Civil Society’s Statement for the 4th ASEAN Forum on Migrant Labor

Press Statement

24 October 2011, Bali Indonesia  

Civil Society’s Statement for the 4^th ASEAN Forum on Migrant Labor

We, 33 civil society organizations from Cambodia, Indonesia, Philippines, Malaysia, Singapore, Thailand, and Vietnam, have participated in the Civil Society’s Strategic Meeting to the 4^th ASEAN Forum on Migrant Labor (AFML), organized by the Human Rights Working Group (HRWG), Indonesia Working Group on ASEAN Migrant Workers (IWGAMW) and Task Force on ASEAN Migrant Workers (TF-AMW) from 22-23 October 2011 in Bali, Indonesia to come up with inputs for the 4^th AFML being held in Bali from 24 to 25 October 2011.

This ASEAN forum will be looking at the implementation of the ASEAN Declaration on the Protection and Promotion of Rights of Migrant Workers, drafting of the ASEAN instrument. This meeting will, amongst others, focus on two areas: a) promoting more harmonious relations between host populations and migrant workers; and b) the return and reintegration of migrant workers, and the development of sustainable alternatives to migration in countries of origin. 

Civil society's priority recommendations to a) Promote Understanding, Harmony and Rights of Migrant Workers are as follows:

1.      A precondition to gender-sensitive harmony is the respect, recognition and protection of human rights of all migrant workers, regardless of legal status, occupation and social status, etc. -- including the recognition of domestic work as work (according to the International Labour Organisation (ILO) Convention on Domestic Work);

2.      For all migrant workers to have equal access to treatment and services;

3.      For destination country governments to make available in all possible languages the laws and procedures for migrant workers;

4.      To have ONLY ONE employment contract (which is also readily available in the migrant workers' language) in which the employer is obliged to submit to the government;

5.      For destination country governments to mandatorily give notices on workers’ rights, privileges (i.e. access to health and safety) to all migrant workers through pamphlets and information materials in the migrant workers' languages;

6.      To oblige destination country governments to allow migrant workers to form, join and lead labour unions and associations for collective empowerment;

7.      To ensure employment relationship by direct hiring, that is most beneficial to migrant workers;

8.      To prohibit labour-outsourcing companies, recruitment agencies and labor suppliers from being made employers of migrant workers;

a. Direct hiring is defined as the direct employment relationship between employers (owners/operators/end-users/principal employers) and workers to the exclusion of third parties including labour suppliers;

9.      To not economically exploit migrant workers;

10.  To provide tools for capacity building to migrant workers (to have independent migration – learn to organize;

11.  To include legal status, occupation, and social status;

12.  For all government agencies (i.e. police, immigration, labor) to have available, qualified persons to serve as interpreters or provide assistance;

13.  For destination country governments to coordinate with country of origin governments (through consulates/embassies) and other existing Non-Governmental Organisations (NGOs) and service providers to ensure provision of translation (and other services) to migrant workers;

14.  To encourage local and migrant trade unions and associations to reach out to and organize migrant workers;

15.  For the ILO to open and facilitate migrant workers organizations to participate and be involved in the tripartite process;

16.  To oblige the origin country governments to provide centers of information and assistance to ALL migrant workers, their families and communities;

17.  For both origin and destination country governments to develop information technology (IT) to monitor on cases of sexual harassment, violations committed against migrant workers as well as those migrants in jail; that this IT system be decentralized and distributed to different areas;

18.  For migrant workers to have access to 24-hr migrant workers' help hotline;

19.  To abolish excessive working hours for all migrant workers;

20.  Migrants in detention – To abolish death penalty and all forms of torture against migrants in detention, and until then, for destination country government to coordinate with origin country governments regarding migrants in detention; and

21.  For attaches from origin country governments to monitor migrants in jail and ensure concrete measures to provide all forms of assistance and services to them.

Civil society recommendations on b) Strategies for More Effective Return and Reintegration, and Sustainable Alternatives to Migration

1. For all migrant workers to be given all forms of remuneration and entitlements (i.e. benefits, compensation) prior to their return, with documentation (written proof) from the host country government (i.e. immigration or labor department); 
2. To avoid arrest, detention and deportation for immigration irregularities where possible. But in cases where deportation of migrant workers is carried out, for ASEAN Intergovernmental Commission on Human Rights (AICHR), ASEAN Commission on Women and Children (ACWC), ASEAN Committee on Migrant Workers (ACWC), and governments to monitor the process to ensure the dignity and safety of migrant workers during these processes; and to ensure that there is NO mass deportation;
1. To abolish repatriation companies;
3. To ensure protection of migrant workers' rights in the national development program of governments from both countries of origin and destination countries
1. For all members of ASEAN to promote livelihood options, both at home countries and abroad, to all migrant workers, especially for women migrant workers. To ensure that women have access to all forms of education (i.e. health and reproductive), resources and choices in employment;
2. To ensure state budgetary allocation by origin country governments for MW protection and services;
4. To support the development of mechanisms which provide access to justice for migrant workers across and beyond borders. These would include, among others, specialized services, interpretation services, legal assistance, shelter services, and the rights of migrant workers to work during legal process;
5. For all ASEAN member states to ensure the inclusion of undocumented migrants and families of all migrants in the ASEAN;
6. For sending country governments to abolish separate terminals for migrant workers in all ports;
7. To ensure that migrants who have been trafficked are entitled to protection and empowerment services and that there should be no deportation or detention of victims of trafficking, witnesses, and other migrants affected by raids;
8. To provide legal aid and integrated services (i.e. shelter, socio-psychological services, etc.) to all migrant workers, regardless of status (both undocumented and documented) in both countries of origin and destination;
9. For all stateless migrants to be given legal aid and all integrated services by both origin and destination country governments, and for them to have the right to choose their country of residence;
10. To stop all forms of extortion, corruption and discrimination against all migrant workers in all processes, including reintegration;
11. To uphold migrants’ right to just wages;
12. To prohibit employers and agencies in destination countries to unlawfully deduct wages of migrant workers; and

