(An advanced study on human rights was held at the Asian Human Rights Commission premises from 6-11 November, 2006)
A group of human rights activists met in Hong Kong for an advanced human rights study from the 6th to the 11th November at the premises of the Asian Human Rights Commission. At the end of the meeting the group made the following observations and concerns on some human rights issues in Asia.
The essence of human rights work is to strive towards promoting understanding and the practice of the international norms and standards of human rights in the region. In fact the local standards as expressed through the local legal system and practices in most countries fall far short of international standards. The result is the extreme crises within countries, where in many places the rule of law has collapsed in varying degrees and extremely serious human rights violations take place. Everyone’s equality before the law, the right of everyone to be protected by the law and the right of redress against human rights violations is mostly denied. This thereby perpetuates situations of impunity in most places. The absence of protection has made many places in Asia frightening countries in which to live, particularly for the poorer sections of society which makes up the majority.
Some of the places in Asia that need special mention are:
- The situation of Sri Lanka: The total collapse of the rule of law and the increase of the killings together with disappearances and abductions has made it a place with an exceptional collapse of human rights which needs the special attention of the international community. The ‘ethnic’ conflict remains the most visible cause of the present situation. All parties to the conflict claim a right to engage in gross abuses of human rights. Other deeper problems such as the authoritarian system of rule introduced by the 1978 Constitution and the abandonment of the institutions created under the 17th Amendment to the Constitution, the loss of respect for basic standards in the bureaucracy including the police and prosecution and also a serious crisis in the judiciary and an overreaching abuse of power and corruption in the political system are among the causes responsible for the present situation. The call for an international human rights monitoring body has not yet received the approval of the government. There seems to be no way to make a beginning to end the human rights abuses other than to have an international human rights monitoring mission with necessary powers.
- An extraordinary situation of extrajudicial killings is taking place in the Philippines: This is a concern for everyone in the region as well as the entire world. On an almost daily basis persons are killed and what seems to be the common denominator among the victims are their contributions towards improving the conditions in the country, including the bad human rights situation itself. It appears that these killings are well planned and carried out methodically. Despite of many promises the government has failed to provide any credible investigation machinery for the purpose of investigating these deaths and to ensure redress to the victims. The local and international outrage on these matters has not yet received a response. Massive regional and international support for the people of the Philippines is very much needed.
The group made the following observations on some grave problems commonly obstructing the adoption and implementation of international norms and standards of human rights in the region.
- In general throughout Asia basic rule of law institutions are in serious crisis: The style of policing in most places belongs to primitive times and often are barbaric and cruel. Torture is an endemic practice in most countries, even in dealing with normal criminal investigations. Investigations into complaints against torture either do not exist or are very defective when they do actually happen. Almost as a part of the culture of many countries there is a resistance to bring state officers and people of higher social rank under criminal justice inquiries. Apart for a very few rare exceptions the type of policing that exists falls far short of the required standard. The maintenance of sub standard policing helps to prevent strong action for the elimination of corruption and the abuse of power. The difficulties in developing proper policing systems are not merely problems about technical skills but about the political will to allow serious investigations and prosecutions into all crimes including those relating to the abuse of power. Authoritarian systems of rule of varying degrees regard the proper development of a policing system as a threat to their power. Those concerned with the establishment of democratic rule within their countries must give serious consideration to the issue of improving the policing systems within their countries.
- The defective nature of the criminal justice systems prevents the possibility of the adoption of international norms and standards: Substandard policing as well as defective prosecution systems obstructs the realisation of the civil and political rights as expressed in the International Covenant on Civil and Political Rights which almost all Asian countries have become signatories to.
