Statement on the 66th Birthday of Daw Aung San Suu Kyi June 19th, 2011

“Angeline Shannan” <ashannan.angeline@gmail.com>

 

Statement on the 66th Birthday of Daw Aung San Suu Kyi
June 19th, 2011

June 19th, 2011, is the 66th birthday of Burmese democracy leader Daw Aung San Suu Kyi. This is the first birthday she will celebrate free after spending fifteen of the last twenty years under house arrest. Since her release, she has enthusiastically continued her struggle with unwavering political conviction. Therefore, the Women’s League of Burma (WLB) would like to express our great respect for Daw Aung San Suu Kyi, and honor her on this special occasion.
On this occasion, we would also like to express our deep pleasure at Daw Suu’s video messages during key events.She greatly encouraged women migrant workers and activists in Thailand on International Women’s Day and inspired many others during her addresses to the 7th ASEAN People’s Forum in Indonesia in May 2011, and to the International Conference to End Violence against Women that was held from May 23‐25 in Canada.
In her video speech, she critically highlights the situation of women in Burma who have been suffering various violations under the dictatorship. She also clearly stated that if men and women work together to achieve human rights and democracy, the entire people of Burma will enjoy genuine peace. Each speech emphasized the lack of security of women, who are critical to the development of peace and democracy in Burma and as they comprise over 50% of country’s population.

The WLB is deeply concerned about Daw Aung San Suu Kyi’s security during her upcoming national‐wide organizing
trip due to her previous trip to Debayin in 2003, which resulted in a military regime backed massacre. In any case,
the current puppet government is fully responsible for her security against any political assassination attempt
throughout her trip.

Recently, the so called democratic government, led by president U Thein Sein, announced to be a faultless
government that is governing a prosperous country. This deception is an attempt to gain some legitimacy from the
people inside Burma and the international community. The recently issued false amnesty for prisoners and
escalating border conflicts show the real face of the new government. Moreover, people from Burma including Daw
Aung San Suu Kyi have no freedom of expression, which is imperative for any genuine democracy.

The WLB strongly urges this puppet government to resolve the ongoing conflicts in border areas, to release all
political prisoners unconditionally, and to begin a tripartite political dialogue with ethnic forces and democratic
parties, including Daw Aung San Suu Kyi, for peace and justice to transpire in Burma.

We also urge the United Nations and international community not to support or cooperate with the puppet
government until there is positive concrete change in the political situation in Burma. We also appeal to the
international community to increase support for innocent people, including women and children who suffer from
civil war, and to prioritize cross border assistance to people from Burma who face poverty and various untold
sufferings.

On this special occasion of Daw Aung San Suu Kyi 66th birthday, we, the WLB, would also like to urge the entire
people including the youth of Burma to work hand in hand with Daw Aung San Suu Kyi to topple the so called
democratic government and achieve genuine democracy and peace in Burma.

Contact

Daw Tin Tin Nyo + 66 810 322 882
Daw Lwin Lwin Hlain + 66 852 502 982
Daw Thin Thin Aung + 919 891 252 316
Saw Mi Mi Than + 880 1727 200 198

STATEMENT ON THE WORLD REFUGEE DAY 2011: SQUALID CONDITION OF THE ROHINGYA BURMESE REFUGEES IN THE WORLD

From come, e-mail; “National Democratic Party for Human Rights (NDPHR) exile South East Asia Regional Office” <ndphrexile_sea_regional@yahoo.com>

20 June 2011

Press Release

STATEMENT ON THE WORLD REFUGEE DAY 2011:
SQUALID CONDITION OF THE ROHINGYA BURMESE REFUGEES IN THE WORLD

We, National Democratic Party for Human Rights (NDPHR) (exile)-Headquarters based in the
United States of America and the South East Asia Regional Office in Malaysia, would like to
express our concern over Burma’s regime’s installation of the worst proportion of inhuman pogrom
against ethnic minorities in Burma. Particularly of the Rohingyas in western border of Burma
through out the forced labour, force eviction, forced extortion, forced extermination, forced
relocation, torture, extra judicial killings, rape, model village settlement, restriction on their
movement and freedom of worship, education, social and business development Rohingya
refugees which make continuous flow of refugees. Hence the Rohingya Burmese refugees are
languishing under the traumatic mistreatments around the world specifically in Bangladesh,
Thailand, Malaysia and Suadi Arabia.

As Rohingya refugees are Burma’s first refugees and defined as the world most oppressed group,
the plights received international attention and UNHCR’s supports thereupon global leaders have
yet to pave solution for the plights.

In Bangladesh, the situation is cramp and the government restricts aid of Rohingya. About 28,000
Rohingya Burmese refugees are in squalid at the UNHCR runs camps of Kutupalong and
Nayapara in southern district of Cox’s Bazar, have been there for three decades, and about 30,000
Rohingyas in unregistered camp are for years. While no one know how the rest about 250,000
Rohingyas in outside refugee camps are surviving. The UNHCR has resettled less than thousand
Rohingyas from the registered camps since the year 2006. The enormous problems in Bangladesh
are direct impacts on vulnerable Rohingya refugees in Bangladesh. Despite having well knowledge
of the world on repatriated refugees, UNHCR and Bangladeshi government have still uphold to
establish agreement with Burma for involuntary repatriation of Rohingya refugees. We would like
to call upon Bangladesh itself depends on funds, should not ban international aid of the other and
to respect non-refoulement and customary laws.

The expression of majority willing to repatriate by UNHCR in Aug 1994 was flawed after MSF
survey in March 1995 revealed that 63% did not want to repatriate. Therefore we deeply concern
for processing of repatriation of Rohingya refugees which advantages on their malnutrition or
starvation, stuck, with other stimulation by offers.

In Thailand, recent repeated mistreatments towards Rohingya boat people show Thai-authorities
barbarous commitment of genocide crimes against humanity and defiance against international
communities and international laws. Thai army and Internal Security Operation Command-ISOC
are responsible for misconception of the Rohingya as threat to Thai national security.

That lead in March 2008, Prime Minister Samak Sundaravej attempted to explore a deserted island to place Rohingya refugees living in Thailand, Bankok Post Paper on 28 March 2008.
Again in Dec 2008, total about 1116 Rohingya and some Bangladeshi boat people were towed into
international waters and more than half were feared dead including firing, some were shot dead on
boat and some were thrown over boat to drown.

Current PM Abhisit Vejjajiva had promise to hold all those involved to account. Instead of
investigation to bring into account or compensation for those lost of lives, Thai PM is still upheld
its authorities to treat rank-less behaviour towards vulnerable boat people.

Again in Jan 2011, three boats of Rohingya refugees landed over the weekend of January in
Southern Thai-waters, were similarly pushed back into international waters. A group 91 persons
rescued near India-Andaman Island and another group 129 persons rescued near Indo-Acheh.
We therefore would like to urge international community to take action on Thai-authority and PM
for pursuing similar crimes.

In Saudi Arabia, Rohingyas been there for five decades and still facing arrests, detentions and
forceful deportations, and exempt from basic rights. They are living mostly in Makkah, Jeddah and
Madina in poor conditions. Even though Former King Abdullah had showed a little favour towards
their plights, detention of Rohingyas is slightly increased from 5,000 persons estimated in 2008
Oct who were nab from Mecca and Jeddah. Those detainees were forced to accept to
say Bangladeshi and several hundreds were deported to Bangladesh in this manner. They are kept
without adequate foods and equipments in dilapidated buildings by guarding due to overcrowding
in prisons and failure of deportation. Most of them are in inhuman situation and suffering from
types of diseases, shortage of food and in non hygienic and squalid environment. Half of those
detained in dilapidated building had been escaped. This kind of treatments are totally unexpectable
in Muslim kingdom of Saudi Arabia therefore we would like to call Saudi Arabia to show
humanity towards its Muslim brothers and at least they must be protected under Islamic universal
Laws.

In Malaysia Rohingyas is the first among Burmese refugee groups. Rohingya refugees in
Malaysia have been languishing more than two decades in limbo with lack of basic needs.
Malaysia is not a signatory country therefore Rohingya refugees are still subject to arrest,
detention and other abuses. Current UNHCR representative has yet to explore assistance of widow,
over aged and sick Rohingyas, Rohingya families whose husband are kept in Australian
detentions, registration of unregistered Rohingyas whose data were collected since the mid-2009,
fair and equal opportunity in resettlement quota. Because there are less than 250 Rohingyas found
in UNHCR resettlement, about 43,000 refugees from Malaysia in the past decade. Compare to the
past years UNHCR has able to get release of refugee detainees from some detentions. But it does
not mean they are protected. There are still swapped in raids and hundreds of unreported
numbers are still languished and detained in dehumanized conditions where UNHCR service not
explore or access. The Malaysian government is also still silent on Home Minister said in Feb
2010 that the refugees to be allowed to work was being considered while waiting to be resettled in
third countries. We would like to call Malaysian government to corporate to find permanent
solution for the plights of Rohingyas refugees in Malaysia and to upgrade its detention system.
Repressions of oppressed Rohingya refugees in host countries became one of the issues
why Rohingya refugees in neighboring countries are busy to find a safe place through risky
journey. We see secondary movements of Rohingya refugees from Bangladesh to Malaysia and
Rohingya refugees in Malaysia departing for Australia because they expect to find more secure
and safe place. From the year 2006, we escalated that total Rohingyans landed to Australia from
Malaysia are; 8 Rohingyans by a boat in Aug 2006, 42 Rohingyans by four different boats in
between September to Dec 2009, 98 Rohingyans and 8 different ethnic Burmeses by six different
boats in between March to October 2010 and recently 18 Rohingyans landed near Ashmore
Reef by a boat on 12 May 2011. This last group was told that they would be transferred to where
they came from and they are kept separately for final decision near North West Point Immigration
Detention Centre of Christmas Island. One of the key reasons of their arrival was after the talk of
swap deal. We urge Malaysian government not to accept this 18 Rohingya men as Malaysia is not
in position to fulfill their basic needs and Malaysia has yet to settle existing Rohingya cases.
108 Rohingyans landed by a boat in Pulau Kendi, off Penang on 4 March 2007, were detained in
Juru detention camps and half of them were deported to Burma border through voluntary
corporation with Thai. The rest were langusihed for fear of repatriation so that they were finally
handed over to human traffickers in Malays-Thai border.

A few of trafficked in fishing boat were landed in Terenganu beach in Oct 2007 after broke down
the engine. They were detained in Ajil detention camp and some accessed UNHCR’s intervention.
93 Rohingyans landed by a boat in Kedah in Mrch 2010 after received aid from Thai. They were
detained prolong then finally some got UNHCR’s intervention.