13.  To develop social security systems which include migrants (including long-term occupational diseases).

We call on ASEAN to incorporate these recommendations into the ASEAN instrument on the Protection and Promotion of Rights of Migrant Workers, and all other relevant instruments.

For Media inquiries, please contact:

Mr. Sinapan Samydorai

Task Force on ASEAN Migrant Workers

E-mail: samysd@pacific.net.sg

Mobile: (65) 8188 4723

Ms. Wahyuningrum (Yuyun)

Human Rights Working Group (HRWG)

E-mail: wahyuningrum@gmail.com

Mobile: (62) 815 1054 3290 Or (62) 857 1750 1947

Mr. Ali Akbar Tanjung

Indonesia’s Working Group on ASEAN Migrant Workers

E-mail: ar.tanjung@gmail.com

Mobile: (62) 81286356456

Mr. Navuth Ya
CARAM Cambodia
Email: ya_navuth@yahoo.com

Mr. Thaufiek Zulbahary
Solidaritas Perempuan (Women's Solidarity for Human Rights)
Mobile: 62) 85782551189

Email :  zulbahary@gmail.com

Inviting the less critical NGOs defeats intention of consultation with ASEAN, governments..

Now that governments, Regional bodies and the United Nations have begun consulting NGOs and civil society groups, some tigers of yesterday are starting to behave like pussy cats when it comes to engagements with governments and regional bodies. The concern was that if one is too critical, you will just stop getting invitations to these dialogue sessions, conferences with the government and regional body...

I do not believe that those who fight for justice and human rights should suddenly become 'diplomatic' to continue being in the good books of governments. By doing so, we may end up betraying the people and the causes of justice that we are trying to uphold without fear or favour. 

Governments and regional bodies also should not shut out those that are most critical - it violates the very purpose of these governmental consultations with NGOs, Civil Society Groups, Peoples' Organisations, etc... Government should welcome the honest critic for after all the intention is for the overall betterment of society ...

Well, there seem be allegations that ASEAN has shut out a critical NGO....but the ASEAN's response is that there was just no more space...Was there a 'blacklisting' of some groups? Was there a choosing of more 'friendly' groups to attend this ASEAN Peoples' Forum? Would future engagements be only with even 'more friendlier' groups? I hope not...

Maybe, coming up soon - we will see governments choosing and sending the list of 'suitable' NGOs, persons to be invited... Hopefully, we do not go down that road...

And if there is really 'blacklisting' or the invitation of friendly groups/persons only, would NGOs/Civil Society Groups/Peoples' Organisations/etc... just be thankful that they got invited, or will they strongly protest this trend and/or actions by governments/regional bodies by just ...maybe boycotting such meetings totally?? Things to reflect on...  

Hanoi - The official civil-society forum of the Association of South-East Asian Nations (ASEAN) opened Friday under a cloud after Vietnam blocked delegates from a group that had criticized its human rights record.

Vietnam, which is hosting the ASEAN People's Forum (APF) as the current chair of the organization, informed two representatives of the International Federation for Human Rights (FIDH) on Tuesday that they could not attend the gathering in Hanoi.

Several delegates from non-governmental organizations at the forum criticized the move.

"Clearly here Vietnam is abusing its power as the chair of ASEAN," said Debbie Stothard, a Malaysian who heads the Alternative ASEAN Network on Burma, as Myanmar is also known.

FIDH, a network of some 150 international human rights groups, attended the previous two APF gatherings last year in Thailand. On September 13, a member organization of FIDH, the Vietnam Committee for Human Rights, issued a report critical of Hanoi's human rights record.

At Vietnam's request, Thailand blocked the group's officers from travelling to Bangkok to launch the report. On Tuesday, FIDH received an email from the APF's organizers that it was "not welcome at the Forum by Vietnamese people's organizations."

The email said the "so-called 'Vietnam Committee for Human Rights', has been conducting all kinds of provocative activities in order to sabotage the state of Vietnam, and it is not at all a truly human rights defender group as it claims to be."

Tran Dac Loi, vice chairman of the Vietnam Union of Friendship Organizations, which hosts the forum, said the FIDH delegates had been refused because of insufficient space. "

This forum was estimated to have a maximum of 500 participants, but in fact we had more than 1,200 registrants," Loi said.

Loi said the remarks condemning the Vietnam Committee for Human Rights were solely the private viewpoint of Vietnamese civil society organizations taking part in the APF.
 All Vietnamese civil society organizations taking part in the APF are linked to "mass organizations" under the direction of the country's Communist Party.

