Proceedings of the Workshop

After a few words of welcome by Mr Basil Fernando the facilitator, the statement of the previous Seminar on the UN Convention Against Torture (hereafter referred to as the Convention) was read out, thus setting the tone for the discussion and indicating the continuity of our work regarding the Convention Against Torture.

FOLK-SCHOOL :THE WORKING METHODOLGY FOR THE WORKSHOP

Basil(Facilitator): We began with the statement of the previous workshop so as to maintain continuity. We also would like to mention that this is not a learning meeting but an occasion to reflect on our own thoughts – not to repeat what you have borrowed from other people – so that we can discover how to intervene in cases of violation of rights and in cases of torture.

Our approach here is based on the work of two prominent persons: Ambedkar and Gruntvig. The latter promoted folk-schools for peasants to come together to discuss their problems. By the way, Martin Luther King grew up in the Highlanders School, which was inspired by the folk schools of Gruntvig. Similarly, the effort of Ambedkar was to get the Dalits to speak up for themselves.

Despite a few patches of brightness, our part of the world has seen the cruelest of civilisations; but for Gautama Buddha and Emperor Asoka, the cruelest of histories. At this meeting we give up pretensions and speak honestly about the vast amounts of people who have been treated in the most barbaric manners for centuries. We give up pretensions and discuss openly the issues that we face. When we speak to the West in a disparaging manner, extolling ourselves, let us be bold enough to ask some honest questions about our own societies, how we treat our own fellow humans.

I come from a country where the law enforcement system is at its lowest ebb, which in fact made a senior lawyer remark that “the civic-minded citizen on whom the system rests has withdrawn support because we have not protected him”. This is what happens when law enforcement authorities take to crime. Torture is a crime. We are not talking about the abuse of power. Torture is considered one of the highest of crimes by the international community. It is considered so high that if a crime of torture is committed in one country you can be tried in another country. We cannot have law enforcement authorities commit that type of crime in our countries.

Here, out of your own experiences, we can see that which is happening, so that we can discuss ways to address it. The Convention is clear and is well known but we need to discuss how we want to address it and what we want to do about it. So the discussion of what you see in your city, in your village, is more important, while not dispensing the study of the Convention, much of which is known to you already.

So let us give more importance to our own experiences, hoping they will provide the basis for a fruitful discussion which will, by and by, expand across Asia leading to a wider debate on the issue.

PERSONAL INTRODUCTIONS:

• Mr Sabur represents the Youth Foundation trying to highlight the plight of members of the Muslim community and particularly women whose rights are denied;

• Mucha Shim represents the Muslim Network, which monitors the human rights situation in Asia;

• Dr Zaid is teaching political science in Maharashtra College and also working with the Justice and Peace Commission of the Church in Bombay and 13 other human rights organisations in the region. There are 200,000 street children in Bombay, some of whom are arrested and tortured, which calls for our intervention: “Torture is ripe, and those that perpetrate torture are criminals who need to be punished; if the law enforcement agencies commit these crimes, who is going to punish them?” The Bombay University started a human rights diploma course and many senior officers have expressed their willingness to take part;

• Mr.P.O. George is vice-president of Jananeethi, which seeks means to recognise the rights of unorganised workers, and is also in charge of a suicide prevention program. 132 children killed themselves in Kerala in 1992;

• Dr Nandi Joseph from Andra Pradesh works with the Dalit Human Rights Centre there, which deals particularly with land rights, fighting police atrocities, fighting for Dalit rights in the Church, job training and rehabilitation;

• Ms Arokya Mary is a teacher working for the dignity, education and employment of Dalits;

• Nandana Manatunga from Kandy is working on development rights, focusing on the rights of plantation workers. Due to the politicisation of the Sri Lankan judiciary it is very difficult to expect justice in cases of violations;

• Fr Camillus from Kandy, Nawalapitiya, is working among people from the plantations who are deprived of education and proper housing conditions and are undergoing mental torture and harassment when they have to deal with legal and security matters;

• Chandana Tennekoon, from the Human Rights Development Centre, Sri Lanka, would like to highlight the plight of plantation workers who face problems due to non-possession of national identity cards. The girls from the plantations are taken for domestic work in the south and there are cases where their whereabouts are unknown, even to their parents.