Some of those Thai pushed back Rohingya boat people in Indonesia captured in Malay-waters in
March 2010, were detained prolong and a few were met UNHCR accessement.
We also found that Rohingya boat people asylum-seekers in Australian detentions are being the
longest group and treated unequally in visa processing and then detained inappropriately by
advantaging on security checks despite Australia has well understanding about Rohingya position
and Australia itself is one of the country which advocate for their plights and contributed for the
welfare of Rohingyas both in home and exile. Such prolong detention contracts psychological
torture and affects mental and then that bruise their families left behind. On the consequences of
pressure so far 32 of 42 Rohingya refugees arrival in 2009 were released after averagely detained
13 months, the rest six persons in Northern Immigration Detention Centre (NIDC), 3 persons in
Villawood and one person in Maribyrnong detentions are still languishing in limbo. Including two
of them; Mr Habiburahman is head and Mr Sayad Kasim is Joint Secretary of NDPHR (exile)
South East Asia Regional Office based in KL, Malaysia, have been detaining now in 18 months in
NIDC. Their lives in Malaysia were risked and they both had been personally experienced with
arrests, detentions and deportation to human traffickers in Malay-Thai border.

We acknowledged their detention is worst than mandatory detention as mandatory detention has a
mandate with key values which ensure fair and humane treatment. The period of their detention
excessive length of proper process while thousands of clients who arrived lately and faking
Rohingya cases were already released. Unfortunately, such indefinite detention doesn’t import
the way to have good conduct and good order in Australian society. They proved their identities
received UNHCR-Malaysia but their cases are still hanging for puppet security checks regardless
of government notice released on 17 March 2011. There is no Rohingya threat to Burmese society
or other country. Rohingya community in Burma have been terrorized at least five decades by
terror military government. Moreover, they are bounded in the cycle of arrests, detentions,
deportations and other brutal abuses in neighbouring countries. Therefore, their detention is
nothing more than arbitrary detention of innocent refugees.

We concerns seriously for prolong detention of the world most oppressed Rohingya refugee
asylum-seekers detained in Australia and Australia as a leader in humanitarian fields and that uplift international laws, should not detained inappropriately, nor materialize the swap deal to send back Rohingya refugee boat people asylum-seekers to the country where is not safe for refugees and asylum-seekers even for legal migrants. Despite boat people issue in Australia brought to a hot debate by politicians, their rights in Australian territory should not be deprived for political interaction. This is nothing more than degrading of Australia’s human rights record and letting to mess-up the situation.

In summary we also would like to call international communities to encourage UNSC to take
action unexceptionally on military regime. Burma’s neighbouring countries or its associations does
not import security and safety of the Burmese people therefore there is nothing to rely on them.

Thank you,

Executive Committee
National Democratic Party for Human Rights (NDPHR), exile
Headquarters, United States of America
For media contact:
Kyaw Soe Aung Te: +14147364273

60 YEARS AFTER 1951 REFUGEE CONVENTION: STOP WAR AND CONFLICT, REDUCE THE NUMBER OF REFUGEES.

 20 June 2011

 Press Statement

 60 YEARS AFTER 1951 REFUGEE CONVENTION: STOP WAR AND CONFLICT, REDUCE THE NUMBER OF REFUGEES.

Today 20 June 2011 is World Refugee Day. The day to remember the struggle and hardship refugee went through all their life. Myanmar Ethnic Rohingya Human Rights Organization Malaysia (MERHROM) remember this day every year as we hope there is a future for us as year change. However we regret to see there is no changes in our conditions as years pass. We regret to see the number of refugees, asylum seekers, stateless and displaced persons increase year by year. Today also mark the 60th Anniversary of 1951 Refugee Convention. This is very important day because after 60 years of existence of Refugee Convention, we must analyze whether this convention has done enough to protect refugees and persons of concerns to this convention.

Every year we see war and conflict emerging in many countries. This is very worrying as more and more people will flee their countries and become refugees, asylum seekers, stateless and displaced persons. While many refugees has found their new home after Resettlement to third countries, there are many more refugees struggling for survival.

There are too little countries involved in Resettlement of refugees compared to the number of refugees, asylum seekers, stateless and displaced persons that born each day. This shows that United Nations agencies especially UNHCR, State Parties to the Refugee Convention and World Leaders must adapt new strategy in dealing with refugee issues.

Most resources must be channel for prevention of war and conflict so that the number of refugee will be reduce. The failure of United Nations, World Leaders and International Community to stop the war and conflict cause more and more people becoming refugees, asylum seekers, stateless and displaced persons.

All parties must be honest in dealing with refugees because we are vulnerable. It is not only affecting one refugee itself but few of its generation. The conditions of Rohingya refugees in Bangladesh and Malaysia is a classic example of how the failure of UN agencies and World Leaders destroyed the generation after generation. There is no more future for them.

In South East Asia, most refugees and asylums seekers come from Myanmar due to persecution and prosecution by the junta. This is not only affecting the refugee personally but also has create many impact to neighboring countries especially Bangladesh, Malaysia, Thailand, Cambodia and Indonesia. ASEAN Leaders must seriously deal with junta to stop the flood of Burmese refugee to neighboring countries.

Being a refugee in a foreign land is very hard and though because some transit countries did not sign the Refugee Convention that provide protection to the refugees and persons of concerns. Meaning that in most situation, refugees are not recognized and protected. Those who sign the Refugee Convention must be able to follow the principles.

In May 2011 we were shocked by the plan of the Australian government to deport 800 asylum seekers to Malaysia. This should not happen as Australia is a signatory to the 1951 Refugee Convention while Malaysia is non-signatory. We really hope the Australian and Malaysian government to stop the plan for the sake of the asylum seekers. There should be other alternative to deal with the issue.

In current situation where the price of goods has increase tremendously, refugees are more depressed in order to survive. We face various problem in order to continue our lives. We do not have rights to work, education, health care and legal document which the most important for our survival.

The time has come for the United Nations, World Leaders and the International Community to look back what they have done 60 years ago and what they want to achieve for the year after. While the United Nations agencies protect refugees around the world, more effort must be channel to stop war and conflict which is one of the root causes of people becoming refugee, asylum seekers, stateless and displaced persons.

In relation to the treatment of refugees, UNHCR must be equal in protection of refugee without any discrimination and distinction based on race, religion, ethnic or nationality. In Malaysia for example, the number of Resettlement of Rohingya refugees are very small compared to other ethnic of the same country. This should not happen as we are also refugee and made stateless in our own county by the junta.

On behalf of Burmese refugee, we urge the United Nations, World Leaders, ASEAN Leaders and the International Community to seriously look into our plight as more and more Burmese fleeing the country each day to save their life. Stern action must be taken to junta who cause millions of Burmese people are prosecuted, killed and suffering in different ways. The junta has committed the crime against humanity and must be brought to the International Court of Justice. There must be political change in Myanmar in order to resolve refugee issues.

In conjunction with the 60th Anniversary of the 1951 Refugee Convention, we demand:

  1. More effort to lobby countries to accept refugees under Resettlement Program

  2. More countries especially transit countries of refugees to sign 1951 Refugee Convention

  3. Increase effort by the United Nations and World Leaders to stop war and conflict

  4. UNHCR to equally treat refugees regardless of their race, religion and nationality

  5. Transit countries to protect refugees and asylum seekers and give them their rights until we resettled to third countries

  6. Stop deportation of refugees, asylum seekers, stateless and displaced persons.

 Thank you.

 Yours sincerely,

Zafar Ahmad Bin Abdul Ghani

President of Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)

Tel: 6016-6827287

Email: rights4rohingya@yahoo.co.uk

Blog;: http://www.merhrom.wordpress.com

Heavy rain and landslides cut Maungdaw-Buthidaung road

http://www.kaladanpress.org/v3/images/stories/slide/rohingyaculture-01.jpg&#8221; alt=”" width=”500″ height=”326″ />http://www.kaladanpress.org/v3/images/stories/slide/rohingyaculture-02.jpg&#8221; alt=”" width=”500″ height=”326″ />

Rohingya traditional carrying harvest paddy

//

Heavy rain and landslides cut Maungdaw-Buthidaung road

Thursday, 16 June 2011 13:15

Maungdaw, Arakan State: Heavy rain and landslides have cut off the main road connecting Maungdaw and Buthidaung today, said Hashim, a driver who frequently travels on this road.

The road of Maungdaw-Buthidaung condition after raining

 

Read more: Heavy rain and landslides cut Maungdaw-Buthidaung road

Deep sea gas blocks open to export

Thursday, 16 June 2011 13:11

Chittagong, Bangladesh: The government has signed a production-sharing contract (PSC) with American firm ConocoPhillips for exploration of oil and gas in the deep sea blocks while discounting howls of protests, according to Petrobangla Chairman Hossain Monsur.

 

The map of oil and gas fields in Bangladesh

 

Read more: Deep sea gas blocks open to export

116-year-old Rohingya female still strong and healthy

Thursday, 16 June 2011 13:05

Chittagong, Bangladesh: A 116-year-old grandmother who is the oldest living female in the Rohingya community is still strong and healthy, said Amena, a granddaughter of the elderly woman.

116-year-old grandmother, Nawnam Bahar

 

Read more: 116-year-old Rohingya female still strong and healthy

Police officer harasses Rohingya in Maungdaw

Tuesday, 14 June 2011 14:34

Maungdaw, Arakan State: Police officers from the district police department are harassing the Rohingya community in Maungdaw after the district police chief went to Akyab (Sittwe), according to an aide from the district police office.

Read more: Police officer harasses Rohingya in Maungdaw

Village administration head officer and Nasaka collect money from villagers

Tuesday, 14 June 2011 14:32

Maungdaw, Arakan State: The village administration head officer and officers from the Burma border security force (Nasaka) personnel station at Kyauk Pyin Seik (Nari Bil) have been collecting money from local villagers since June 10, said a villager from Nari Bil.

Read more: Village administration head officer and Nasaka collect money from villagers

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UNHCR plans varied World Refugee Day programme during 60th year

From News;  http://www.unhcr.org/4df231cf6.html

UNHCR plans varied World Refugee Day programme during 60th year

News Stories, 10 June 2011

© UNHCR/G.Gordon
Refugees flee from conflict in Africa. Their plight will be the focus of global attention during World Refugee Day.

GENEVA, June 10 (UNHCR) – The UN refugee agency, in its 60th year, will mark World Refugee Day with a rich and varied programme of events in locations worldwide and the launch of a new global awareness campaign.