Some delegates said concerns about being excluded from future ASEAN forums were having a chilling effect on what civil society groups felt they could say.
 "People are doing a lot of kowtowing, staying in their good books, to continue to be invited and not be put on a blacklist," said Charles Hector of the Malaysian labour group Workers' Hub for Change.

Vietnam has given scant publicity to the APF in the state-controlled media, and many independent Vietnamese civil society groups were unaware it was taking place.

The government has taken steps to ensure local coverage of the event avoids controversial issues. On Thursday, Vietnamese organizers instructed local journalists to avoid issues related to sovereignty in the South China Sea, a sensitive topic due to recent territorial conflicts with China.

The forum is scheduled to close on Sunday. Working groups will draft resolutions on issues including the environment, refugees, human rights, and labour law.- Earth Times, 24/9/2010, Vietnam blocks critical human rights group from ASEAN forum

Urgent Appeal on Thailand human rights abuses you can act on

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-089-2010



16 June 2010
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THAILAND: Hundreds detained under emergency regulations

ISSUES: Emergency decree; rule of law; illegal detention
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Dear friends,

The authorities in Thailand have extended the emergency declaration imposed in response to anti-government protests, and which enables arbitrary detention with minimal judicial oversight. To date the police have released the names of over 400 persons who have been held under its provisions, most of who about few if any details are known. The Asian Human Rights Commission (AHRC) is calling for the lifting of the emergency, full details of persons held, and their prompt charging in accordance with ordinary criminal law or release.

OVERVIEW:

On 9 June 2010 the police in Thailand released a list of 417 persons who have been detained under the Emergency Decree imposed in response to the anti-government protests that gripped Bangkok in April and May. The full list is available here (and also on the independent news website Prachatai, here).

As is typical of police records in Thailand, the list is incomplete, inconsistent and otherwise problematic. It includes the names of children and Burmese migrants whose circumstances are unknown, the names of persons who are apparently adults but are being held at juvenile facilities, the names of seven persons who have been held for two months apparently without charge, and three persons who have already apparently been sentenced to two years' imprisonment. Some of the persons' alleged offences are also seemingly unrelated to the protests, such as being drunk and using drugs.

The list apparently only covers persons in police custody who are facing charges and does not include persons held in non-police custody and in non-official detention facilities as envisaged under the Emergency Decree. The numbers of these persons are unknown. It also does not include persons who are known to be in police custody in connection with the protests, such as an Australian who alleged in court that he has been assaulted in custody.

As the government on June 8 extended the emergency by another month, there is a grave risk that many more persons could be arbitrarily detained, that those already detained could be imprisoned without evidence or fair trial, and that detainees could face other forms of grave human rights abuse, including torture, extrajudicial killing and enforced disappearance.

BACKGROUND INFORMATION:

The AHRC has followed events in Thailand closely and earlier issued a statement calling for the lifting of the emergency, for full accounting of persons in detention, and for their civil rights to be guaranteed (AHRC-STM-080-2010). For other recent statements and appeals on detainees see also ALRC-CWS-014-01-2010, AHRC-FOL-008-2010, and AHRC-FST-040-2010.

The AHRC has since 2002 studied and worked on the situation of human rights in Thailand, its sister organisation issuing the first comprehensive report on extrajudicial killings and attendant abuses during the so-called "war on drugs" of the ousted government of former Prime Minister Pol. Lt. Col. Thaksin Shinawatra: http://www.article2.org/pdf/v02n03.pdf.

In 2005 it issued a comprehensive report on rule of law issues in Thailand: http://www.article2.org/pdf/v04n02.pdf.

In the same year it strongly condemned the passing of the Emergency Decree that the current unelected government has used to crack down on protestors: http://thailand.ahrchk.net/edecree/.

And in 2006 it was at the front of international opposition to the military coup: http://thailand.ahrchk.net/docs/AHRC_Thailand_Coup_2006.pdf.

For a recent overview of Thailand’s non-compliance with its international human rights obligations, see: ALRC-CWS-014-04-2010.

For further information on Thailand visit the AHRC Thailand website or go to the AHRC homepage and type Thailand into the search box on the top left hand side.

SUGGESTED ACTION:

Please write to the persons listed below to call for the lifting of the Emergency Decree in Thailand, for a complete and accurate accounting of persons held in detention in connection with the protests in Bangkok and for guarantees of their civil rights.

Please be informed that the AHRC is writing separate letters to the UN Working Group on Arbitrary Detention and the regional human rights office for Southeast Asia concerning detainees in Thailand.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

THAILAND: Police issue list of 417 persons detained over Bangkok protests

I am writing to express my concern over the situation of persons detained in the aftermath of the protests that shook Bangkok during April and May 2010 and that have captured international attention.

I am aware that on 9 June 2010 the Royal Thai Police issued a list of 417 persons detained over the protests under the Emergency Decree BE 2548 (2005). However, the list is highly problematic. Apart from containing few details about the persons detained, other than their names and alleged crimes, it contains the names of children who are apparently being detained at juvenile facilities, of migrants from Myanmar who may or may not have been involved in the incidents, and of at least three persons held for alleged crimes that seem unconnected with political activity (drunkenness and use of drugs).