• Ms Chandanie Watawala from SEDEC, Colombo has been with the Justice and Peace Desk for over ten years.

• Ms Seema Bhaskaran, a journalist and a former staff member of Jananeethi.

• Fr. George, the Executive Director of Jananeethi.

• Ms Nilanka Rodrigo, a Lawyer attached to the Justice and Peace Desk in Colombo.

• Sr. Neelmino Thomas, a school teacher from Colombo

• Prof. Buddhadeb Chaudhuri, Calcutta University And Center for Alternative Research In Development

• Fr. Lawrence N. Das CSC, Justice & Peace Commission, Bangladesh

• Pooja Shrestha Program Officer, Center for Legal Research & Resource Development (CeLRRD)

• Sudeep Gautam, Advocate, Supreme Court of Nepal

• Chirendra Sathyal, UCA News, Nepal

• Fr. Mani Parampett C.S.T., Gramsaram,

• Dr. Francis Xavior, Joint Secretary, Jananeethi

• Basil Fernando, Executive Director AHRC. The facilitator at the Workshop

• Philip Setunga, Coordinator of the program “Religious groups for human rights”, a program of AHRC

 

THEME: HUMAN RIGHTS CAMPAIGNS

The facilitator introduced the topic of Human Rights Campaigns and invited the participants to share their experiences using the following questionnaire:

QUESTIONNAIRE FOR THE EVENING DISCUSSION – 3^rd APRIL

DO YOU MAKE A RECORD OF THE STORIES OF VICTIMS OF HUMAN RIGHTS VIOLATIONS?

• Do you use the tape recorder and transmit the story later?

• Do you use any other method of recording?

• Do you use the camera for making necessary photos?

• Do you use computer?

WHAT IS YOUR CAPACITY IN REDUCING A STORY INTO WRITING?

• In your language?

• In English?

• If you have difficulties in writing do you have anyone in your organization to assist you?

DO YOU SHARE THIS STORY, AND IF SO HOW? WHAT IS YOUR NETWORK?- ABOUT HOW MANY PERSONS AND GROUPS?

• By word of mouth?

• By post?

• By e-mail?

DO YOU HAVE ACCESS TO E-MAIL? ON YOUR OWN, THROUGH A FRIEND, THROUGH AN ORGANISATION?

• Do you know how to use it?

• How often do you use it for human rights purposes?

DO YOU HAVE AN ACCESS TO A CENTRE – IN YOUR LOCALITY OR IN YOUR COUNTRY- WHICH WILL HELP WITH THE COMMUNICATIONS; DOCUMENTATION, SENDING TO NETWORKS, MAKING REPORTS TO NATIONAL AND INTERNATIONAL BODIES?

• What facilities does such a center provide you with? – scanning, preserving documents, sending documents to networks, organizing fed -backs.?

DO YOU HAVE ACCESS TO SUCH CENTRES IN THE REGION OR INTERNATIONALLY?

• How often do you contact them?

DO YOU HAVE ACCESS TO HUMAN RIGHTS WEBSITES?

Comments

Mucha Shim: It is hard to deal with “traditional media” and the need now is for alternative media and new forms of communication using video recording, photos and even street drama. The activists from the Martial Law times in the Philippines have formed an e-group and have started writing down their experiences for the benefit of the younger generations.

Mary: Public expressions of solidarity by the Dalits are always resented by the authorities and the police, and often their reactions are brutal.

Dr Joseph: Comics are a new way to popularize issues. Another would be street drama, which provides both entertainment and education.

Dr Zaid: Police ignorance of human rights instruments, even among the officers, is quite shocking. At times certain draconian laws, such as the Maharashtra Organized Crime Control Act, are implemented despite the fact that they flout UN conventions that the country has ratified. A three-day workshop organised for police officers was an occasion to discuss openly such instances, at which they publicly acknowledged their ignorance. Hence the need to conduct workshops for police officers on the existing human rights instruments.

Ms. Seema : Reporting of rape or sexual abuse cases by the mainstream media has been quite detrimental to the victims. The mental trauma and agony suffered by the victim and her family is rarely portrayed. The reporting has not only been non-educative but also provocative in trying to make it sensational.

Fr George: The media are never neutral. They have vested interests and are controlled by a small section of the people with their own agenda.

