Annual Report 1999 - 2000
International Activities
The Commission undertakes bilateral international activities, generally as part of the Australian Government's development cooperation program developed by the Australian Agency for International Development (AusAID). The most substantial of these is the Human Rights Technical Assistance Program, which is an integral part of the annual Dialogue on Human Rights with China.
The Human Rights Technical Assistance Program (HRTA) undertakes each year a series of activities intended to assist China to promote and protect human rights. In 1999/2000 a total of fourteen activities was undertaken. These included providing scholarship for Chinese officials to study human rights in Australia, conducting seminars in China on human rights subjects, providing training to Chinese judges and prosecutors and assisting with the introduction of measures to protect women from family violence and to protect the rights of prisoners.
The program is intended to have both immediate and long term impact. Over the course of the past year there have been some modest but noticeable results - for instance the introduction of mandatory procedures for informing detained persons of their rights, mandatory complaints procedures for informing detained persons of their rights, mandatory complaints procedures and the initiation of consultations between social reform groups and public authorities, greater openness in this work of courts and the primary regular reporting of judicial determinations, etc.
In the longer term the program is expected to have an impact through increasing the level of knowledge of human rights concepts, with a resultant impact on the formulation of Chinese policy and practice. The program therefore seeks to work with the Chinese authorities to demonstrate the value of institutionalising the regard for human rights and to then work with those authorities to formulate and implement practical strategies to realise that value.
During the course of 1999/2000 the Commission has been involved in discussions with the Vietnamese authorities concerning the possibility of undertaking a program of joint research on human rights and a study of human rights institutions in the Asia-Pacific region. A modest start to this program is expected in the coming year.
The Commission has also worked with other countries on a smaller scale and in more technical areas. For instance the Commission has worked with the Government of Indonesia on preparing plans for the implementation of Convention 111 of the International Labour Organisation (relating to equality in employment) and with the Government of South Africa on technical improvements to the operations of the Commission on Gender Equality.
Asia Pacific Forum of National Human Rights Institutions
The Commission's 1996-97 Annual Report announced the establishment of the Asia-Pacific Forum of National Human Rights Institutions (the Forum) on 10 July 1996. There are currently seven national human rights institutions in the region that are members of the Forum: New Zealand, Australia, the Philippines, India, Indonesia, Sri Lanka and Fiji. The recently established National Human Rights Commission of Nepal is anticipated to become the eighth member at the Forum's Fifth Annual Meeting in August 2000. The Secretariat of the Forum is located at the Australian Commission. The Australian Government, through the Minister for Foreign Affairs and Trade, the Hon. Alexander Downer MP, and the Australian Agency for International Development (AusAID) has been unstinting in its political and financial support for the Forum. Core project funding is provided by the Australian Government. Additional funding for Forum activities is provided by a range of donors on a project by project basis.
During 1999-2000, the Secretariat's operations concentrated on three main areas of activity
(i) the development and delivery of technical assistance and cooperation projects
(ii) information dissemination and
(iii) administrative support for the Forum and its activities.
Technical Assistance and Cooperation Projects
The objectives of these projects, which are developed jointly with partner institutions or governments, are to:
- improve the levels of appropriate skills and knowledge among members and staff of national institutions in the region
- enhance national institution structures and procedures in accordance with the Paris Principles[1] to facilitate a more effective system to protect and promote human rights
- provide governments in the region wishing to establish a national institution with assistance and information as requested to facilitate the development of a national institution in accordance with the Paris Principles.
Projects developed within the framework of the Forum generally fall into two categories
(i) country-based or bilateral projects which tend to be medium to long term technical assistance activities focused on the development and strengthening of national human rights institutions and
(ii) regional projects which focus on identified areas of common need or concern in the region.
The Forum is not a funding agency and has no funds of its own to apply to technical cooperation activities. Rather, its role is to develop proposals that can then be taken to potential funding organisations, whether government or private, for consideration. It is important therefore that any proposals for technical cooperation be developed in a comprehensive manner and in formats that fit with the requirements of the funding agency.
Details of some of these projects are outlined below, under 'Regional projects' and 'Country related activities'.