UNHCR will start rolling out the multimedia “One” campaign next week. Over the next six months it will increase awareness about the forcibly displaced and stateless by telling their powerful personal stories. The campaign will carry the message that “One Refugee Without Hope is too Many.” UNHCR Goodwill Ambassador Angelina Jolie has recorded a World Refugee Day message that ties in with the campaign and calls on people to “Do 1 Thing.”

The Italian capital of Rome will be the focus of this year’s events on World Refugee Day itself (June 20), with High Commissioner António Guterres due to present UNHCR’s annual statistics report on the number of people of concern to the agency. He will also preside over a special commemorative event that will be attended by Italy’s President Giorgio Napolitano and six refugees, including a Polish survivor of the Holocaust in World War II. Rome’s ancient Colosseum will again be bathed in UN blue, one of many monuments around the world to be spotlit to mark the occasion, including the iconic Empire State Building in New York.

Activities and special events will not be restricted to June 20, but will start in the week ahead of the special day. Guterres, for example, will be going to Italy’s Lampedusa Island on June 19 to meet some of the thousands of people – including refugees and asylum-seekers – who have risked their lives to cross the Mediterranean Sea on overcrowded vessels from Libya.

UNHCR staff have been planning for World Refugee Day (WRD) for months and have prepared a wide range of activities, including light shows, film screenings, lectures, panel discussions, food bazaars, fashion shows, cultural performances, concerts and sports contests. There will also be competitions, tree planting, speeches, poetry recitals and photography exhibitions, including a special collaboration with the prestigious Magnum agency – “60 Years, 60 Lives” – to mark UNHCR’s 60th anniversary in a year that also marks the 60th anniversary of the UN Refugee Convention.

The agency’s partners, including governments, donors, non-governmental organizations, Angelina Jolie and our other Goodwill Ambassadors, will be doing their part to help, and refugees in camps and urban centres around the world will participate while enjoying much needed recognition. UNHCR has an ambitious social media campaign to promote the day and spread awareness about the “One” campaign.

EUROPE

Several European countries – Austria, Finland, Germany, Hungary, Ireland, Italy and Portugal – will be holding special football tournaments between citizens of the host countries and refugees and asylum-seekers in cooperation with local partner organizations. Side attractions will include food stalls, face-painting, information stands and music. A number of countries in Europe will also hold umbrella parades, symbolising protection, including the United Kingdom and Austria.

In the French capital, Paris, UNHCR and several partners will on June 27 organize a WRD-linked writers’ conference on exile, asylum and identity. It will bring together a number of writers who are, or have been, refugees or exiles in France, including Marjane Satrapi, Elias Sanbar, Paula Jacques, Zoe Valdes, Atiq Rahimi and Alain Mabanckou.

UNHCR’s office in Strasbourg, meanwhile, will on June 20 open a three-day “living library” in the parliamentary assembly of the Council of Europe. This will gather refugees, asylum-seekers and stateless people who can be borrowed by the public, like a library book, for a limited period of time, during which the “reader” finds out about their history. A similar event will be organized by UNHCR on June 21 in Nicosia, Cyprus.

Also in Strasbourg, Deputy High Commissioner for Refugees T. Alexander Aleinikoff will join high-profile judges and academics from Africa, Europe and the Americas taking part in a June 15-16 conference on the role of regional human rights courts in interpreting and enforcing legal standards for the protection of forcibly displaced people.

Britain will hold its traditional Refugee Week with hundreds of events planned around the country. There will be a Celebrating Sanctuary Festival beside the River Thames in London, where a UNHCR tent will be pitched. On June 20, as part of a Simple Acts campaign, Home Secretary Theresa May will invite a group of refugees to afternoon tea.

In Scandinavia, there will be a major live event on World Refugee Day at Sweden’s largest and busiest railway station – Stockholm Central. There will be a miniature refugee camp built from tent-shaped cards, and a big UNHCR tent inside the station. TV monitors will show UNHCR films and messages.

In Tallinn, Estonia, striking refugee photos by Norwegian photographer Espen Rasmussen will be exhibited. In nearby Lithuania, people will take part in a bike tour of the capital, Vilnius, on June 20.

To the east, in Moscow, UNHCR and the Russian Federation’s Civic Chamber will on WRD launch an exhibition of 50 photos taken by refugee children residing in and around Moscow. The images, recorded on disposable cameras provided by UNHCR, depict the world these children live in.

A slate of interesting activities is planned across Georgia, including a joint production between UNHCR and the Tavisupali Theatre of a drama about what it’s like to be a refugee, internally displaced or stateless. It will be performed on June 18 in Zugdidi and on June 20 in the capital, Tbilisi.

UNHCR’s Athens office will be staging a multicultural event that will bring together young Greek people and refugees and help to spread awareness about the forcibly displaced and understanding for their plight in a country where racism and xenophobia are problems. Special guests will include UNHCR Goodwill Ambassador George Dalaras and prizes will be awarded to a UNHCR-run contest on social integration and the promotion of coexistence.

© UNHCR
One of the trams in Europe UNHCR public awareness and World Refugee Day messages.

In Belgium, UNHCR has decorated the tram that runs along the country’s coastline until the end of November. A series of tents is depicted on the outside of the tram, with the written message: ”Ýeah, holidaaaaay! Nope, a refugee camp.”

In the Romanian capital of Bucharest, popular restaurants, artists and photographers will get together on June 18 to present “SlideLuck PotShow,” an event that combines eating and visual arts, including photos from the Magnum exhibition. Artists submit images and guests and restaurants bring along food. The lights are dimmed, the crowd hushed, and the show begins.

ASIA-PACIFIC

For the first time, the Tokyo Tower – Japan’s second tallest artificial structure – will be lit in blue for three hours from seven o’clock on the evening of June 20. But because of tsunami-linked damage to the Fukushima Daiichi nuclear power plant, the lighting will be at 50 per cent of normal brightness.

UNHCR’s Malaysia office will celebrate early, with a public event at the Kuala Lumpur Sentral Station on June 18-19. Several thousand visitors are anticipated to attend while more than 200 refugees will also participate and interact with the public. Malaysians will be able to sample what it’s like to be a refugee by going through a series of scenarios in a maze-like structure.

In neighbouring Thailand, a refugee film festival will be held from June 20-22, kicking off with the screening of “Moving to Mars,” which tells the epic journey from a refugee camp in Thailand to the UK made by two families from Myanmar. UNHCR resettlement experts will later talk to the audience.

Hong Kong will also host a film festival among many other events. Popular Chinese actress Yao Chen is expected to help promote WRD events in mainland China and Hong Kong.

Indonesia’s WRD plans include an exhibition of handicrafts made by refugees, cooking, flower arranging and drawing and colouring competitions, tree planting, a futsal match and a badminton tournament.

MIDDLE EAST

In the Middle East, UNHCR will be screening the premiere on World Refugee Day of “United in Exile,” by Syrian director Nabil Maleh. The 45-minute documentary portrays the lives of Iraqi refugees in Syria. It will be screened at the Opera House in Damascus.

In the Lebanon, staff of the popular TSC supermarket chain will wear UNHCR t-shirts for the week beginning on June 20, while on June 25 refugees will sell handicrafts in eight UNHCR tents to be pitched in Beirut’s flea market, the Souk-el-Tayeb. The same day, UNHCR will help judge a talent show for refugees at Saint Joseph University.

Despite the volatile situation in North Africa, UNHCR will be organizing a concert by famed local oud (lute) player, Lofti Bouchnaq, in the open air theatre of the Tunisian town of Djerba on June 20. The refugee agency has also organized a photo competition for Tunisians, with applicants asked to send images of the influx of tens of thousands of people fleeing Libya since February. A selection will be exhibited on June 18-19 and the winner will receive a professional camera.

AFRICA

Several events are planned in South Africa, many of them linked to the new “One” campaign and what people can do to help refugees. On June 20, UNHCR will use a ceremony in Soweto to launch the kwaito-style song, “I’m My Brother’s Keeper.” Performed by well-known local artists Zonke and Stoane, it promotes tolerance and peaceful coexistence between locals and foreigners, including refugees and asylum-seekers.

In Chad on World Refugee Day, UNHCR will help organize a debate at N’Djamena University on “Refugees and Migrants in Chad.” In Ghana, UNHCR will launch a six-month fund-raising project to provide secondary education scholarships to 60 refugee students.

A 10-kilometre walk will be held in the Democratic Republic of the Congo capital, Kinshasa, to promote awareness about the “One” campaign, with more than 5,000 people expected to take part. In the southern town of Lubumbashi, films will be screened at the Halle de l’Etoile, followed by a debate on the situation of refugees in the vast country.

Restaurants in Uganda will hold special WRD meals from June 16-20, with 25 per cent of the proceeds going to help urban refugees. Staff from UNHCR and partner agencies will take on refugees in a football match in Kampala on June 17, while there will be a WRD parade through the city two days later.

AMERICAS

The Americas will be the last to celebrate World Refugee Day, but not the least. On the day itself, former Somali refugees Siham and Iman Hashi will give a special musical performance as “Sweet Rush” in Washington DC’s Kennedy Centre. The event will also feature the exhibition, “Nowhere People,” by award-winning photographer Greg Constantine, which will be on display in the Hall of Nations from June 13-July 10.

Elsewhere in the United States, Goodwill Envoy and acclaimed author Khaled Hosseini will join a senior UNHCR official in a public event at the World Affairs Council of Northern California in San Francisco on June 16. In New York, meanwhile, the top floors of the Empire State Building will be illuminated in blue for the second year running. The Norwegian mission to the United Nations, UNHCR and the Women’s Refugee Commission will host a Nansen lecture on “The Changing Face of Displacement in the 21st Century.”

Across the border in Canada, many cities have full activities planned. In Toronto, the CN Tower, once the world’s tallest man-made structure, will be lit blue. There will be a ministerial event in Ottawa to mark WRD and UNHCR’s 60th anniversary, while Montreal will have information stands, concerts, dance performances and photo exhibitions.

In South America, an event on the theme of “Put Yourself in a Refugee’s Shoes” will be organized on Colombia’s border with Venezuela attended by celebrities Andrea Echiverri and Sebastian Yepes. In the northern Ecuador town of Lago Agrio, locals and refugees are organizing a WRD meal for 500 people, including a whole roasted cow. Meanwhile, the tiny riverside community of Barranca Bermeja, on the border with Colombia, will mark the day with electric light for the first time, after being linked to the national grid with UNHCR help.

In Costa Rica, UNHCR will organize a theatrical performance on the streets of San José on June 20. Young people will hand out flyers with key messages that reflect the suffering of the displaced. And in Mexico, UNHCR and the Mexican Refugee Commission will stage story-telling performances from June 21-24 for unaccompanied refugee children and young Mexicans living in shelters. The annual WRD festival will be held in Mexico City on June 25.

