Go for gold – ratify UN treaty

12 September 2008

A commentary piece in the Straits Times, calling for more countries to ratify the Convention on the Rights of Persons with Disabilities, which is one of the newest international UN conventions.

For more details on the convention, visit the sites below.
Secretariat for the Convention on the Rights of Persons with Disabilities
Committee on the Rights of Persons with Disabilities

Sep 12, 2008
RIGHTS OF THE HANDICAPPED
Go for gold – ratify UN treaty
By Khalid Malik
EVEN as we celebrate the remarkable athletes who are participating at the Beijing 2008 Paralympic Games, we should reflect on the rights of all people with disabilities. We should hail the 192 United Nations member-states who approved the Convention on the Rights of Persons with Disabilities two years ago, but keep in mind that only 36 of them have ratified the Convention thus far.

People with disabilities are the world’s largest minority. There are more than 650 million of them in the world. China alone, which signed the Convention in June, has 83 million people living with disabilities, of whom 20,000 are newly disabled as a result of the Sichuan earthquake.

If ratified by all nations, the Convention would create a better world for everyone. It aims to ensure that handicapped people enjoy the same rights and basic freedom as all others. If implemented, it could help fulfil the potential of roughly 10 per cent of the world’s population.

Countries that sign it are required to protect the rights of their handicapped in economic, social and cultural fields. It calls for equal access to primary and secondary education, the right to the highest attainable standard of health without discrimination, equal rights to work and equal participation in political and public life.

Unemployment among the disabled is as high as 80 per cent in some countries. Employers often assume that persons with disabilities are unable to work. Up to 90 per cent of children with disabilities in developing countries do not attend school.

The Paralympic Village, transformed from the Olympic Village, offers special facilities to meet the needs of physically challenged athletes. This includes access to apartments, a hospital, a bank, places of worship and shops. If only the world at large so complied with one part of the Convention, which requires countries to identify and eliminate obstacles and barriers, and calls for access to transportation, public facilities and services for people with disabilities.

We have witnessed remarkable achievements during these competitions that were once considered unattainable. These special Games exemplify the best of the human spirit. We have seen many firsts at the Paralympics. Rowing was added to the programme. More than 4,000 athletes from 148 countries joined to break barriers and attain dreams.

The International Labour Organisation is helping China to develop equal opportunity legislation for people with disabilities in the workplace. It has supported training for employment opportunities, including start-up businesses for entrepreneurs who are disabled. The United Nations Development Programme works closely with the China Disabled Persons’ Federation to promote rights protection for persons with disabilities. More than 500 social workers have been trained in promoting rights protection through better understanding of the law and international norms and services for disabled people. Unicef helped revise the Chinese law on the Protection of Persons with Disabilities, which entered into force in July, with a special provision on disabled children.

Everybody counts. And everybody has rights that must be upheld. Like the striving of a Paralympic champion, ratifying the Convention and safeguarding the rights of the handicapped are attainable, but would require hard work and determination.

We urge those countries which have not signed and ratified the Convention to do so. We urge the involvement of disabled persons organisations in incorporating the articles of the Convention into national legislations. We recommend developing national action plans, with concrete activities, projects and established timelines.

Why not go for the gold?

The writer is the United Nations’ resident coordinator in China


High-Level Panel meeting on Terms of Reference of ASEAN human rights body

8 September 2008

The Philippines Department of Foreign Affairs has issued a press release, providing details of an upcoming meeting of the High-Level Panel (HLP) on the Drafting of the Terms of Reference (TOR) of the ASEAN Human Rights Body. The meeting, the third of its kind, will be held on 10 – 12 September 2008 in Manila.

The HLP consists of the following:

BRUNEI DARUSSALAM
H.E. Dato Paduka Haji Shofry Abdul Ghafor
Permanent Secretary Ministry of Foreign Affairs and Trade
Brunei Darussalam

CAMBODIA
H.E. Om Yentieng
Advisor to the Royal Government of Cambodia
President of the Human Rights Committee of Cambodia

INDONESIA
Mrs Wiwiek Setyawati Firman
Director for Human Rights and Humanitarian Affairs
Department of Foreign Affairs

HLP Alternate:
Mr Arief Havas Oegroseno
Director for Political Security and International Treaties
Department of Foreign Affairs

LAOS
H.E. Bounkeut Sangsomsak
Vice Foreign Minister
Ministry of Foreign Affairs

MALAYSIA
H.E. Tan Sri Ahmad Fuzi Abdul Razak
Ambassador with Special Functions
Ministry of Foreign Affairs