Facilitator: In our discussions we have tried to emphasise:

1. how to produce authentic material and prepare reports suitable for campaigns;
2. how to disseminate such material.

In the past we depended on traditional media, but today we have reached a stage where we can make use of new technology to disseminate our information, stories and research. With facilities like websites, the information can become quickly accessible. If we do serious reporting the chances are that journalists will pick up on it.

However we need to guard ourselves against nationalism, to prevent biases. Take the Dalit issue, for instance: the government acknowledges it, but does not want it to be discussed outside of the country. Or the case of the encounter-killings that took place in Maharashtra a few years ago: according to the perpetrators’ general view, the murders were carried out to avoid the possibility that the victims – accused of being culprits in other crimes – might escape the law either by hiring expert lawyers or due to weak judges.

On a positive note, there are human rights activists who are journalists, or journalists who are human rights activists, or have that orientation. For instance, the Times of India has a human rights section that covers matters relating to violations of rights. We need to sensitise the media personnel along these lines.

Mr Sabur: Human rights wok must integrate other related aspects, like democracy, good governance, environment and accountability.

Ms. Nilanka : It is impractical and difficult to explain legal matters to the grassroots groups, and hence the effort to use videos to initiate these discussions. Human rights education is the most important thing, and must be done by all civil society organisations.

As a young lawyer I have lost confidence with the justice system in Sri Lanka. That is one of the reasons why I joined a non-government organisation. Our lawyers are more concerned with money than with people.

Ms Chandani: I would like to add that in our work we have been able to educate ordinary persons to file cases in the event of certain violations.

Mr.Chirendra: The media play a crucial rule in bringing about changes in the system of government. The role of the mainstream media is not to be downplayed, as the information it carries is not confined to national borders.

Fr.Mani : The use of drama and folk songs are quite popular among the tribal people and can be used in education.

Fr.George: Physical action is more important than the media, which is only secondary. The authenticity of our work comes from our commitment. We need to come to the field on issues of tribals and Dalits and fight for them in courts.

Facilitator : Documentation implies involvement. Involvement without communication is ineffective. We need to make the victim vocal. Thus the struggle and communication are different now compared to before. Mere martyrdom is insufficient. Action is incomplete without communication. Take Ambedkar and his struggle: without his speeches and writings it would only have been as half (or less) effective. Now the actor can also be the communicator, with the new technology that is available. We also can make use of persons with the skills to disseminate the information. Together we can make an impact.

We also need to discuss national human rights commissions when contemplating effective remedies. The challenge is how to make use of information for new forms of solidarity. Immediate action on the basis of communication and information can make a difference.

On the first day, discussion raised the question of the use of poster campaigns. How many poster campaigns have there been, for instance, on the need for forensic reports in investigations? Our campaigning is on a more generalised level, and not focused on specific issues. The campaigns are geared towards strengthening the bottom layer in the society. The success of our campaigns is in the strength they give to people at the bottom, who will feel secure and empowered to speak for themselves. For instance, if there is a rape case in one area can some persons in the vicinity come together to find out what is happening here, what can be done and how to help and support the victims? Non-government organisations and civil society must come to a new level of acting and intervention.

How did Asoka create a Buddhist society? The historian Romula Thapar says that a social movement grew up and no clever person could have ignored the undercurrent. We should be the creators of undercurrents: undercurrents for justice and human rights, and if there is any achievement and we can tell by changes at the bottom. The Dalit movement did not rely on the changes from the top but got things from the top by being strong at the bottom. And this is the essential thing about the folk school movement. Let the people create things for people: create the undercurrent and the result will come. We must criticise ourselves and ask why things are the way they are. We need to examine and critique ourselves.

Basil: We see that there are limited remedies, and even these remedies are not effective. We have discussed that torture is the highest of crimes, but what are the remedies in Nepal, for instance, if there are no remedies in the penal law? One thing that all states must undertake is ratification of the Convention. Nepal, India and Bangladesh have not yet ratified it. While there is vociferous talk about torture there is hardly any development in the field. So I think by any recommendation we need to campaign that the Convention be ratified and made law in the country. Secondly we will examine that where it is made law, how has it been implemented. For example, in Sri Lanka the law is in the books and eight cases have been filed, but none have been investigated or prosecuted.