Information Dissemination
The exchange of information is one of the Forum Secretariat's fundamental roles. The objectives in this area are to
- improve awareness among political and administrative decision-makers and the wider community of the value and importance of national human rights institutions
- improve awareness among relevant regional governments and agencies of appropriatfunctions, powers, structures and legislation for national institutions established in accordance with the Paris Principles
- improve awareness among regional national human rights institutions of the legislation, casework, techniques, procedures and outcomes of other national institutions both within and outside the region
- provide information about Forum activities to member institutions, governments, United Nations agencies, non-government organisations and the general community.
The Forum encourages the participation of governments and human rights non-government organisations in the annual Forum meetings as observers. This has been an important process to promote the establishment of new institutions, the effectiveness of existing institutions, closer partnerships with governments and non-government organisations and greater awareness of the Forum's activities.
Forum Administrative Support
The Secretariat organises and services the annual meetings and workshops of the Forum; implements decisions of the Forum; undertakes research; develops technical assistance and cooperation projects and other proposals; seeks funding for projects and facilitates the provision of expert assistance to governments in the region concerning the establishment of national institutions.
Regional Activities
Fourth Annual Meeting of the
Asia-Pacific Forum of National Human Rights Institutions
Manila, 6-8 September
1999
The annual Forum meetings are now the largest and most representative human rights gathering held annually in the Asia Pacific.
Financial assistance was provided by the Office of the United Nations High Commissioner for Human Rights and the Government of Australia, through the Australian Agency for International Development (AusAID).
The special theme for the Meeting was National Human Rights Institutions and Economic and Social Rights. The keynote speakers were Justice P C Bhagwati, Regional Representative of United Nations High Commissioner for Human Rights and Deputy Chairperson of the United Nations Human Rights Committee, and Professor Virginia Dandan, Chairperson of the United Nations Committee on Economic, Social and Cultural Rights. Participants included senior representatives of the seven national human rights commissions that comprise the Asia Pacific Forum and the Special Adviser to the United Nations High Commissioner for Human Rights, Mr Brian Burdekin representing the High Commissioner.
The Forum called on governments to give explicit effect to their commitment to the realisation of economic, social and cultural rights, including through their input into the policies and programs of international financial institutions and of international and regional economic forums. The Forum expressed its continued concern at the detrimental impact that some policies and practices of international financial institutions and multinational corporations have upon the enjoyment of human rights. It noted its concern that, as non-state actors, these institutions are not subject in law to international human rights treaties and are not formally accountable for compliance with them. The Forum welcomed the initiative of the High Commissioner for Human Rights to establish a dialogue with United Nations agencies and programs, international financial institutions, international agencies and non-state players. The Forum also encouraged the Committee on Economic, Social and Cultural Rights to continue and extend its dialogue with all these bodies in its work. The Forum agreed to further explore means of promoting and protecting economic, social and cultural rights and resolved to explore closer engagement with relevant organisations.
A full report of the meeting has been placed on the Forum's website.
Forum Regional Workshop: The Role of National Human Rights Institutions in Advancing the International Human Rights of Women
At its Fourth Annual Meeting in 1999, the Forum agreed to hold a workshop in 2000 on the advancement of women's human rights, in consultation with the NGO community. The Fiji Human Rights Commission (FHRC) agreed to host this Workshop to enhance the profile of human rights in the Pacific sub-region.
The Workshop was organised by the Secretariat of the Asia Pacific Forum of National Human Rights Institutions, in collaboration with the host institution, the Fiji Human Rights Commission. It was co-sponsored by the Office of the United Nations High Commissioner for Human Rights (OHCHR) and financially supported by OHCHR, the New Zealand Government, through its Ministry of Foreign Affairs and Trade (MFAT), and the Australian Government, through its Agency for International Development (AusAID) as part of its continuing program of support for the Forum Secretariat.
The Workshop was held from 5 - 7 May 2000 in Suva, Fiji Islands. It was preceded by frequent consultation between the Forum Secretariat, the FHRC and the OHCHR.
The Prime Minister of the Fiji Islands, the Hon Mr Mahendra P Chaudhry, opened the Workshop at a function that was also addressed by the Chairperson of the Fiji Commission on Human Rights, Mr Justice Kepa, the Special Adviser to the United Nations High Commissioner for Human Rights, Mr Brian Burdekin, and Justice Dame Silvia Cartwright, Committee Member, CEDAW and New Zealand High Court Judge.
The goal of the workshop was to promote better understanding and observance of the international human rights of women in the Asia Pacific region.