STATEMENT OF THE 2011 ASEAN CIVIL SOCIETY CONFERENCE/ASEAN PEOPLES’ FORUM

Saturday, May 07, 2011

From;  http://charleshector.blogspot.com/2011/05/human-rights-defenders-rights-receive.html

Human Rights Defender’s Rights receive attention at Asean Peoples Forum 7

STATEMENT OF THE 2011 ASEAN CIVIL SOCIETY CONFERENCE/ASEAN PEOPLES’ FORUM

We, more than 1,300 delegates at the 2011 ASEAN Civil Society Conference/ ASEAN Peoples’ Forum, representing various civil society organizations and , movements of workers from rural and urban sectors as well as migrant sector, peasants and farmers, women, children, youth, the elderly, people with disabilities, people affected by leprosy, urban poor, indigenous peoples, ethnic minorities, traditional fishers, refugees, stateless persons, people in exile, victims of human rights violations, domestic workers, Lesbian Gay Bisexual Transgender/Transsexual Intersex and Queer (LGBTIQ), sex workers, women in prostitution , drug users, people living with HIV/AIDS, human rights defenders and other vulnerable groups, gathered together in Jakarta, Indonesia, 3-5 May 2011 to discuss the main concerns confronting the peoples of ASEAN and developing key proposals for the 18th ASEAN Summit.

We reaffirm the fundamental principles of democracy and rule of law, human rights and dignity, good governance, the best interests of the child, meaningful and substantive peoples’ participation, and sustainable development in the pursuit of economic, social, gender and ecological justice so as to bring peace and prosperity to the ASEAN region.

Human conditions and issues confronting the peoples cut across all current pillars of the ASEAN. ASEAN governments must adopt a more holistic approach with regards to development, equal and just treatment of the peoples, and harmonize its policies and practices of all its pillars. Furthermore, the principle of free, prior and informed consent of for all peoples, especially indigenous peoples must be pursued in the fulfilment of all political, economic and social agreements under the ASEAN. The ASEAN must ensure that its development initiatives do not further aggravate environmental hazards, destruction of traditional community coastal area lands and forest and global warming.

ECONOMIC PILLAR

While ASEAN recognizes the development asymmetries that exist in the region and the urgent need to narrow the development gap to ensure that economic benefits are felt by the poorest and marginalized sectors, its continued and aggressive push for neoliberal policies including free trade agreements (FTAs). These agreements are negotiated in almost total secrecy and devoid of people’s participation, and in the absence of clear mechanisms to coordinate trade policy at the regional level, poses a very serious threat to people’s rights to jobs and livelihood, food, health, access to medicines and education; and would undermine efforts to address poverty and inequality in the region.

Extractive industries (hydrocarbon, coal and mineral) are important in the South East Asian context as they are vital for the ongoing socio-economic investment and development in the region – and are likely to be so in future. The challenge now facing most countries is how to make the operations of extractive industries transparent and accountable across all stages of the extractive decision-chain. This is a challenge requiring the attention of all stakeholders: governments, citizens and corporations alike.

Current policies and programs on trade liberalization, as well as unjust taxation systems, have not protected the peoples of ASEAN and instead privilege business sector and investments such as various mega projects in coastal waters and along major rivers like deep sea ports, mega hydropower plants, sand mining, mining of mineral resources, establishment of large-scale plantations, which results in degradation of national resources and exacerbates the impacts global climate change in the region. This has resulted in increasing displacement of communities, erosion of culture, hunger, disease, malnutrition and poverty, deteriorating living conditions of farmers, fisher folk, indigenous people, workers, especially women and children.

We call upon ASEAN and its member states to:

  1. Ensure that people’s needs and rights are at the heart of any economic development including trade arrangements through instituting and practicing political accountability on all economic decision-making processes, including bringing in civil society to participate as a full stakeholder, in order to arrive at equitable and sustainable development and trade systems. ASEAN has to abandon unjust free trade agreements and replace them with an alternative development paradigm that rejects neoliberal economic policies, in order to pursue justice for small farmers, fisher folks and workers, protection for the livelihood of rural communities and enhancement of food security, food sovereignty and food self-sufficiency of ASEAN countries.

  1. Conduct human rights, health, social and environmental impact assessments of all existing ASEAN FTAs and other trade and economic agreements and re-negotiate if necessary agreements that are proven to be detrimental to the regional and national development interests.

  1. Affirm ILO labor standards and Doha Declaration on Public Health in FTA negotiations. Eliminate contract and labor outsourcing system and stop discrimination among workers. Health rights of workers can only be realized if informal workers such as domestic workers are given full labor rights including days off to access health services. Ensure production and distribution of more affordable generic medicines. Reject FTAs as they support the privatization and commodification of health care services, and make health services expensive and inaccessible, and protect corporate interests at the expense of public health policy.

  1. Take firm action to stop land-grabbing, regulate investments in agriculture with priority given to poor farmers, and support land reform program to secure land rights of peasants, by establishing common policy framework and guidelines on agrarian reform and sustainable agriculture. Enact Land Use policies that promote sustainable resource management.

  1. To increase public investments for smallholder agriculture towards increasing food productivity through sustainable and agri-ecological farming systems, strengthening market-access initiatives to minimize food prices volatility, empowering peoples’ organizations, and supporting the redistribution of arable lands to small food producers.  Support services must be adequately provided including seed, water, farm inputs, credit, social insurance, research and extension, education and capacity-building of farmers, basic infrastructure, storage and transportation, etc.

6.      ASEAN member states must develop social protection measure to cushion the effects of the food price crisis, especially to rural women and children, who are most vulnerable to the food price volatility.

7.      ASEAN member states must provide a conducive environment for income generation and employment opportunities for the poor as well as existence to link small farmers to markets, and build their capacities on ICT, market information, and enterprise managers.

8.      ASEAN member states must increase investment in research, education and program support in diversifying food production and dietary habits to reduce dependence on rice.

  1. In recognition of the principle of restorative justice, ensure that tax policies and programs appropriate tax funds for human rights, ecological and gender justice.

  1. To take immediate action to curb food speculations and strengthen regional cooperation on developing a more responsive Regional Food reserves that will help stabilize food supply and price. Moreover, it showed support national and community food reserves.

  1. In recognition of the principles of restorative justice, ensure that tax policies and programs support human rights, ideological and gender justice.

  1. Recognize and support environmentally sustainable and culturally appropriate local initiatives and traditional practices of farmers, fishers, indigenous communities and women to adapt to and mitigate climate change.  Extractive activities which adversely affect the resilience of farming and fishing communities need to be stopped.

  1. Work toward and adopt a comprehensive framework on extractive industry transparency. This framework could be served as the basis for the harmonization of policies and practices of oil, gas, and mineral of the member countries of ASEAN, thus ensuring that the existing internationally recognized standards pertaining to human rights, the environment is upheld, and the benefits generated by the extractive industries extend to all citizens in ASEAN, now and in the future. ASEAN to urge and encourage Burma to consider imposing a moratorium on mega-projects and extractive industries harmful to the Burmese people’s housing and land rights.

  1. Discuss and implement guidelines on illegal, unregulated, and unreported fishing (IUU) in shared/common water bodies in the Southeast Asia Region in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) and the UN-FAO Code of Conduct for Responsible Fisheries and must be recognized in the ASEAN Charter and Treaty of Amity and Cooperation.

  1. ASEAN trade policy on fishery product must consider the nature of fishery as an environmental good to protect fishing grounds, avoid the depletion of stocks and environmental degradation in coastal. ASEAN must consider consultation with fisher and coastal communities in drafting the ASEAN good aquaculture practices to ensure that fishers’ rights and the welfare of coastal communities are respected and avoid harm to natural resources.

  1. Push for the realization of access to water as a human right and halt and reverse the privatization and commodification of water to ensure the delivery of clean affordable water to communities.

  1. Recognize and address water injustices and the water crisis and take appropriate urgent steps in protecting people’s rights to water services and water resources.

  1. Adopt a rights-based approach to development and economic policies and uphold housing and human rights of peoples in the region. Member states must ensure that their land and housing policies are consistent with internationally accepted housing and human rights standards.

  1. Demand all ASEAN member states to allocate adequate financial and human resources and to take necessary measures for the realization and achievement of the Millennium Development Goals by 2015 as set out by the UN

SOCIAL AND CULTURAL PILLAR

We strongly urge ASEAN member states to sign and ratify the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol.

Labour

  1. ASEAN member states must eliminate contract and labor outsourcing system and stop discrimination by giving all workers permanent employment status.

  1. We urge ASEAN to adopt welfare state systems to ensure social security for all peoples in the region

  1. ASEAN member states must allow all workers including migrants to establish independent and autonomous trade unions for the protection of labour rights. ASEAN member states must ensure that all migrant workers receive the full protection of labour laws in the countries, which they are working.

  1. ASEAN must act against attempts by employers to disguise or evade employment relationships to the detriment of labor or workers rights.

  1. ASEAN members must recognize domestic work as work and provide domestic workers full labour rights and legal protection. All ASEAN members should support and commit to the ILO Convention on Domestic Workers. We urge ASEAN to respect ILO Core Convention 87 and 98.

Migrants

  1. As elaborated in Article 22 of the Declaration, we call on all state parties to make efforts to comply with the provision of the declaration; the Secretary General is to submit annual report cards in regard to the compliance of the states parties to the Declaration.

  1. All ASEAN member states should work together to fast-track the process of adopting a legally-binding instrument that protects and promotes the rights of ALL migrant workers and members of their families. This process must be transparent and actively involve migrant associations, trade unions and other representatives of civil society.

  1. Recognising the increasing numbers of women migrant workers in the region who are working in precarious conditions, states parties should remove reservations to the CEDAW and the CRC. At the same time, it should also recognize CEDAW General Recommendation 26, adopted in November 2008. The instrument should reflect this commitment to address the specific working and living conditions of all women migrants.

  1. All ASEAN member states must repeal policies of contractual termination and deportation on the ground s of pregnancy and communicable diseases, such as HIV/AIDS.

  1. States must provide social protection that includes provisions for health care and medical insurance, and that promote safe working environments for all migrant workers and their families.

  1. Given the movement of migrants in the ASEAN region, ASEAN must support a residence-based (as opposed to a citizenship-based) health care system. This requires universality and a single, high standard of health services.

Refugees, IDPs and stateless people

  1. Every ASEAN STATE should refrain from repatriating refugees against the principles of non-refoulement, which is a peremptory norm of international law that forbids the expulsion of a refugee into an area where the person might be again subjected to persecution.