Additionally, according to the list, at least seven persons have been held at the Klong 6 Detention Centre, Phathumthani for two months without charge, while another three have already been convicted and sentenced to two years in jail in connection with the protests.

On the other hand, the list does not appear to include persons known to have been held in police custody, including an Australian and an English national, and nor does it appear to include persons held in the custody of the Royal Thai Army or other agencies, whose numbers could also be in the hundreds.

I fear that the persons held under the Emergency Decree and in highly ambiguous and fluid circumstances could be subject to a range of gross human rights abuses, which apart from arbitrary detention include torture, extrajudicial execution and enforced disappearance.

Accordingly, I urge the Government of Thailand to lift the decree without delay, to charge or release promptly all persons currently in detention, to transfer all persons to police custody, have them brought before judges in accordance with the terms of the Criminal Procedure Code, and to guarantee their civil rights, including to have access to lawyers, family members and other concerned persons.

To facilitate this process, I also urge the government to arrange for the International Committee of the Red Cross to have access to all places of detention and all detainees in accordance with its globally recognized mandate.

Finally, I urge the government to arrange for the holding of new, free and fair elections at the earliest possible opportunity and for an end of military attempts through proxies to obstruct amendment to the anti-democratic 2007 Constitution of Thailand, as without addressing the underlying mistrust of the political process that has emerged as a consequence of the 2006 coup and displacement of the 1997 Constitution it will be impossible for the authorities in Thailand to work for national reconciliation as they have promised to do.

Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1. Mr. Abhisit Vejjajiva
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 288 4000 ext. 4025
Tel: +66 2 288 4000
E-mail: spokesman@thaigov.go.th or abhisit@abhisit.org

2. Mr. Chaowarat Chanweerakul
Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +66 2 226 4371/ 222 8866
Tel: +66 2 224 6320/ 6341
E-mail: om@moi.go.th

3. Mr. Peeraphan Saleeratwipak
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi 11120
THAILAND
Fax: +662 502 6734 / 6884
Tel: +662 502 6776/ 8223
E-mail: om@moj.go.th

4. Mr. Kasit Piromya
Minister of Foreign Affairs
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333
E-mail: om@mof.go.th


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)

AHRC New Weekly Digest - an easy way to receive all your Human Rights news in just one weekly email - subscribe here.

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Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367

ASEAN HR Commission (AICHR) - a 'toothless' tiger?

ASEAN... ASEAN Community...and ASEAN people - this is what Malaysia and the other ASEAN member countries are trying to work towards.

Soon, like the European Union, there will be freedom of movement of the peoples of ASEAN across the borders of ASEAN nations. There will be a common ASEAN market... and one ASEAN community.

We are talking about 1Malaysia now...but soon we will be talking about 1ASEAN - but let us all hope that this all not just about the market...or economic/financial matters only - but is also about human rights and justice. 

The ASEAN have taken the 'first' step in the setting up of the ' ASEAN Intergovernmental Commission on Human Rights' (AICHR) - but alas there are concerns about this structure.

1- Decision Making - just like the ASEAN, there is a requirement for 'consensus' (6.1). This means that if the ASEAN wants to act against a Human Rights violation committed by Malaysia, and the Malaysian representative only votes against this, then the AICHR will not be able to act. It should have been simple majority or 2/3 majority - not consensus.

2. We have a Commission - but it seems to be only a 'consultative body' and a 'toothless' tiger. But, let us give it a chance and see how it performs..

It is time for Malaysians (ASEANs) to discuss more about the ASEAN, in particular this AICHR

* Who should be allowed to forward complaints about Human Rights violations to the AICHR?

* What kind of human rights violations should it be dealing with? 

* How should the representatives of the AICHR be selected? Maybe in ASEAN Countries that do have Human Rights Commission - it should be that Human Rights Commission that chooses one of its present(or past) HR Commissioners to be part of this AICHR. For ASEAN countries that have yet to have National Human Rights Commissions, they should immediately take steps to set up Human Rights Commission. There must be a direct relationship between the National Human Rights Commissions and this ASEAN Human Rights Commission. 

* The names of the members(and the alternate member) to the AICHR must be disclosed. There must be safeguards put in place to ensure independence and immunity.

* There must also be a change of name, i.e. by dropping the "Intergovernmental", so it becomes the ASEAN Commission on Human Rights. This will make clear that this Commission is not merely confined to matters that are 'intergovernmental' - and can deal with human rights violations affecting individual persons, private companies/bodies, etc...

Terms of Reference of ASEAN Intergovernmental Commission on Human Rights

Pursuant to Article 14 of the ASEAN Charter, the ASEAN Intergovernmental Commission on Human Rights (AICHR) shall operate in accordance with the following Terms of Reference (TOR):

1. PURPOSES

The purposes of the AICHR are:

1.1       To promote and protect human rights and fundamental freedoms of the peoples of ASEAN;

1.2       To uphold the right of the peoples of ASEAN to live in peace, dignity and prosperity;

1.3       To contribute to the realisation of the purposes of ASEAN as set out in the ASEAN Charter in order to promote stability and harmony in the region, friendship and cooperation among ASEAN Member States, as well as the well-being, livelihood, welfare and participation of ASEAN peoples in the ASEAN Community building process;

1.4       To promote human rights within the regional context, bearing in mind national and regional particularities and mutual respect for different historical, cultural and religious backgrounds, and taking into account the balance between rights and responsibilities;

1.5       To enhance regional cooperation with a view to complementing national and international efforts on the promotion and protection of human rights; and

1.6       To uphold international human rights standards as prescribed by the Universal Declaration of Human Rights, the Vienna Declaration and Programme of Action, and international human rights instruments to which ASEAN Member States are parties.