The workshop was very successful and produced a comprehensive statement of conclusions. Further details on this activity can be found in a separate report to this meeting.
Sadly, ten days following the workshop the elected Fiji Government was held hostage and overthrown by a civilian coup. The Forum Secretariat, however, hopes to continue to develop human rights projects which implement the conclusions of the workshop with Pacific island states.
Forum Regional Workshop: National Institutions and Non-Government Organisations: Working in Partnership
From 26-29 July 1999 the Forum regional workshop, National Institutions and Non-Government Organisations: Working in Partnership was held in Kandy, Sri Lanka. Co-sponsors of the workshop were the Sri Lankan Human Rights Commission and the Asia Pacific Human Rights Non-Government Organisations Facilitating Team. The workshop was attended by approximately 70 participants representing national institutions, non-government organisations, governments and international organisations. The United Nations Voluntary Fund for Technical Assistance provided US$50,000 and the New Zealand Government a further NZ$46,000 towards the workshop. A full report of the outcomes of the workshop was presented at the Forum's Fourth Annual Meeting in Manila in 1999 and is on the Forum's website.
Country-based Projects
East Timor
On 10 December 1999 an officer of the Secretariat participated in a symposium Darwin on the establishment of a judicial system in East Timor, inalized by the United Nations Transitional Authority in East Timor (UNTAET) and the School of Law of the Northern Territory University. The Human Rights Commissioner and the Forum officer traveled to Dili, East Timor and met with local NGO representatives and the Director and officers of the Human Rights Unit of UNTAET.
In January 2000 at the request of UNTAET the Forum inalized two project proposals: the first a proposal for the establishment of an ombudsman's position in UNTAET; the second a project proposal for an East Timor human rights seminar. This seminar, developed by the Forum Secretariat and implemented by UNTAET is scheduled to be held in Dili in August 2000 and it is expected that the High Commissioner for Human Rights, Mrs Mary Robinson will participate.
Indonesia
The Forum continued its management of technical assistance and cooperation with the Indonesian Human Rights Commission (Komnas HAM). This included the recruitment, selection and placement in May 2000 of an Australian human rights educator at Komnas HAM for two years.
In June 2000 the Secretariat hosted a five person delegation from the Indonesian Human Rights Commission, Komnas HAM. The program included an academic component and meetings with Ministers, the Judiciary, government and non-government representatives as well as focusing on national institution policy, legal, conciliation and education issues. The visit provided the delegation with knowledge of alternative institutional mechanisms for the protection and promotion of human rights and further developed linkages between Komnas HAM and the Forum.
Iran
In July 1999 the Secretariat met with the Deputy Foreign Minister of Iran, Mr Mohsen Aminzadeh and other Iranian government officials. Discussion included the existing cooperation between the Forum and the Islamic Human Rights Commission of Iran.
Sri Lanka
The Forum regional workshop in July 1999, National Institutions and Non-Government Organisations: Working in Partnership was held in Kandy, Sri Lanka. Co-sponsors of the workshop were the Sri Lankan Human Rights Commission and the Asia Pacific Human Rights Non-Government Organisations Facilitating Team. The workshop was attended by approximately 70 participants representing national institutions, non-government rganizations, governments and international rganizations. The United Nations Voluntary Fund for Technical Assistance provided US$50,000 and the New Zealand Government a further NZ$46,000 towards the workshop. A full report of the outcomes of the workshop was presented at the Forum's Fourth Annual Meeting in Manila in 1999 and is on the Forum's website.
Thailand
In October 1999 the Secretariat in partnership with the Centre for Democratic Institutions organised a one week visit of an eight person delegation from Thailand. The delegation was comprised of a cross-section of people from the Thai community including members of Parliament, government officials and non-government representatives. The visit followed the passage of the National Human Rights Commission Act by the National Assembly of Thailand.
Vietnam
In July and October 1999 the Director of the Secretariat gave lectures to 20 Vietnamese judges on the interrelationship between human rights and criminal law, the role of national human rights institutions and the activities of the Asia Pacific Forum. This project was in association with the Centre for Asian and Pacific Law at the University of Sydney. The project was funded by the United Nations Development Program.
[1] Principles Relating To The Status Of National Institutions, Commission on Human Rights resolution 1992/54 of 3 March 1992. Annex (Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A): General Assembly resolution
Last updated 1 December 2001.