  1. Provide refugees with the same rights as citizens in keeping with principles of the Universal Declaration of Human Rights

  1. Set up clear policies for each type of people in need of protection namely asylum-seekers, refugees, statelessness people, internal displaced persons, economic migrants etc

  1. Provide cross-border aid to support IDPs in areas with a lack of access to humanitarian aid.

  1. Encourage non-signatory ASEAN states to sign, ratify, and implement the 1951 Refugee Convention its 1967 protocol and the 1954 Convention on the Status of Stateless persons, as well as the 1961 convention on the Reduction of Statelessness.

  1. Recognize children of refugees born in country of asylum through birth registration and birth certificates

  1. Encourage ASEAN countries to actively seek alternatives to detention of asylum-seekers, stateless and displaced persons, and refugees.

Indigenous Peoples and Ethnic Minorities

38.  ASEAN member states must recognize IP/EM as distinct peoples with collective rights, rights to land, territories and natural resources, right to self determination including Free Prior and Informed Consent and the right of participation in all processes, programmes and plans affecting them at all levels, and such other rights laid down under the UNDRIP and ILO 169.

39.  ASEAN member states must acknowledge, recognize and protect the contribution of IP/EM in the protection and enhancement of biodiversity, protect their rights to sustainable livelihoods, food security and sovereignty; and protect their rights against the adverse effects of extractive industries and other projects with adverse socio-cultural and environment impacts and risks.

40.  ASEAN member states must establish an independent working group and monitoring oversight mechanism within AICHR to promote IP/EM rights

41.  ASEAN member states must promote and protect indigenous health knowledge practices and ensure the achievement of the Millennium Development Goals (MDGs) especially in health care, water and sanitation.  Their right to a healthy and balanced ecology must be respected and ensured.

Women

  1. Emplace a quota system that will ensure meaningful participation of women in government, civil society organizations, and international organizations like ASEAN, as well as in the ASEAN integration process and in the ASEAN-EU relations, by not confining them to the socio-cultural pillar of ASEAN. Gender issues must especially be included in the economic pillar. Women must be at the heart of the ASEAN’s development agenda.

  1. ASEAN member states must remove all gender-biased policies of ASEAN and other bilateral and multilateral agreements, especially those that increase feminization of poverty, exploit natural resources, disrupt livelihood and employment, worsen trafficking and various industrial issues in ASEAN that further exacerbate women and LBT conditions.

  1. ASEAN must ensure a coherent and gender-responsive approach to human rights by implementing both international and ASEAN  human rights instruments, including an effective alignment of the functions and mandates of AICHR, ACWC, ACMW, and CEDAW with human rights mechanism at the national and international levels and across the ASEAN bodies, to promote, protect, and fulfil women’s human rights in all areas of life, including: young women, women with disabilities, LBT  women, adult sex workers, and women in armed conflict and militarization areas, through meaningful and continuous dialogue and participation of women, and paying attention to women’s voices and issues.

  1. ASEAN member states must end all forms of discrimination and violence against women, and governments must provide meaningful political recognition of the rights of women with disabilities, LBT women and adult sex workers as part of the women’s human rights; and also focus on women’s health, women living with HIV/AIDS, and protecting women human rights defender.

  1. ASEAN member states must support women empowerment agenda for women in order to improve women’s condition, particularly in situations of militarization and armed conflict.

  1. ASEAN member states must consistently act to stop and prevent women’s human rights violations caused by abuse of power and patriarchy, including for women who are refugees, IDPs and in places of detention. These measures must include provision of proper health care and protection, as they are vulnerable to sexual abuse, trafficking, forced labor and other forms of gender biased violence.

48.  ASEAN member states must fulfil women’s rights by unburdening them of care work, to free their time for paid work, leisure time, political action, and participation in development work. . ASEAN member states must adopt the three-8 system (8 hours of work, 8 hours of study and 8 hours of leisure) for the benefit of all women.

  1. Establish a regional tax fund for women in recognition of the discriminatory impacts of globalization and patriarchy towards restoration of equality and freedom and women.

  1. ASEAN must ensure that women affected by leprosy are equally treated with dignity further; it must end stigma and discrimination against them.

Children

  1. ASEAN must develop and implement measures to ensure that the rights of children living in or from ASEAN member states, as expressed in the UNCRC and two Optional Protocols, are respected, protected, and fulfilled by states and other duty-bearers.

  1. ASEAN member states must ensure the right to participation of all children including children living with and/or affected by disabilities, HIV, leprosy and other health concerns, indigenous groups, affected and/or involved in armed conflict, affected by abuse, exploitation, trafficking and violence, children affected by migration, and stateless children in all matters that affect them, is actively exercised in all settings including ASEAN. They must also create an enabling environment that supports ethical and meaningful child participation.

53.  All children whose rights have been violated should have access to redress mechanism and be provided with adequate care and support for their recovery and reintegration. We expect existing regional and mechanism in ASEAN, particularly AICHR and ACWC to develop and implement measures to ensure and improve measures to ensure and improve compliance of ASEAN member states to their human rights obligations.

54.  ASEAN member states should adopt and ratify an Optional Protocol to the UNCRC creating individual complaints mechanism without reservations and ensure is accessibility to victims of child rights violations.

  1. ASEAN must support establishment of national or regional child protection systems and mechanism, including the development of regional information system aimed at generating updated and verifiable information of child rights situations, ensure information-sharing and exchange between governments and civil society that would facilitate effective monitoring of governmental compliance.

Youth

  1. ASEAN must immediately set up and enforce an independent regional youth council or commission, and meaningfully engage the youth in policy planning, implementing, monitoring, decision-making and reform of this body. The council or commission shall be involved in strategic, transparent, and accountable measures on education, employment, public health, and sustainable environment in local, national, and regional levels.

  1. ASEAN must ensure optimum reach of education, including aspects related to the promotion and protection of the environmental sustainability, community-based education, local wisdom, peace, democratic values, human rights and social justice to all segments of the population, especially marginalized groups – young women and girls, young people living with HIV, young ethnic minorities, young people with disabilities, young people affected by leprosy, young people living under poverty, young sex workers, and young people who use drugs and young LGBTIQ.

  1. ASEAN must promote entrepreneurship among ASEAN youth by providing skills training and a regional fund which must be easily accessed by all marginalized groups.

LGBTIQ

  1. ASEAN member states must repeal all laws that directly and indirectly criminalize sexual orientation and gender identities (SOGI), recognize LGBTIQ rights as human rights and harmonize national laws, policies and practices with the Yogyakarta Principles.

  1. ASEAN member states must establish national level mechanisms and review existing regional human rights instruments (e.g. AICHR, ACWC) to include the promotion of the equal rights of all people regardless of SOGI with the active engagement of the LGBTIQ community.

  1. ASEAN member states must depathologize SOGI and promote psycho-social well being of people in diverse SOGI in accordance with the World Health Organization (WHO) standards, and ensure equal access to health and social services.

Adult Sex Workers/Women in Prostitution

  1. ASEAN member countries must provide a comprehensive set of sexual and reproductive health and HIV services that covers prevention, treatment, support and care with a rights-based approach for adult sex workers.

  1. ASEAN member countries need to recognize sex workers as workers, and must address and prevent violence and other threats to the health and safety of adult sex workers and their families. Measures may include but are not limited to removing criminal and punitive laws and policies, reducing stigma, providing the protections and benefits available to other workers; access to services. There need be no differentiation between migrant and non migrant sex workers.

  1. ASEAN member countries must recognize that sex work is work and that adult sex workers and their families and friends face stigma and discrimination due to lack of acknowledgement by the states.

Persons with Disabilities

  1. ASEAN must recognize the ASEAN Disability Forum (ADF) as a vehicle of persons with disabilities in the region and consult representatives of the Disabled People Organizations (DPOs) in policy planning, implementing, and monitoring policies that affect persons with disabilities, including Agent Orange victims.

  1. ASEAN must recognize the existence of multiple discriminations against women, children, and migrants with disabilities and address these issues in the implementation of three pillars of ASEAN.

  1. ASEAN must encourage all member states to ratify and implement the Convention on the Rights of Persons with Disabilities and mainstream disabilities across all sectors including AICHR, ACWC and ACMW, and three pillars of ASEAN.

  1. ASEAN must adopt a policy to improve the access to health of persons with disabilities including reproductive health, health services, health insurance, and subsidizing additional cost on the grounds of disability.

CSOs

  1. ASEAN must recognize the crucial role of CSOs in the development processes and respect their diversity, expertise and autonomy.

  1. ASEAN member states must commit to the minimum standards set by CSOs for an enabling environment for CSOs to reach their potential as equal development actors.

  1. ASEAN must recognize Civil Society’s Position Paper on ASEAN Guideline on Civil Society Engagement and institutionalize engagement between civil society and ASEAN states.

Social Protection

  1. ASEAN must create a Social Protection and Health Promotion Fund that would ensure States fulfil their responsibilities to the peoples of the region.

  1. ASEAN must recognize and address as a priority the growing burden of non-communicable diseases (NCDs), 80% of which adversely affect low and middle income countries.

  1. ASEAN must realize the ASEAN Charter provision on education and the Socio-Cultural Blueprint commitment to “achieve universal access to education across ASEAN by 2015” by allocating budget to create the ASEAN Fund for Education for All.

  1. ASEAN must facilitate the full implementation of the WHO Framework Convention on Tobacco Control (FCTC) by States Parties and encourage the Indonesian government to accede to the convention in the best interest of its people.

  1. ASEAN must stop the privatization and commodification of health care services and provide free universal health care. Health is not a tradable or marketable item, commodity, or service; otherwise, it would lose its value as an essential right that everyone is entitled to. ASEAN must reject FTAs as they support the privatization and commodification of health care services, and make health services expensive and inaccessible.

  1. ASEAN must implement a universal pension for older people in the region.

  1. We strongly urge ASEAN member states to sign and ratify the ICESCR and all optional protocols.

POLITICAL –SECURITY PILLAR

ASEAN civil society envisions a region where people-centered governance takes seriously the wishes and aspirations of the peoples. It also envisions an ASEAN region that achieves people-centered integration as an alternative to the capital-led integration exemplified by the EU.

The civil society of ASEAN acknowledges the human rights instruments established in the region. We also celebrate the achievement made in advancing the rights for women and children in ASEAN and recognise the existence of spaces for engagement. ASEAN governance however has not been driven by substantive ‘people-centered governance’, nor does ‘the act of governance’ by ASEAN member state governments.  A restrictive environment exists in ASEAN states for the meaningful participation and engagement of civil society organisations. Protection and promoting civil liberties in ASEAN countries are seriously challenged. Impunity for massive crimes remains. ASEAN member States are not taking sufficient steps to implement the ASEAN Charter and other documents, particularly relating to the protection of the rights of migrant workers, asylum seekers and refugees. Further ASEAN countries are beset with internal conflicts arising form historical injustices and the states’ militarist approach to dissent. This further exacerbates the already demeaning human rights situation of communities including women and children where armed conflict and militarization happen.