- What is even more disturbing is the extreme problems regarding the judiciary: The practice of magistrates and other lower court judges dealing in the first instance with persons who are arrested is far from the practice of international norms and standards. Reforms towards the improvement of the judicial role in dealing with criminal justice is an unavoidable step in upgrading the systems of justice that can maintain and promote international norms of human rights within the framework of the rule of law. The executive control of the judiciary has become a common feature in many countries. While maintaining the usage of words which are usually used in discussions on the independence of the judiciary, in fact the actual independence of the judiciary has been severely suppressed. The public perception of the judiciary as an independent institution as well as its capacity to resist corruption has been undermined in several countries in recent times. This is accompanied also by the diminishment of the role of the lawyers. The spread of corruption within the adjudication process seriously hampers the practice of law on the basis of the standards required by the profession. Complaints by lawyers that they are being intimidated by the judiciary are also frequent. The use of contempt of court laws and the abuse of proceedings against lawyers have created a fear psychosis within the legal profession itself.
- The global human rights movement has not paid sufficient attention to dealing with the issues relating to the link between a functioning criminal justice system and the practice of international norms and standards: Often the talk about international norms and standards is in the abstract. While many resources have been spent on propagating international norms and standards not much effort is being made to understand the nature of the criminal justice systems in different countries and to help to improve these systems. The international community does not seem to have realised that the grave societal problems and gross human rights abuses faced in the region are primarily linked to the extremely defective criminal justice systems. Much effort must be devoted by the human rights movement in the countries of the region to bring into focus the link between the criminal justice system and the possibility of promoting international norms and standards.
- Many countries face problems in the area of constitutionalism: In some countries Constitutions have been suspended by military coups. In others, ironically, democratic constitutions have been replaced with the introduction of authoritarian governments while keeping the external façade of democratic jargon within the Constitution. Yet in some other countries societal crises have made constitutions mere declarations without the actual possibility of protection for people to be afforded by functioning institutions that have constitutional validity. These constitutional issues affect the practice of international norms in a fundamental way.
- Added to this are the problems of local cultures that conflict with the basic international norms and standards: The practice of equality is still an alien concept to many cultures. The importance of people of certain castes and ranks as having far greater importance than those outside such castes and ranks poses very serious cultural impediments to the protection and promotion of human rights. Often elite groups in the society exercise their powers over others by the acceptance of such methods as torture, extrajudicial killings and other forms of gross abuses of human rights. Inequalities among people are manifested in the way language is used and even in the way justice is administered in courts. Often there are persons talking in the name of particular cultures who promote the use of violence against other persons in society. The capacity of the persons who speak on behalf of culture to condemn inequality and gross abuse of human rights has not been manifested by any form of counter-cultural movements. Such counter-cultural movements to oppose cruelty, violence and inequality are very much needed.
- The severe attacks on freedom of expression has a chilling effect on most people in the countries of the region: The killing of journalist and publishers is very common. Hardly any investigations into these matters take place and as such the practice of such killings other forms of intimidation continues. A culture of fear is reinforced by constant attacks on the freedom of expression. Various forms of pressures and punishments have also created a culture of self censorship of various degrees. The attacks on freedom of expression hampers the much needed social discourse for the purpose of creating agreements within society to respect the basic norms of decent social living. If the international norms and standards of human rights are to be realised the impediments against freedom of expression must be countered with vigour.
- There are now greater restrictions on UN human rights agencies to intervene for the protection of human rights: Despite of the numbers of accessions and ratifications to human rights conventions having increased there appears to be a greater tendency to obstruct UN agencies such as the Human Rights Committee and other treaty bodies to make a meaningful contribution to the development of the protection and promotion of human rights in many countries. Often the recommendations of the Human Rights Committee as well as other treaty bodies are ignored. On some occasions public opinion is instigated against such UN human rights mechanisms as interference into the sovereignty of a country. The level of local propaganda often directly or indirectly supported by the state against UN bodies dealing with human rights has increased significantly.
Conclusion
The group wishes to bring these matters to the attention of everyone in different countries in the region and in the global community with a view that debates and discussion on the protection and promotion of international norms and standards of human rights must address the problems of criminal justice, constitutionalism and cultural impediments and suppression of the freedom of expression in a serious manner. The people of our countries deserve far reaching changes within which international norms and standards of human rights will be respected.