MYANMAR
H.E. U Myat Ko
Secretary of Myanmar Human Rights Group
Director-General, General Administration Department
Ministry of Home Affairs

PHILIPPINES
H.E. Amb Rosario G Manalo

SINGAPORE
H.E. Bilahari Kausikan
2nd Permanent Secretary
Ministry of Foreign Affairs
Department of Foreign Affairs

THAILAND
H.E. Sihasak Phuangketkeow
Ambassador and Permanent Representative of Thailand to the UN Office and Other IOs in Geneva

HLP Alternate:
Prof Vitit Muntarbhorn
Faculty of Law, Chulalongkorn University
Thailand

VIETNAM
H.E. Pham Quang Vinh
SOM Leader of ASEAN-Vietnam
Ministry of Foreign Affairs

According to ASEAN, the first draft of the TOR of the ASEAN human rights body will be submitted at the 14th ASEAN Summit in December 2008.


Public consultation on the ASEAN human rights body

28 August 2008

MARUAH is organising a public consultation on 6th September 2008 to collect feedback from Singaporeans regarding the ASEAN human rights body.

Why is your input important?
Across ASEAN, the views of various stakeholders are being sought with regard to the proposed ASEAN human rights body. It is important that Singaporeans have a say in this process.

Why is the ASEAN human rights body important?
In its recent progress chart (PDF) on the Millennium Development Goals (MDGs), the United Nations (UN) said the South-East Asian region as a whole is not expected to meet 4 of the 8 MDG targets. These 4 are:
Goal 2 – universal primary schooling
Goal 3 – gender equality and empowerment of women
Goal 5 – improve maternal health
Goal 6 – combat HIV/AIDS, malaria, and other diseases

The UN also said in a report that the human rights focus must be re-emphasised if the MDGs are to be achieved in a sustainable manner.

This is why it is so important that an effective ASEAN human rights body is established, and that a rights-based approach is taken as ASEAN works towards its 3 pillars (Security, Economic, and Socio-Cultural) of development. A rights-based approach would help to ensure that, in the shaping and implementation of policies, there is both transparency and accountability. It is another way to really help the people in our region.

Details of public consultation
Date: 6th September 2008, Saturday
Time: 10am to 1pm
Venue: Singapore Council of Women’s Organisations (SCWO)
96 Waterloo Street
Singapore 187967

Please register early with the MARUAH Secretariat with your name, organisation and contact details via email: maruahsg@gmail.com


Regional Consultation on the ASEAN commission on the rights of women and children and the ASEAN human rights body

28 August 2008

MARUAH will be participating in the above-mentioned consultation, scheduled to be held at Bangkok, Thailand, from 15th to 17th September 2008. MARUAH will be represented by Ms Braema Mathi, who is also the Chairperson of the CEDAW Committee at the Association of Women for Action and Research (AWARE).

The consultation aims to

– provide an update on recent developments in ASEAN

– develop a regional civil society advocacy strategy on the establishment of both the ASEAN Commission on the rights of women and children, and the ASEAN human rights body.

– help the women and child rights groups step up the engagement process with ASEAN


MARUAH takes part in 2nd Regional Consultation on ASEAN and Human Rights

28 August 2008

Ms Braema Mathi from MARUAH recently attended the 2nd Regional Consultation on ASEAN and Human Rights, held in Jakarta on 5-7th August 2008.

The consultation brought together representatives from various NGOs, Indonesian Government, ASEAN Secretariat, Office of the UN High Commissioner for Human Rights, Working Group for an ASEAN Human Rights Mechanism, and National Human Rights Institutions in ASEAN.

Discussion centred around how the proposed ASEAN human rights body would be able to address critical human rights issues confronting ASEAN.

Participants shared their views on strategies to engage effectively with ASEAN governments, ASEAN Secretariat, and High Level Panel (HLP) members.


Human rights of migrant workers in ASEAN

28 August 2008

At the 7th Workshop on the ASEAN Regional Mechanism on Human Rights (held in Singapore 12-13 June 2008), Ms Braema Mathi of MARUAH spoke on issues faced by migrants workers in ASEAN. We enclose a PDF of her presentation.


Human Rights in Singapore 101

8 August 2008

Mr Siew Kum Hong, a member of MARUAH, spoke at the recent SYINConnect conference. His topic was “Human Rights in Singapore 101”.

Click here to view the slides presented on that day.


MARUAH submits comments on draft CRC report

8 August 2008

MARUAH recently made a submission to the Ministry of Community Development, Youth and Sports (MCYS), as part of a public consultation on the draft report on the Convention on the Rights of the Child (CRC).