These mainly due to the dominant view of ‘non-interference’, Asian values and idea of human rights as western value. We believe that torture, summary killing, forced disappearance, restrictions on freedom of expression and other serious violation of human rights are not the values of ASEAN countries. Those acts instead create challenges for civil society in South East Asia to engage with ASEAN governments. AICHR as a mechanism to uphold human rights is still young and needs to be strengthened to enable civil society engagement. It should also be noted that state of human rights in ASEAN countries do not stay within countries but bring effect to the region – including maintaining peace and security.

Civil society believes that internal conflicts are a matter of regional concern and must be addressed with the participation of civil society and affected communities.

Civil society recognises the interdependence and interrelation between civil liberties and economic, social and cultural rights. They are equally important and equally have to be protected and promoted. This includes social protection and the access of the people to health care and health information. The establishing of an accessible, universal health care system is social, economic and political questions. It is the question of how the conduct of governance takes into account the wishes and aspirations of the lower strata.

In these regards, ASEAN civil society assert their right as an equal development actor and further develop their capacity to become more effective in their role as innovative agents of changes and social transformation.

Civil society endeavours to strengthen its solidarity in particular by campaigning on freedom in Burma, freedom of expression and access to information in countries particularly in ASEAN countries, right to access to justice and strengthening human rights protection mechanisms at the regional level.

We call upon ASEAN to act on the following recommendations:

  1. Burma:

    1. Civil Society Support the call for a UN Commission of Inquiry to conduct a study into widespread and systematic human rights violations in Burma.

    1. Refuse Burma the ASEAN chairmanship unless it meets the necessary minimum benchmarks that demonstrate that it is capable of governing a country in a transparent, democratic, and rights-based manner. These minimum benchmarks are: The cessation of attacks on ethnic communities; an immediate halt to all human rights violations and violations of international humanitarian law committed against civilians; Immediate and unconditional release of all political prisoners; end of all censorship and, genuine and inclusive tripartite dialogue, including a review of the 2008 Constitution.

    1. We also call upon ASEAN to provide humanitarian protection and assistance to refugees and other stateless people who have fled from Burma and engage with Daw Aung San Suu Kyi, ethnic representatives, the National League for Democracy and other relevant stakeholders to support and facilitate the process of national reconciliation and dialogue.

  1. Indonesia: We call on the Government of Indonesia to investigate all human rights violations especially the Humanitarian Tragedy of 1965/66 Massacre during which 2 million people were killed and hundreds of thousands were imprisoned without trial. This gross and systematic violation of human rights on such a massive scale urgently needs to be investigated so that the truth may be established, the rights of victims to justice and reparations fulfilled, and the necessary apologies made. In this regard, we call for the establishment of a regional criminal court to obtain justice for victims of serious human rights violations in ASEAN.

Peace and Security

  1. Strictly respect international laws, fully implement the Declaration on the Conduct of Parties in the South China Sea (DOC) and accelerate efforts towards a Code of Conduct of Parties in the South China Sea (CoC); more authority for Asean Secretariat; Practice peaceful process to solve conflicts.

  1. Make regional peace and security related to Asean peoples and their sovereignty; CSOs should play proactive role in ensuring regional peace and security.

  1. Design a mechanism for regional trust, not just among Asean governments but also among their peoples; Collectively engage China; Promote democracy, rule of laws and security governance; Turn Asean into a rule-based community; Promote greater transparency; Be cautious of external influences; Hold regular inner-Asean consultations on regional security; Designate mechanisms to regularly consult and work with CSOs. CSOs should push governments to stop wars and protect human security.

  1. Asean countries should take a more proactive role in helping solve the Thai-Cambodian conflict and maintain regional peace. Asean should pay attention to conflicts in its member countries as well. Listen to people affected by conflicts for solution.

  1. ASEAN under its Dispute Settlement Mechanism (DSM) should address the Thailand-Cambodia border dispute. In doing so it must ensure the active participation of civil society with women given a greater role.

  1. There should be state obligation to protect, promote and fulfilled the rights of women, especially in armed conflict and militarization area

  1. There should be effective conflict resolution program in placed and ensured it’s implementation CS urge the implementation of UNSCR1325 which promotes participation of women in decision-making and peace processes gender perspectives and training in peacekeeping, protection of women gender mainstreaming in UN reporting systems & programmatic implementation mechanisms

Civil Liberties

  1. Push ASEAN to take steps to end impunity, including: coordinating a regional agreement on impunity, pushing AICHR to strengthen accountability and protection from within its mandate – perhaps through advocating for a regional system of justice as exists in all other regions of the globe. All ASEAN states should sign and ratify the Rome Statute on the International Criminal Court.

  1. ASEAN governments must comply with their human rights obligations and immediately put a stop to all forms of torture and all forms of degrading treatment and punishment.

  1. Improve regional monitoring and documentation of abuses within ASEAN so that all the information is publicly available.

  1. Repeal all laws that allow imprisonment or other forms of detention for speech, religious practices and other activities deemed contrary to the interests of the government or the ruling party.

  1. End censorship of the media and ensure the rights to freedom of expression for all.

  1. Form a strong Solidarity Committee on Freedom of Association in the ASEAN countries to be able to sit in equal position with the government.

  1. ASEAN must recognize the important role played by Human Rights Defender in the promotion and protection of human rights, which includes the highlighting of human rights violations.

  1. ASEAN reaffirm its commitment to the principles as confirmed in the UN Human Rights Defenders Declaration.

  1. ASEAN must ensure necessary protection be accorded to Human Rights Defenders to effectively carry out their role, including immunity from civil and criminal liability.

  1. Pressure on governments of ASEAN countries not to practice in union busting to make union focus on delivering their duties.

  1. To respect labour unions’ role to fight for labor rights, and allow migrant workers to join labor unions in the countries where they are working. Further, to allow more concrete communication towards the formulation of the strong ASEAN Regional Labour Union.

  1. All ASEAN member states must repeal policies of contract termination and deportation on the grounds of pregnancy and communicable diseases, such as HIV/AIDS.

  1. Repeal laws that directly and indirectly criminalize SOGI, recognize LGBTIQ rights as human rights, and harmonize national laws, policies and practices with the Yogyakarta Principles.

  1. Establish national level mechanisms and review existing regional human rights instruments (e.g. AICHR, ACWC) to include the promotion and protection of the equal rights of all people regardless of SOGI with the active engagement of the LGBTIQ community.

  1. Awareness raising for women’s human rights violations, by the abuse of power and patriarchy, especially for women as IDPs and in IDPs camps, to provide them with proper health care and protection since there are prone to sexual abuse, trafficking and other forms of gender based violence.

  1. Meaningful participation of women in the government, civil organizations and international organization like ASEAN, especially in the case of Burma after 2010 election were there only a few women that are in the parliament

  1. Given the movement of migrant workers in the ASEAN region, support a residence-based (as opposed to a citizenship-based) health care system. This requires universality and a single, high standard of health services.

  1. End human trafficking and other extreme forms of exploitation, especially where such exploitation takes place with the complicity of government officials.

  1. We strongly demand the ASEAN to immediately set up and enforce an independent regional youth council/commission meaningfully engaging the youth in policy planning, implementing, monitoring and reform. It shall be involved in strategic transparency and accountability measures on education, employment, public health and sustainable environment in local and national levels.

Participation and public accountability

  1. Create mechanism for inclusive CSO participation in decision-making and designing of a sound and sustainable health program for ASEAN Peoples particularly the marginalized.

  1. Commit to a healthy environment for CSOs to maximize their potential as an equal development actor.

  1. Call on the AICHR to monitor and respond not only to regional issues but also human rights situation in each countries so that ASEAN can go beyond non-interference principle;

  1. Call on the AICHR to be more accessible and transparent by making all documents public, translating documents into ten ASEAN languages and conducting national and regional consultation with civil society;

ENVIRONMENT

We strongly reiterate calls made from previous years for ASEAN to establish an Environment Pillar in its structure and governance that will place environmental sustainability, economic, gender, social and climate justice at the center of decision-making. Building an ASEAN Environmental Community as the fourth pillar is urgently needed to more effectively address the climate crisis, the social and environmental costs of large-scale development projects, and increasing damage to our eco-system.

Energy:

  1. We call upon ASEAN to reject technology fixes such as nuclear power plants and biomass plantations, and market-based instruments such as “Blue Carbon Fund” and offsets that are being promoted as false solutions to the climate crisis that do not address the root causes.  We call for the de-nuclearization of ASEAN and the cancellation of plans to promote nuclear energy.

  2. ASEAN must recognize that large scale hydropower dams are a major threat to the people’s livelihoods, with far-ranging human security and environmental impacts on the region. ASEAN urgently needs to establish a sustainable energy development program, which includes pursuit of alternative and more sustainable sources of energy, and an end to the privatization of power, water privatization and indigenous sources of renewable energy.

Water:

  1. ASEAN must recognize that access to water is a fundamental human right, halt water privatization projects and engage in partnerships that will result in the delivery of clean, affordable water to communities, while ensuring sustainability of water resources;

Climate Change:

  1. ASEAN countries should demand for reparations for climate debt. ASEAN should pursue an international legally binding agreement to ensure that rich industrialized countries undertake deep drastic emissions cuts through domestic measures (not offsets).

  1. ASEAN must recognize and support environmentally sustainable and culturally appropriate local initiatives and traditional practices of farmers, fishers, indigenous communities and women to adapt to and mitigate climate change.  Extractive activities such as mining, which adversely affect the resilience of farming and fishing communities, need to be stopped.

  1. ASEAN needs to assert that climate funds established under the UN Climate Convention and any other forms of climate funding must follow the principle of reparation for climate debt, and be subject to stringent democratic, transparent and accountable measures. World Bank and other international financial institutions must be kept out of in climate finance, and climate funding should not be in the form of debt and debt-creating instruments, nor undermine the self determination of the most affected communities and groups.

  1. We call for the development of an ASEAN Framework instrument on Climate Change, based on the principles of climate justice and gender justice that will produce policies and programs oriented to the diverse and particular needs and conditions of communities and localities in affected areas.

  1. Genuinely environmentally sustainable, socially equitable, people-centered, gender-sensitive, inclusive and responsive and diverse green economies should be promoted in the context of fulfilling the obligations of developed countries to drastically reduce greenhouse gas emissions and provide financial and technological support to developing countries in adapting to and mitigating climate change.