2. PRINCIPLES

The AICHR shall be guided by the following principles:

2.1       Respect for principles of ASEAN as embodied in Article 2 of the ASEAN Charter, in particular:

a)         respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Member States;

b)         non-interference in the internal affairs of ASEAN Member States;

c)         respect for the right of every Member State to lead its national existence free from external interference, subversion and coercion;

d)         adherence to the rule of law, good governance, the principles of democracy and constitutional government;

e)         respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice;

f)          upholding the Charter of the United Nations and international law, including international humanitarian law, subscribed to by ASEAN Member States; and

g)         respect for different cultures, languages and religions of the peoples of ASEAN, while emphasising their common values in the spirit of unity in diversity.

2.2       Respect for international human rights principles, including universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms, as well as impartiality, objectivity, non-selectivity, non-discrimination, and avoidance of double standards and politicisation;

2.3       Recognition that the primary responsibility to promote and protect human rights and fundamental freedoms rests with each Member State;

2.4       Pursuance of a constructive and non-confrontational approach and cooperation to enhance promotion and protection of human rights; and

2.5       Adoption of an evolutionary approach that would contribute to the development of human rights norms and standards in ASEAN.

3. CONSULTATIVE INTER-GOVERNMENTAL BODY

The AICHR is an inter-governmental body and an integral part of the ASEAN organisational structure. It is a consultative body.

4. MANDATE AND FUNCTIONS

4.1.      To develop strategies for the promotion and protection of human rights and fundamental freedoms to complement the building of the ASEAN Community;

4.2.      To develop an ASEAN Human Rights Declaration with a view to establishing a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights;

4.3.      To enhance public awareness of human rights among the peoples of ASEAN through education, research and dissemination of information;

4.4.      To promote capacity building for the effective implementation of international human rights treaty obligations undertaken by ASEAN Member States;

4.5.      To encourage ASEAN Member States to consider acceding to and ratifying international human rights instruments;

4.6.      To promote the full implementation of ASEAN instruments related to human rights;

4.7.      To provide advisory services and technical assistance on human rights matters to ASEAN sectoral bodies upon request;

4.8.      To engage in dialogue and consultation with other ASEAN bodies and entities associated with ASEAN, including civil society organisations and other stakeholders, as provided for in Chapter V of the ASEAN Charter;

4.9.      To consult, as may be appropriate, with other national, regional and international institutions and entities concerned with the promotion and protection of human rights;

4.10.    To obtain information from ASEAN Member States on the promotion and protection of human rights;

4.11.    To develop common approaches and positions on human rights matters of interest to ASEAN;

4.12.    To prepare studies on thematic issues of human rights in ASEAN;

4.13.    To submit an annual report on its activities, or other reports if deemed necessary, to the ASEAN Foreign Ministers Meeting; and

4.14.    To perform any other tasks as may be assigned to it by the ASEAN Foreign Ministers Meeting.

5. COMPOSITION

Membership

5.1       The AICHR shall consist of the Member States of ASEAN.

5.2       Each ASEAN Member State shall appoint a Representative to the AICHR who shall be accountable to the appointing Government.

Qualifications

5.3       When appointing their Representatives to the AICHR, Member States shall give due consideration to gender equality, integrity and competence in the field of human rights.

5.4       Member States should consult, if required by their respective internal processes, with appropriate stakeholders in the appointment of their Representatives to the AICHR.

Term of Office

5.5       Each Representative serves a term of three years and may be consecutively re-appointed for only one more term.

5.6       Notwithstanding paragraph 5.5, the appointing Government may decide, at its discretion, to replace its Representative.

Responsibility

5.7     Each Representative, in the discharge of his or her duties, shall act impartially in accordance with the ASEAN Charter and this TOR.

5.8      Representatives shall have the obligation to attend AICHR meetings. If a Representative is unable to attend a meeting due to exceptional circumstances, the Government concerned shall formally notify the Chair of the AICHR of the appointment of a temporary representative with a full mandate to represent the Member State concerned.

Chair of the AICHR

5.9      The Chair of the AICHR shall be the Representative of the Member State holding the Chairmanship of ASEAN.

5.10    The Chair of the AICHR shall exercise his or her role in accordance with this TOR, which shall include:

a)         leading in the preparation of reports of the AICHR and presenting such reports to the ASEAN Foreign Ministers Meeting;

b)        coordinating with the AICHR’s Representatives in between meetings of the AICHR and with the relevant ASEAN bodies;

c)       representing the AICHR at regional and international events pertaining to the promotion and protection of human rights as entrusted by the AICHR; and

d)         undertaking other specific functions entrusted by the AICHR in accordance with this TOR.

Immunities and Privileges

5.11     In accordance with Article 19 of the ASEAN Charter, Representatives participating in official activities of the AICHR shall enjoy such immunities and privileges as are necessary for the exercise of their functions.