Having ratified the CRC in 1995, Singapore is obliged to submit a report every 5 years to the United Nations Committee on the Rights of the Child.

See here for a previous post on this issue.

Below is our submission.

Comments on Singapore’s Draft Periodic Report on the United Nations Convention on the Rights of the Child (CRC)

MARUAH welcomes the Government’s attempts in engaging with Singaporeans’ views in its Periodic Report to be submitted to the UN Committee on the Rights of the Child. We have been heartened by the response of Singaporeans on this document even though their opinions were articulated in a private context (closed-door event). We look forward to public dialogues between the people and the Government in future forums.

MARUAH notes that the CRC, together with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), is a core human rights treaty that all ASEAN states have acceded to, or ratified. We therefore believe that it is important for Singapore to be a leader within the ASEAN family in upholding the values and obligations of the CRC. Accordingly, MARUAH, as a group focusing on the establishment of the ASEAN human rights body, is glad for this opportunity to be of assistance in the ongoing process of human rights development in Singapore and by extension ASEAN.

MARUAH makes the following comments:

General measures of implementation

1. Declarations and reservations
1.a. MARUAH highlights one of the Government’s reservation on compulsory education
“(6) With respect to article 28.1(a), the Republic of Singapore – (a) does not consider itself bound by the requirement to make primary education compulsory because such a measure is unnecessary in our social context where in practice virtually all children attend primary school;”
1.b. MARUAH calls for the above reservation to be removed in light of the implementation of the Compulsory Education Act in Singapore

2. Dissemination
2.a. Too few know about the CRC, especially children
2.b. MARUAH calls for the CRC to be included in the school syllabus
2.c. MARUAH is also concerned that the draft report was only disseminated in early July 2008, with only 1 month for public consultation
2.d. MARUAH understands that the forum held on 2nd July to discuss the draft report was a closed-door event (as reported by TODAY), and not a public forum
2.e. MARUAH calls for greater public consultation on the CRC report; specifically, MCYS needs to engage the young

Basic health and welfare

3. Children with disabilities
3.a. Children with disabilities are not fully integrated into the education system
3.b. They should be given every opportunity to interact with other children on a regular basis
3.c. Include special schools and all children with disabilities under the Compulsory Education Act

Special protection measures

4. Juvenile justice
4.a. MCYS mentions “Notwithstanding the lower age of protection, there are currently safeguards and protective mechanisms within Singapore’s legislative framework to provide added protection to young offenders between 16 and 18.” (page 98, point 5.3)
4.b. What are the specific “safeguards and protective mechanisms”?
4.c. MARUAH notes that the MCYS report does not address the concerns raised by CRC committee [45a) on following UN guidelines, 45d) on prohibition of corporal punishment during detention]

Optional Protocols

5. MARUAH calls on Singapore to ratify the 2 Optional Protocols under CRC
5.a. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Singaporeans engaged in paedophilia outside of Singapore should be subjected to the “long-arm” of the law.
5.b. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

In conclusion, we at MARUAH applaud the Government and all Singaporeans who participated in this dialogue for producing a document that is worthy of a society that prides itself for its child-friendly family values. We hope the amendments that we seek will be considered, and look forward to contributing to the larger process of establishing a culture of respect for fundamental human rights in Singapore.


Myanmar opposes investigative powers

30 July 2008

The Associated Press (AP) reveals a worrying signal from Myanmar on the issue of the ASEAN human rights body.

Myanmar opposes investigative powers
By JIM GOMEZ – Jul 22, 2008

SINGAPORE (AP) — Myanmar’s junta has indicated it will oppose any effort to give a Southeast Asian human rights body the power to monitor or investigate rights violations in the region, diplomats said Tuesday.

A high-level panel of the Association of Southeast Asian Nations started work Monday to set up the rights body. The panel will lay down the body’s future makeup, role and powers, which will be presented to a summit of ASEAN leaders in December.

But in a closed-door session with the panel Monday, Myanmar Foreign Minister Nyan Win said the human rights body should uphold ASEAN’s bedrock policy of noninterference in each other’s affairs, a diplomat present at the meeting told The Associated Press.

The diplomat spoke on condition of anonymity because she was not authorized to speak to the media.

Another diplomat who attended a separate meeting between all 10 ASEAN ministers and the panel also said Nyan Win made clear his opposition to the rights body having any monitoring authority.

Myanmar’s military government, which has been strongly criticized by Western governments and even fellow ASEAN members for its dismal human rights record, has used the bloc’s policy to parry any attempt by outsiders to intervene on behalf of human rights victims in the military-ruled nation.