  1. The implementation of ASEAN’s education policy on climate change should include acknowledgement of women’s indigenous and local wisdom, and their role in preventing climate change as well as emergency and disaster preparedness must be included.  ASEAN should also ensure that the education reaches women, especially women from marginalised groups.

  1. Adopt a regional mechanism and build capacity for assessment of new, emerging or un-tested technologies based on the Precautionary Principle with the full participation of civil society and communities to look into the potential environmental, health and socio-economic impacts of these technologies, including transboundary implications. Concretely, we propose the establishment of an ASEAN Technology Observation Platform.

HEALTH (special section on theme of interface)

Basic Health for All

  1. ASEAN states should ensure a free and universal health care system without any discrimination regardless of sexual orientation and gender identity (SOGI). There should be stop the privatization and commodification of health care system, ensure equal access and provide affordable and quality health care as pat of labor rights for all including domestic workers, migrant workers,  sex workers, workers with disabilities, LGBTIQ workers, refugees and asylum seekers..

Health System

  1. Mechanism should be created that enables CSOs and/or community members to participate in decision-making and designing of a sound and sustainable health program for ASEAN people, particularly the marginalized people.

  1. Governments should ensure the provision of adequate resources, and accessible and quality healthcare for children.

  1. Youth, the poor and vulnerable groups including people living with HIV/AIDS, young LGBTIQ, and youth who use drugs should be provided with free and accessible universal health care system that is youth-friendly with the formalisation of young peoples’ involvement.

  1. Policy should be implemented for persons with disabilities that improves the access to health services, health insurance and subsidy to additional cost on the ground of disability

Health for those who are in difficult circumstances

  1. For migrant workers, all ASEAN member states must repeal policies of contract termination and deportation on the grounds of pregnancy and communicable diseases such as HIV/AIDS.

  1. Specific health needs such as physical and psycho-social related needs should be fulfilled for those who are infringed their human rights due to war and torture.

Reproductive and Sexual Health and Rights

  1. Human rights and Sexual Reproductive Health and Rights should be prioritised and enforced within the policy framework of public health services. Condom programmes must address all aspects of supply, demand and environment within a rights based approach.

  1. A comprehensive set of sexual and reproductive health and HIV services must be provided to sex workers. The whole spectrum of prevention, treatment, care and support from a rights-based approach. Focusing HIV prevention on sex work is the most cost-effective investment in ASEAN

  1. To endorse ASEAN member states and government commitment to realise their vision of the implementation of ICPD (1994) Plan of Action in particular sexual and reproductive health and rights (SRHR) as well as MDG 5 and MDG 6 commitments.

  1. ASEAN member states must enforce and guarantee the sexual and reproductive health and rights in the ASEAN policy framework by referring laws and policies to promote sexual and reproductive rights and repeal restrictive and punitive laws and policies which deny equal access to information and services as well as those which criminalize the transmission of HIV and abortion. These laws and policies should at minimum comply with international human rights standards, treaties, and conventions. These rights enable and informed decisions over marriage pregnancy, treaties and conventions. These rights enable free and informed decisions over marriage pregnancy, childbirth, contraception, sexuality, sexual orientations, gender identities, pleasure and livelihood. Eradicate sexual and reproductive coercion, stigma, discrimination, harmful traditional practices and gender-biased violence, particularly against women and girls.

  1. To decrease unsafe abortion and maternal mortality, and as a result call for governments to address these as public health and human rights issues. Ensure equitable and affordable access for contraception, safe and legal abortion, skilled maternity and newborn care including access and referral to pregnancy and delivery complications; prevention, diagnosis, treatment and care of HIV and AIDS and all other sexually transmitted infections, including in humanitarian crisis. All of these services must be available and fully funded throughout the health system, particularly in the public sector and at the primary health care level as well as taking into consideration the important role that NGOs play in providing complementary health services.

  1. To decrease the high maternal mortality and morbidity in the ASEAN region as well as the high unmet need of contraceptives and the high adolescent fertility rate as a consequence of the traditional practice of underage marriage Making Pregnancy Safer (MPS) for the youngest mothers and their babies should become a priority for those ASEAN countries where childbearing still common. Effective interventions and a clear action plan should be ready to address adolescent marriage and pregnancies.

  1. Provides these services for all, ensuring quality, gender and age-sensitive healthcare and non-discrimination for low income and other marginalised groups. Services providers need to be non-judgmental and respect diversity. Support innovation, including the development of new technologies and services models, and access to scientific progress. We call upon governments to include objectives and indicators in the national health planning and budgeting process that ensure positive sexual and reproductive health and rights outcomes.

  1. To stop the forced sterilization and denial of reproductive rights of persons living with HIV/AIDS and persons with disabilities.

Health Education

  1. ASEAN should initiate and implement a regional curriculum on comprehensive sexuality education inclusive of sexual and reproductive health and rights, both in formal and informal education systems that can be enjoyed by youth of ASEAN especially marginalized groups

Access to Medicines

  1. ASEAN should resist and oppose the effort of the EU to push for restrictive Intellectual Property Rights chapter that would curtail production and distribution of more affordable generic medicines.

  1. To refuse trade agreement between India and EU which patented the medicines, including ARV, caused price of medicine in the third world become very expensive.

Health risk factors

  1. Health policies should consider decent working condition, safe working environment and decent living conditions

  1. The harmful impact on health of individuals and communities affected by forced evictions and displacements should be examined and remedied

  1. Building large-scale hydropower dams affects both the physical and mental health of indigenous peoples and local communities living within the dam site. They become insecure because of safety concerns and uncertainties since they rely heavily on the river and their environment for sustenance and livelihood and this is even more compounded by the threats and impacts of climate change.

  1. Taxes and prices of tobacco products should be raised as the best way to curb smoking. This will increase government revenue, save lives and improve quality of life.

  1. ASEAN should ensure dialogue and decision making between women or community members and policy makers on the impact of climate change on women’s livelihoods, health, sexual and reproductive rights.  The specific needs of women should be factored into the policies on climate change.

Malaysian Detention Centres are already overcrowded – so why accept to house asylum seekers already in Australia?

From  :  http://charleshector.blogspot.com/2011/05/malaysian-detention-centres-are-already.html

Saturday, May 07, 2011

Malaysian Detention Centres are already overcrowded – so why accept to house asylum seekers already in Australia?

Malaysian detention centers currently housing alleged undocumented migrants, which would include asylum seekers and others, are already overcrowded – and detainees and civil society have been protesting for better and more humanitarian detention conditions.
When complaints of detainees fall on ‘deaf’ ears of the detaining authority and Malaysian government, there have been ‘protests’ – some of which have even resulted in fires and breakouts. Most recent have been the protests in the Lengeng Detention Centre. [See earlier posts:-Lenggeng Immigration Depot breakout - Investigate the root causes]
When asylum seekers reach Australia and claim for asylum, Australia should be housing these asylum seekers in Australia while the Australian government processes their applications….It is odd that they do not want to house them in Australia and was seeking other countries to house them…
Malaysia also have hundreds of thousands of asylum seekers and refugees that come to Malaysia  seeking asylum and refugee status – but whilst their application are being processed by the relevant bodies, they are all in Malaysia. Malaysia does not try to ‘group them and dump them’ in some other country….
There are already about 5 million undocumented migrants in Malaysia, which also includes tens of thousands of asylum seekers and refugees – so, I am shocked to learn that Malaysia has agreed to accept about 800 more asylum seekers from Australia. (This number would increase as more and more asylum seekers go to Australia).
Why does Malaysia do this? The report says that in response Australia will accept 4,000 refugees per year. As a member of the UN, Australia already has an obligation to accept asylum seekers and refugees – and we already have tens of thousands of persons already accorded refugee status still waiting to be re-located in a 3rd country, like Australia who has the space and the capability to accept refugees. We have even more persons (maybe over 100,000 more) still waiting for asylum seeker/refugee status.
Even after persons get refugee(or asylum seeker status), and those still in the process of application are not provided housing and board in Malaysia, and they are just left to fend for themselves. Not having the right to legally work, and given the fact that Malaysian law does not recognize refugees and asylum seekers, they are all treated as ‘undocumented’ migrants who will be subject to arrest, detention and even deportation.
Malaysia already has its own problems – and it makes no sense that Malaysia has now agreed to accept these persons who went to Australia seeking asylum and refugee status.
Further, would it also not be discriminatory and prejudicial when these persons in Australia seeking asylum are Malaysians – surely the return of Malaysian asylum seekers to Australia would be an act of ‘non-refoulement’ …and an act contrary to universal principles and law.
Australia must revoke this agreement and keep their asylum seekers, now already in Australia, in Australia – not send them to some other country.

ASYLUM SWAP CANNOT BE THE FRAMEWORK FOR ADDRESSING HUMAN TRAFFICKING

FROM E-mail: Tenganita (General)” <general@tenaganita.net>  TENAGANITA

Press Statement.

 May 18, 2011

 ASYLUM SWAP CANNOT BE THE FRAMEWORK FOR ADDRESSING HUMAN TRAFFICKING

 The Home Minister Datuk Seri Hishamuddin Hussein, in his statement on the asylum swap, reported today (Start N10 Nation 18 May 2011) between Malaysia and Australia is a pioneering and cutting edge solution to tackle people smuggling. He further added that this new approach would confidently combat human trafficking.

 Tenaganita, an organization that has worked for the last 15 years on human trafficking and on refugees cannot understand nor recognize how an asylum swap framework of agreement will combat human trafficking.  The Home Minister seems to put all issues into one basket.  Asylum seekers and refugees are different.  Refugees are people fleeing for safety to protect their lives resulting from persecution. 

 While it is true that they can be vulnerable to being “smuggled” or be trafficked at some stage but we cannot deny them their right to land and be protected. However, the asylum swap talks is about refugees who are already in Australia and who will be deported to Malaysia which is seen as a country that is hostile to refugees and treats them as illegal immigrants with no right to work, education and open to arrest and detention.

 This deportation of 800 refugees is a gross violation of their rights and the principle of non refoulemont guaranteed under the UN Convention on Refugees to which Australia is a signatory.  Central to the issue is protection of rights of refugees that cannot be compromised.  It is the rights approach that the Home Minister does not address nor recognize at all in the deal. And Australia must hold to its state obligations and ensure the protection of rights of refugees and their integration into Australian society.