6. MODALITIES

Decision-making

6.1    Decision-making in the AICHR shall be based on consultation and consensus in accordance with Article 20 of the ASEAN Charter.

Number of Meetings

6.2       The AICHR shall convene two regular meetings per year. Each meeting shall normally be not more than five days.

6.3       Regular meetings of the AICHR shall be held alternately at the ASEAN Secretariat and the Member State holding the Chair of ASEAN.

6.4       As and when appropriate, the AICHR may hold additional meetings at the ASEAN Secretariat or at a venue to be agreed upon by the Representatives.

6.5       When necessary, the ASEAN Foreign Ministers may instruct the AICHR to meet.

Line of Reporting

6.6       The AICHR shall submit an annual report and other appropriate reports to the ASEAN Foreign Ministers Meeting for its consideration.

Public Information

6.7       The AICHR shall keep the public periodically informed of its work and activities through appropriate public information materials produced by the AICHR.

Relationship with Other Human Rights Bodies within ASEAN

6.8       The AICHR is the overarching human rights institution in ASEAN with overall responsibility for the promotion and protection of human rights in ASEAN.

6.9       The AICHR shall work with all ASEAN sectoral bodies dealing with human rights to expeditiously determine the modalities for their ultimate alignment with the AICHR. To this end, the AICHR shall closely consult, coordinate and collaborate with such bodies in order to promote synergy and coherence in ASEAN’s promotion and protection of human rights.

7.  ROLE OF THE SECRETARY-GENERAL AND ASEAN SECRETARIAT

7.1       The Secretary-General of ASEAN may bring relevant issues to the attention of the AICHR in accordance with Article 11.2 (a) and (b) of the ASEAN Charter. In so doing, the Secretary-General of ASEAN shall concurrently inform the ASEAN Foreign Ministers of these issues.

7.2       The ASEAN Secretariat shall provide the necessary secretarial support to the AICHR to ensure its effective performance. To facilitate the Secretariat’s support to the AICHR, ASEAN Member States may, with the concurrence of the Secretary-General of ASEAN, second their officials to the ASEAN Secretariat.

8. WORK PLAN AND FUNDING

8.1       The AICHR shall prepare and submit a Work Plan of programmes and activities with indicative budget for a cycle of five years to be approved by the ASEAN Foreign Ministers Meeting, upon the recommendation of the Committee of Permanent Representatives to ASEAN.

8.2       The AICHR shall also prepare and submit an annual budget to support high priority programmes and activities, which shall be approved by the ASEAN Foreign Ministers Meeting, upon the recommendation of the Committee of Permanent Representatives to ASEAN.

8.3       The annual budget shall be funded on equal sharing basis by ASEAN Member States.

8.4       The AHRB may also receive resources from any ASEAN Member States for specific extra- budgetary programmes from the Work Plan.

8.5       The AICHR shall also establish an endowment fund which consists of voluntary contributions from ASEAN Member States and other sources.

8.6       Funding and other resources from non-ASEAN Member States shall be solely for human rights promotion, capacity building and education.

8.7       All funds used by the AICHR shall be managed and disbursed in conformity with the general financial rules of ASEAN.

8.8       Secretarial support for the AICHR shall be funded by the ASEAN Secretariat’s annual operational budget.

9. GENERAL AND FINAL PROVISIONS

9.1.      This TOR shall come into force upon the approval of the ASEAN Foreign Ministers Meeting.

Amendments

9.2.      Any Member State may submit a formal request for an amendment of this TOR.

9.3.      The request for amendment shall be considered by the Committee of Permanent Representatives to ASEAN in consultation with the AICHR, and presented to the ASEAN Foreign Ministers Meeting for approval.

9.4.      Such amendments shall enter into force upon the approval of the ASEAN Foreign Ministers Meeting.

9.5.      Such amendments shall not prejudice the rights and obligations arising from or based on this TOR before or up to the date of such amendments.

Review

9.6.      This TOR shall be initially reviewed five years after its entry into force. This review and subsequent reviews shall be undertaken by the ASEAN Foreign Ministers Meeting, with a view to further enhancing the promotion and protection of human rights within ASEAN.

9.7.      In this connection, the AICHR shall assess its work and submit recommendations for the consideration of the ASEAN Foreign Ministers Meeting on future efforts that could be undertaken in the promotion and protection of human rights within ASEAN consistent with the principles and purposes of the ASEAN Charter and this TOR.

Interpretation

9.8.      Any difference concerning the interpretation of this TOR which cannot be resolved shall be referred to the ASEAN Foreign Ministers Meeting for a decision

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Note:-  On 23 October 2009, the Heads of State/Government of ASEAN presided over the Inaugural Ceremony of the ASEAN Intergovernmental Commission on Human Rights (AICHR), during which they also announced the “Cha-am Hua Hin Declaration on the Inauguration of the AICHR” to pledge full support to this new ASEAN body and emphasize their commitment to further develop cooperation to promote and protect human rights in the region

ALIRAN: Protecting the rights of migrant workers and their families: Malaysia’s obligation

Protecting the rights of migrant workers and their families: Malaysia’s obligation

Sunday, 06 December 2009 18:32

The Asean Committee for Migrant Workers (ACMW) Drafting Committee meets in Kuala Lumpur on 7 and 8 December 2009, hosted by the Ministry of Human Resources. The ACMW Drafting Committee comprising Malaysia, Thailand, Indonesia and Philippines, is in the process of drafting a Framework Instrument on the protection and promotion of migrant workers rights for Asean, in line with the principle affirmed by the ten Asean states, under the Bangkok Declaration on Irregular Migration 1999 and the Asean Declaration on the protection and Promotion of the Rights of Migrant Workers.