It has already been decided that the rights body will not have the power to impose sanctions or seek prosecution of violators. But Myanmar’s objections, if honored, will make the body even less effective.

A majority of other ASEAN foreign ministers, led by Indonesia, the Philippines and Thailand, separately told the panel that the human rights body should at least be empowered to monitor violations and offer advice to prevent such problems, said the first diplomat.

Myanmar officials were not immediately available for comment but in the past they have said the human rights body should only serve as a “consultative mechanism” and that it should not “shame and blame” any ASEAN nation.

The rights body is being set up as part of ASEAN’s proposed new charter, which seeks to make the organization rule-based.

ASEAN Secretary-General Surin Pitsuwan said the charter will serve as a guide to the panel drafting the terms of reference for the rights body.

“They’re going to follow the charter very, very closely — its principle of promoting, upholding and protecting human rights,” Surin said.

The international community has condemned Myanmar’s junta for its refusal to restore democracy and release pro-democracy leader and Nobel laureate Aung San Suu Kyi and other political detainees. ASEAN has also been criticized for not doing enough to pressure Myanmar’s military leaders.

ASEAN foreign ministers, disappointed with the Myanmar junta’s foot-dragging on democracy, expressed “deep disappointment” in a statement Sunday at the junta’s May decision to extend Suu Kyi’s detention.

ASEAN’s members are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.


SE Asia begins negotiations to set up rights body

30 July 2008

Reuters reports on the different views expressed by the 10 member countries of ASEAN, with regards to the proposed human rights body under the ASEAN Charter.

21st July 2008
SE Asia begins negotiations to set up rights body
By Manny Mogato

SINGAPORE (Reuters) – The Association of South East Asian Nations (ASEAN) has begun negotiations for the creation of a human rights body, a senior Philippine official said on Monday, with hopes of concluding talks in Bangkok next July.

Rosario Manalo, Manila’s representative on a high-level panel drafting the framework, said they expected to show ASEAN foreign ministers a draft of the terms of reference of the rights body by December 2008.

“I am very positive we can finish our job by the time ASEAN foreign ministers meet next July in Bangkok,” Manalo told reporters, adding that more member states had recently expressed willingness to set up an independent body with broader powers.

Last year, Southeast Asian leaders agreed in Singapore to set up a rules-based organization. Among key institutions they agreed to establish was a human rights body.

In a communique, ASEAN foreign ministers meeting in Singapore on Monday “reaffirmed the commitment by all member countries to ratify the ASEAN Charter by the 14th ASEAN summit in Bangkok” in December.

Only Indonesia, the Philippines and Thailand have yet to approve the charter after Myanmar formally informed the bloc of its ratification this week.

Manalo said some member states which had been initially reluctant to form even a local human rights body had become supportive after the 10-member task force met the ASEAN foreign ministers on Monday.

“The minister of Laos was supportive of the human rights body and was doing more positive things,” said Manalo, a former diplomat.

“The minister of Vietnam was very conciliatory and very positive. He said we can find common grounds to agree and only one or two states were holding on to their positions to keep the status quo.”

DIVIDED BLOC

The Philippines has urged the bloc to work on the universal standard of human rights as adopted by the United Nations because all 10 members were signatories to the Universal Declaration of Human Rights.

Indonesia, Malaysia, the Philippines and Thailand wanted a strong, independent body that would not only protect and promote human rights, but also compel members to make periodic reports on progress, an official said.

Cambodia, Laos, Myanmar and Vietnam wanted only an advisory or consultative body, while Singapore and Brunei preferred to define human rights in the context of ASEAN.

“In short, these countries wanted a watered-down human rights body, where state interests prevail over the rights of individuals,” the official said.

The task force was beginning its work on Monday and hoped to conclude negotiations by the next ASEAN ministerial meeting in Bangkok in a year’s time, he said.

Manalo said some initially reluctant states had become more positive, believing that ASEAN must create a rights body that was “more realistic and credible — not just to the people of the region, but for the rest of the world”.

Last month, Singapore’s Tommy Koh, head of the task force drafting an ASEAN charter calling for protection of human rights, said there was no consensus on the body having the power to monitor or investigate rights situation in the 10 member states.

“We do not want the ASEAN human rights body to be accusatory, a finger-pointing body,” said Koh.

ASEAN, a bloc encompassing half a billion people, groups Brunei, Indonesia, Cambodia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

(Reporting by Manny Mogato; Editing by Roger Crabb)