict by the Tamil community are some of the recent examples of the growing majoritarian policies that have led to resurgence of violence and discrimination against ethnic and religious minorities.

    The 20th Amendment to the Constitution which undermines the independence of the judiciary and democratic institutions such as the Human Rights Commission of Sri Lanka and removes institutional checks and balances has accelerated Sri Lanka’s descent towards authoritarianism.

    The government has actively obstructed investigations into past violations and demonstrated it has no intention of pursuing accountability. The Council should not be misled by the appointment of a yet another Commission of Inquiry just ahead of this session of the Council. Any hope of justice for thousands of victims and survivors as well as prevention of further deterioration in Sri Lanka depends on the Council’s principled action based on the High Commissioner’s recommendations. Thank you.

     

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    For a PDF version of this statement, click here

    This post was originally published on FORUM-ASIA.