Under the Bangkok Declaration, “Regular migration and irregular migration should not be considered in isolation from each other”, and “migration, particularly irregular migration, should be addressed in a comprehensive and balanced manner, considering its causes, manifestations and effects, both positive and negative, in the countries of origin, transit and destination.”

Further, signatory countries committed themselves under The Bangkok Declaration to formulate “comprehensive, coherent and effective policies on irregular migration … within the context of a broader regional framework based on a spirit of partnership and common understanding.”

In accordance with its commitment under the said declaration the Malaysian Government should extend protection of migrant workers’ rights to all migrant workers (documented and undocumented) regardless of their legal status in the future Framework Instrument for Protection and Promotion of Migrant Workers’ Rights.

The Government should also give protective coverage to the rights of migrant workers' families under the same future Framework Instrument.

The exclusion of both the above provisions from the Framework Instrument goes against Malaysia’s commitments under the UN Convention on Elimination of All Forms of Discrimination Against Women (Cedaw) and the Convention on the Rights of the Child (CRC) that all member nations of Asean have ratified and acceded to.

The CRC General Comment 6, issued by the Committee of the Rights of Child, states that all children present on the territory of a Government shall be extended the full protections under the CRC, regardless of status or origins of the child. The provisions of the Asean Instrument being developed must fully cover migrant children along with the other members of their family.

We support the vision of the Asean Declaration because the protection of women migrant workers and the children of migrant workers is an important central element of a comprehensive and efficacious regional Instrument.

Thus we urge the government to join the three other member states in the ACWM Drafting Committee i.e. Thailand, Indonesia and Philippines in supporting the inclusion of these clauses. Two of these, Indonesia and the Philippines, contribute a large portion of migrant labour to Malaysia, Thailand, Singapore and Brunei. The governments of origin countries like Indonesia and the Philippines would want to protect the rights of their nationals working abroad as is their duty to their own citizens and is exemplary government conduct.

Aliran seeks to remind the Malaysian Government that it is not in the national interest and that of the ‘rakyat’ at home or abroad to complicate or stall the process of establishing accepted and agreed international practices that meet  internationally recognised and approved ILO standards.

We also remind the Government that all Asean partners supported the ILO Declaration on Fundamental Principles and Rights at Work adopted unanimously by the ILO in June 1998. The ILO Declaration stipulates that the human rights of all migrant workers, regardless of their status, should be promoted and protected in line with the eight core ILO Conventions. Accordingly, we submit that the Asean Instrument being drafted must be in harmony with these Conventions.

We urge the Ministry of Human Resources and the Drafting Team to adopt the definition of “migrant worker” contained in Article 2 of the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This Convention defines a migrant worker as “a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.” This definition is comprehensive, clear and concise and merits adoption.

The coverage of migrant workers by the Asean Instrument should not be determined by the type of work performed by the migrant worker or the nature of the contract through which she or he is employed. A significant number of migrant workers in the region are temporary workers, domestic workers, informal sector workers and self-employed workers. It is important to ensure that these categories of workers, who are often overlooked, are included in the coverage of a regional Instrument.

We further note the Asean Declaration on the Protection and Promotion of the Rights of Migrant Workers makes the following reference on the importance of international frameworks -- “Recalling also the Universal Declaration on (sic) Human Rights …… as well as other appropriate international instruments which all Asean Member Countries have acceded to in order to safeguard the human rights and fundamental freedoms of individuals."

Aliran strongly urges the Government to support the inclusion in the Asean Framework Instrument of the principle of “national treatment” as exemplified in Article 25 of the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

In keeping with the Prime Minister’s advocacy of 1Malaysia, we hope that Malaysia will reciprocate the goodwill, cooperation and unity of its Asean neighbours in supporting the protection and promotion of migrant workers' rights and their human rights. Doing this, will only increase international esteem and respect for our country and our nationals who are working abroad to whom the same rights will apply under the principle of reciprocity.

Moreover, Aliran recommends as a reference document for the Asean Framework Instrument on the Protection and Promotion of Migrant Workers Rights, the draft Framework Instrument proposed by the Asean Civil Society Task Force that was presented to Asean member governments at the Asean Senior Labour Officials Meeting (SLOM) earlier this year in Vientiane, Laos.

The said document had been drafted in consultation with civil societies involved in work with migrant workers and advocates of migrant workers' rights in the region. It thoroughly covers in considerable detail issues and problems faced by migrant workers in their countries of origin, in transit and in destination countries within Asean.

In conclusion, we urge the Government to cooperate in the establishment of a just Asean body that prospers economically and socially through the protection and promotion of the human rights of its Asean family in the spirit of mutual respect and goodwill amongst Asean partners and their peoples.