 The Minister’s position can be further argued as we look into Malaysia’s human rights record.  Malaysia holds a very weak record of its commitment to protection of rights is clear. It has not ratified basic Conventions like against Torture and the Universal Declaration of Human Rights. ( ICCPR and ECOSOC). It is not a signatory to the UN Convention on Refugees and many more international instruments. Thus the Malaysian government is not obligated to protect rights nor can be it be made accountable by the international community nor by Australia.  Diplomatic assurances do not provide any confidence especially when legal measures for rights protection are not in place in Malaysia while its environment being a dangerous condition to life even life threatening situation for refugees.

 The agreement seems to turn Malaysia into a processing centre and an interceptor for boats thus barring refugees from landing in Australian territory.   Australia on the other hand is passing its internal problems of refugee protection and growing xenophobic reactions to Malaysia.  If this is what the deal will be, how can the Home Minister argue it will address human trafficking?

 The incidence of human trafficking in the country is extremely high with investigations being weak.  The rights of the victims or survivors of human trafficking are still unrecognized and civil society does not have access to victims after they are rescued.  The legal framework and policies for migrant workers continue to place them in highly exploitative conditions that result in human trafficking.  We would like to remind the Home Minister to begin the change in our backyard and ensure the root cause of human trafficking in the country is addressed before becoming an interceptor for another country.

 We call on the Home Minister to stop pulling wool over our eyes and demand transparency into the agreement and the implications for Malaysia. Even if it addresses the issue of human trafficking, central to it, is the protection of rights of refugees and asylum seekers. The rights framework is absent and thus it is totally rejected as a “good” initiative.

  Before any such initiative or agreements are made, Malaysia must change the legal framework, ratify the Convention on Refugees and show its commitment to rights protection with humanitarian support for asylum seekers and refugees.

 END.

 Signed:

Dr. Irene Fernandez

Executive Director

TENAGANITA (Women’s Force )

NO 38, Jalan Gasing, 46000, Petaling Jaya, Selangor Darul Ehsan

Tel: (603) 7770 3691 / 7770 3671  Fax: (603) 7770 3681

Email: general@tenaganita.net

MALAYSIA-INDONESIA MOU: COMPLICITY IN VIOLENCE, ABUSE & TRAFFICKING

From E-mail News : “Glorene Amala” <glorene.a@tenaganita.ne

 

TENAGANITA PRESS RELEASE (310511) Page 1 of 2
FOR IMMEDIATE RELEASE 31ST MAY 2011 MALAYSIA-INDONESIA MOU: COMPLICITY IN VIOLENCE, ABUSE & TRAFFICKING

There is nothing domestic workers from Indonesia can celebrate over in the new Memorandum of Understanding (MOU) signed yesterday between Malaysia and Indonesia. This new MOU has further dimmed the lights on the protection of basic human rights of domestic workers. The two-year moratorium by Indonesia, has therefore failed to result in effective changes to increase the protection of its workers’ rights.

In January 2006, after the deaths of two Indonesian domestic workers, the then Prime Minister of Malaysia, Abdullah Ahmad Badawi, and Indonesia’s President Susilo Bambang Yudhoyono, released a joint statement during a consultation at Bukit Tinggi, Sumatra, whereby it stated that the MOU on the placement of domestic workers to Malaysia will promote the protection of human rights. The Indonesian government was clear at that consultation that domestic workers’ rights should be guaranteed under Malaysia’s labour regulations. There was then, a glimmer of hope for domestic workers.

In June 2009, Malaysia’s Minister of Human Resources, Datuk Dr. S. Subramaniam, announced that a new provision will be made to the Employment Act which will provide a mandatory one-day off a week for all domestic workers. Two years later, this has not materialized. The newly signed MOU, however, states that ‘a one-day off can be compensated with overtime payment’. The ambiguity of this is frightening – how will the Ministry monitor that such payments are made to the domestic worker? Our experiences in handling cases of domestic workers demonstrate clearly that even monthly wages are often not paid, what more with overtime work?

As long as domestic workers are not recognized as workers under the Employment Act, domestic workers will continue to be treated as servants without any rights, and the State remains complicit in creating slavery-like practices. In the past 4 years, Tenaganita has handled more than 380 cases of domestic workers with over 3400 human rights violations. . This situation reflects that one domestic worker goes through multiple forms of rights violations including rape and other forms of violence. In the past 4 months, out of the 28 cases handled, 40% of domestic workers have alleged sexual abuse and rape.

The issue of rape is at an incredibly serious state in Malaysia, especially with the recent announcement by Polis Diraja Malaysia that every 2 hours, a woman in Malaysia is raped. As horrific as that is, the actual figure may in fact be a lot higher when factored in the number of unreported cases of domestic workers who are kept hidden in private homes, raped and eventually deported.
Tenaganita is also very disappointed that the Indonesian government has not kept to its commitment to ensure its citizens are protected in Malaysia. Domestic workers work in isolated and individualized work environments, which facilitate a plethora of rights violations and bonded labor. It is critical, therefore, that the State ensure their full protection of rights through a standard contract of service, and a decent wage structure. It is ridiculous for the Indonesian government to
TENAGANITA PRESS RELEASE (310511) Page 2 of 2
justify its failure to negotiate for better wages by stating that wages in Malaysia are acceptable as long as they are not lower than Indonesia’s minimum wage, of RM212/month. It is a bitter irony that Deputy Minister of Human Resources, Senator Dato’ Maznah Bt Mazlan, has recently stated the Malaysia government will soon introduce a minimum wage as 38.8% of Malaysian workers currently earn less than RM750/month (which is below the poverty line), while we systematically discriminate against domestic workers from poor communities whom we depend on highly in this country.

The Malaysian government’s refusal to a basic decent minimum wage for domestic workers is a clear sign that the government wants to maintain this acute exploitation of domestic workers in the country. Malaysia’s Anti-Trafficking in Persons Act (2007) clearly states that servitude, long working hours and debt bondage are all elements of labour trafficking. The newly signed MOU, however, by failing to state proper terms and conditions for the recruitment and employment of domestic workers has failed to take cognizance of this Act. It is highly disturbing that both Malaysia and Indonesia in its MOU continue to support practices of modern-day slavery.

As the world community sits down together on the 1st of June for the 100th International Labour Conference in Geneva, with a focus on determining a new Convention for Domestic Workers to address the needs and rights of one of the most exploited and abused labour sectors (consisting mainly of women and children), the silence and invisibility by both Malaysia and Indonesia is both deafening and deeply concerning It is with utmost urgency that Malaysia must awaken itself to the call to establish international standards of rights for domestic workers through the new Convention. It is indeed a sharp contradiction that while Malaysia seeks to hold on to its seat on the UN Human Rights Council, it continues to deny domestic workers the realizations of basic human rights and dignity.

END. Signed:

Dr. Irene Fernandez Executive Director Tenaganita
FOR INTERVIEWS, PLEASE CONTACT DR. IRENE FERNANDEZ AT:

Email: irene.f@tenaganita.net

Office Phone: +6-03-7770 3691 / 7770 3681

Handphone: +6-012-316 3011

How can Malaysia arrest and detain persons who never broke Malaysian laws?

How can Malaysia arrest and detain persons who never broke Malaysian laws?

From E-mail;     Charles Hector” <chef@tm.net.my>

If you break the laws of Malaysia, you can be arrested, detained, charged and tried in Malaysian courts …but if you never broke any Malaysian laws, can you be arrested and detained. Now, the 800 asylum seekers from Australia that Malaysia may accept as part of a deal with Australia never did break any Malaysian law – and as such they cannot be arrested, detained or deprived of their liberty here in Malaysia.
Even when and if they arrive in Malaysia, they cannot be said to be ‘illegally’ entering Malaysia for their entry and stay is not just facilitated but approved by our Malaysian government – so rightfully, they can never be treated like ‘undocumented migrants’ or illegal migrants. Hence, detaining them….or in any way depriving them of their liberty is certainly contrary to law.
Malaysia, for example cannot go over to Singapore and grab a few Singaporeans and bring them over to Malaysia – and then cause them to be arrested and detained in Detention Centers because they are  ‘undocumented migrants’, or what the government prefers ‘illegal migrants’.
So, how will Malaysia justify detaining the 800 from Australia when they get here…

Malaysia plays hardball over asylum swap deal with Australia

June 03, 2011

Asylum seekers sit on a fisherman’s boat after they were rescued when their boat sunk off the Sunda straits in Indonesia’s Banten province on May 24, 2011. They were heading for Christmas Island in Australia. — Reuters pic
 
KUALA LUMPUR, June 3 — Malaysia is pushing hard over the proposed refugee swap agreement with Australia and has removed all references to human rights in the deal.
According to the draft agreement obtained by Australian broadcaster ABC TV’s Lateline, Malaysia wants to decide which asylum seekers it accepts and for Australia to cover almost all costs of the refugee exchange.
“Where the Transferee do (sic) not agree to return to their country of origin, voluntarily forced returns may be necessary. In this event, the Government of Australia will be fully responsible to accept and ensure voluntarily forced returns,” stated the document, as quoted by ABC.
ABC said Malaysia has insisted on sending 4,000 refugees to Australia, regardless of how many asylum seekers it accepted in return.
Malaysia also does not want the United Nations Refugee Convention, which it is not a signatory of, to cover its side of the agreement.
“The treatment of the Transferee while in Malaysia will be in accordance with the Malaysian laws, rules, regulations and national policies,” said the document.
The United Nations High Commissioner for Refugees (UNHCR) has expressed concerns with Malaysia’s amendments to the agreement that were made last Monday.
“What the document shows is that there is a real reluctance by Malaysia to commit to a clear inclusion of human rights standards and guarantees,” Australia’s Refugee and Immigration Legal Centre co-ordinator David Manne was quoted as saying.
“For example, in the document refugees are referred to as illegal immigrants. There’s no reference to the word asylum seeker. There’s certainly no reference to human rights,” he said.
An internal UNHCR document has also suggested that Australia had a position on sending children to Malaysia, according to ABC.
“AUL (Australia) doesn’t want to provide exceptions for UAMS (unaccompanied minors) and vulnerable individuals for fear if (sic) this being a pull factor exploited by smugglers,” the document said.
The opposition Greens and independent lawmakers in Australia have questioned Malaysia’s human rights record as Canberra faces mounting criticisms of its asylum swap deal, now roundly derided as the “Malaysia Solution”.
Australian media has highlighted Amnesty International as saying 6,000 detainees in Malaysia each year suffer the rattan cane, which “shreds the victim’s naked skin and turns tissue into pulp”.
Canberra plans to send 800 asylum seekers who tried to come to Australia by boat to Malaysia for processing.
In exchange, Australia will resettle 4,000 genuine refugees currently residing in Malaysia. – Malaysian Insider, 3/6/2011, Malaysia plays hardball over asylum swap deal with Australia