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Date: June 16, 2009
Document id: ALRC-COS-11-15-2009
Speaker: Michael Anthony
HRC section: Item 8: Follow-up and implementation of the Vienna Declaration and Programme of Action - General Debate
An Oral Statement to the 11th Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status
ASIA: Institutional failings blocking implementation of the Vienna Declaration
Thank you, Mr. Vice-President,
The ALRC is concerned that most Asian governments are significantly failing to implement key elements of the Vienna Declaration. Paragraph 30 condemns gross and systematic violations, including torture, summary executions, disappearances, arbitrary detentions and the lack of the rule of law. Paragraph 27 calls for all States to provide an effective framework of remedies through the administration of justice. The ALRC has repeatedly informed the Council of the lack of institutional safeguards and remedies available to victims of such abuses in the region. Where governmental institutions fail to protect rights, independent investigation mechanisms, both domestic and international, are an absolute necessity.
Paragraph 36 reaffirms the important role played by national institutions, calling for their establishment and strengthening in line with the Paris Principles. However, in Sri Lanka, the dysfunctional NHRC lacks any kind of independence. The method of appointment of its members violates the Constitution. No investigations into past and present gross violations are being conducted in the country.
In Bangladesh, the NHRC was created as a smoke-screen by an ordinance issued by the recent emergency government. The current parliament has not ratified the ordinance in the stipulated time, effectively making it an illegal body.
The appointment process of new commissioners for Thailand’s NHRC was non-transparent, undemocratic, secretive and conducted contrary to human rights principles, leading the ALRC to call for an immediate review and downgrading of Thailand's "A" Status to "C" Status, indicating non-compliance with the Paris Principles.
Out of seven new commissioners, only three have any actual experience concerning human rights. One of the seven, businessmen Parinya Sirisarakarn, was named in a report of the former NHRC for being responsible for environmental degradation in the northeast.
Three appointees are direct from state agencies, raising serious concerns about the independence of the commission and its ability to function at all. The inclusion of a senior policeman is of special concern, as the Royal Thai Police are the top violators of human rights in Thailand, for which they enjoy complete impunity.
Thank you
Webcast video: http://webcast.un.org/ramgen/ondemand/conferences/unhrc/eleventh/hrc090616pm3-eng.rm?start=00:13:25&end=00:15:28
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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 2009-06-17
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