Aliran Executive Committee
6 December 2009

Malaysia's and ASEAN's response to the finding and the sentencing of Aung San Suu Kyi by the Burmese court....

It is good that the ASEAN is once again voicing out on an injustice committed by one of its member countries, i.e. Burma.

See earlier post:- Aung San Suu Kyi Guilty - 3 years prison with hard labour - then reduced to 18 months house arrest. Release her, and restore democracy to Burma

ASEAN Chairman’s Statement on Myanmar
11 August 2009, Bangkok
http://www.aseansec.org/PR-090812-1.pdf

Thailand, as the ASEAN Chair, has learned with deep disappointment that Daw Aung San Suu Kyi was sentenced to serve eighteen months of house confinement with limited freedom. The Chair wishes to reiterate the calls made by the ASEAN Foreign Ministers attending the 42nd ASEAN Foreign Ministers’ Meeting and the 16th ASEAN Regional Forum held in July 2009 in Phuket, for the immediate release of all those under detention, including Daw Aung San Suu Kyi, with a view to enabling them to participate in the 2010 General Elections.

Such actions will contribute to national reconciliation among the people of Myanmar, meaningful dialogue and facilitate the democratization of Myanmar. Only free, fair and inclusive General Elections will then pave the way for Myanmar’s full integration into the international community.

ASEAN member countries wish to see Myanmar, a fellow ASEAN member, be at peace, prosperous and well respected in the international community. We stand ready to cooperate with the Myanmar Government in its efforts to realize the seven steps to democracy and remain constructively engaged with Myanmar in order to build the ASEAN Community together. We also continue to support the ongoing good offices of the United Nations Secretary-General and urge Myanmar’s full cooperation with the United Nations.

And, interestingly Malaysia also had a response, i.e. We need an urgent ASEAN meeting on this.

Malaysia's foreign minister Tuesday pressed for an "urgent meeting" among his ASEAN counterparts after the Myanmar junta ordered Aung San Suu Kyi to stay under house arrest for 18 months.

"I think there is a need for ASEAN foreign ministers to have an urgent meeting to discuss this issue, which is of grave concern," Foreign Minister Anifah Aman told Agence France-Presse.

"With this sentence there is no possibility for Aung San Suu Kyi to participate in the general election next year which should be free, fair and inclusive," he added.(AFP) - Inquirer.Net, 12/8/2009, Malaysian pushes for ASEAN meeting on Suu Kyi

Thailand may have caused the death of about 300 Rohingya refugees - Malaysia must act.

The allegation that more or less 300 Rohingya refugees may have died at sea when Thailand authorities put them back to sea during this monsoon period is getting more attention from rights groups.

The attention to this incident was also raised in a Burmese protest in Kuala Lumpur on 14/1/2009.

See also related earlier post - 325 Rohingyan Refugees feared death when authorities allegedly put them back to sea - Burmese demo in KL 14/1/2009

Human rights groups said today they were appalled at accusations that the Thai government sent hungry and desperate refuge-seekers from a Burmese ethnic minority back to the sea to die.

MCPX

David Mathieson, an expert on Burma with New York-based Human Rights Watch, said the treatment of the Rohingya - a Muslim group from Arakan state in Burma near the Bangladesh border - was "completely unacceptable."

"These are really serious allegations that need to be investigated by the UN and the Thai government," he told AFP.

"They are not allowed to act this way and I don't think this is an isolated incident."

Accounts from activists and media have emerged in the past days of about 400 ethnic Rohingya landing in southern Thailand last year after fleeing Burma, only to be towed to sea and cast adrift by the Thai navy.

The Indian coast guard in December rescued about 100 people believed to be from the same group near a remote island chain in the Bay of Bengal, but a search for the remaining 300 was unsuccessful, Indian officials said at the time.

Navy denies allegation

The Thai navy yesterday denied allegations that they sent the Rohingya adrift, and the Foreign Ministry said it was investigating the claims.

A researcher with London-based Amnesty International said that Thailand had obligations under international law to screen asylum-seekers to determine if they were at risk of abuse back home.

"There reports, if true, would implicate the Thai military in extremely serious violations of the human right to food, to seek asylum and potentially the human right to life itself," said Amnesty's Benjamin Zawacki.

"Those determined to not be refugees cannot simply be pushed back into sea with their hands tied, effectively left to die. These reports need to be immediately and thoroughly investigated."

Local human rights organisations including advocacy group the Arakan Project said that a number of Rohingya landed on southern Thailand's Andaman coast late last year, only to be sent adrift with little food and water.

The Bangkok Post newspaper on Sunday carried an account from survivors.

"We were tied up and put into a boat without an engine ... we were then towed into the high seas by a motor boat and set adrift," survivor Zaw Min told the paper.

Rights groups say the Rohingya face religious and ethnic persecution from Burma's military regime, forcing thousands of them to take to rickety boats each year to try to escape poverty and oppression. - Malaysiakini, 19/1/2009 - Thailand accused of leaving refugees to die at sea

It may have happened in Thailand - and the victims may not be Malaysians but Malaysia must take up this issue and demand an investigation, and if found to be true an explanation.

Thailand, being a member of ASEAN also is a signatory of the Bangkok Declaration that stresses humane treatment - and sending them out to sea during this dangerous times is certainly not humane.