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Dear friends,
We wish to share with you the following oral statement from the Asian Forum for Human Rights and Development (FORUM-ASIA) and the People's Solidarity for Participatory Democracy (PSPD) delivered at the 9th Session of the UN Human Rights Council under Item 4: General Debate.
Asian Human Rights Commission
Hong Kong
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FOR IMMEDIATE RELEASE
ALRC-FST-002-2008
September 18, 2008
An Oral Statement from the Asian Forum for Human Rights and Development (FORUM-ASIA) and the People's Solidarity for Participatory Democracy (PSPD) forwarded by the Asian Legal Resource Centre
SOUTH KOREA/BANGLADESH: Joint Oral Statement under Item 4: General Debate
(Geneva, September 17, 2008) While the Republic of Korea has been considered as one of the exemplary countries in the Asian region for its achievements in the promotion of human rights and democracy, FORUM-ASIA and its member organization, PSPD note with grave concern that recently there has been serious setback in the situation of human rights defenders in the Republic of Korea, which need a close monitoring and attention of this Human Rights Council.
In July 2008, regional and international human rights groups - Asian Forum for Human Rights and Development (FORUM-ASIA), Asian Legal Resource Center (ALRC) and Amnesty International ¡V conducted fact-finding missions in South Korea to gather information and investigate the numerous attacks against the human rights defenders participating in the candlelit demonstrations which have been ongoing since May 2008. In this regard, we would like to draw the attention of the Human Rights Council to the written statement A/HRC/9/NGO/21 which covers the findings from our joint fact-finding mission of FORUM-ASIA and ALRC.
The evidence gathered shows that lawyers, human rights group members, staff of the National Human Rights Commission, and even medical workers who were treating wounded people on the scene have fallen victims to outrageous and indiscriminate violence by the police, although they were wearing white or yellow vests clearly showing that they are human rights defenders to prevent any human rights violations on the scene. We would like to invite you to those video clips available on many of the global portal websites where you can easily confirm these human rights abuses by the police. It is striking that only one police officer has been brought to court while 2,500 people were severely injured during the candlelit demonstrations.
Moreover, the government of the Republic of Korea has been using the National Security Law and the Law on Assembly and Demonstration in a very deliberate manner to muzzle the voices of human rights defenders who have advocated the adverse impact of the government policies on the human rights situation.
For the last 100 days, more than 10 millions Korean citizens have participated in these peaceful candlelit demonstrations. Nevertheless, against the will of the people, it is outrageous that the government has announced to offer incentive and the privilege of immunity to the police so that they are more encouraged to arrest as many demonstrators as possible.
In this regard, we urge the government of the Republic of Korea which is the member of this Human Rights Council to:
- immediately stop criminalizing human rights defenders by releasing all the detained and by lifting their names on the wanted list, and provide all remedies for human rights defenders who have been injured by the police attack;
- bring all those perpetrators including the police to justice and take all necessary measures not to repeat this violent attack on human rights defenders;
- thoroughly review and revise the relevant laws and practices in order to ensure and strengthen the work of human rights defenders; and
- cooperate in earnest with the work of the Special Rapporteur on Human Rights Defenders.
Mr. President,
Now FORUM-ASIA would like to take this opportunity to remind those Asian States which declared a state emergency, Bangladesh, Mongolia and Thailand among others, of their obligations under the International Covenant on Civil and Political Rights (ICCPR). Article 4 of the ICCPR stipulates that any State Party availing itself of the right of derogation in time of public emergency, shall immediately inform the other States Parties, through the intermediary of the UN Secretary-General of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation. The Article 4 further stipulates that no derogation from its obligations to protect the right to life and the right to be free from torture may be made.
While we remain gravely concerned about the Bangladesh's unjustified, unconstitutional and prolonged 20-month state of emergency, we urge all UN members in their preparation for the forthcoming Universal Periodic Review (UPR) on Bangladesh to give particular attention to the following:
- the suspension of fundamental rights under the illegitimate emergency. We recall that the country's Supreme Court ruled on 13 July 2008, that all 79 ordinances issued by the current military government are unconstitutional;
- the endemic torture which is a tool of political and governmental repression and an inseparable part of law-enforcement in the county;
- mass arbitrary detention and the estimated 300 extra-judicial killings perpetrated by the state actors since the emergency began in early 2007;
- the closure of at least 160 newspapers as well as television news channel CSB News; and
- the threats, illegal detention and fabricated charges faced by journalist and human rights defenders who dare criticize the military government
Thank you, Mr. President.
Asian Forum for Human Rights and Development (FORUM-ASIA)
246 Times Square Building, 12 Fl., Room 12-01, Sukhumvit Road, Between Soi 12-14
Khlong Toei, Khlong Toei, Bangkok 10110, Thailand
Tel: +66-(0)2-653-2940 (Ext. 601) Fax: +66-(0)2-653-2942
http://www.forum-asia.org / una@forum-asia.org
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About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.
Posted on 2008-09-18
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