Overview

The on-going repression in Asia ignited the flame of courage of AFAD human rights defenders(HRDs) to  fight  and become the voice of the voiceless.  Doing so, they face incredible risks in their lives and for their families.  For sometime now, Asian human rights defenders face alarming repercussions as they stir the ire of their respective  governments. 

Being in the frontline, they are the first to “disappear,” be tortured or worse, killed. The  threats against people working for the protection of human rights have not escaped the scrutiny of the international media. Recently, Time Asia published its  special issue on the region’s extraordinary personalities, titled, 2005 Asian Heroes.  One  of  them is  Suciwati,  wife  of  human rights defender  Munir  who was poisoned  on a Garuda Flight 974 as he traveled  to  Amsterdam to  pursue an advanced degree in law .  

Meeting  Suciwati on  December 8, 2004  during the sharing of  experiences  of families of victims of enforced disappearances  showed me a reflection of  a calm mother  clad with courage and iron-steel determination to find the answer to the  political assassination of   her husband, Munir.  As AFAD gave tribute to its martyrs during Munir’s 39th birthday, Suciwati, in her speech delivered in Bahasa, gave participants the inspiration to continue their search for justice for their beloved desaparecidos.  

That time also gave me the  opportunity to see Munir’s children, Alif (6) and Suu Kyi(2), both named after two famous human rights defenders, Chile’s Salvador Allende and Burma’s Aung San Suu Kyi. The children went about their business playing and laughing, oblivious of their  surroundings.  While I was watching them, I wished that  for the sake of  the  children and the next generations to come, all forms of human  rights violations would be eradicated from the face of the earth . May the fight for   justice their  father started and their mother is now continuing not be in vain. Munir’s case was the   classic example of the persecution of human rights defenders.         

 

Road less traveled

With the classic definition of who is a hero, many faces crop up in my mind. A hero can be anyone including the defenders of human rights — individuals   who play an important role in promoting and protecting human rights. They can be lawyers, doctors, journalists, labor union representatives, social workers, government officials,  individuals who  are  helping their country’s people  have  a  better life and make a  difference in a repressive society.      

Being a human rights defender entails commitment. Opting to be one is choosing the road less traveled as this consequently means reprisal from authorities, violence or even death. In today’s setting,   many human rights defenders experience various  aggressive responses from people in authority. These include torture, intimidation and harassment, arbitrary arrest and detention, enforced disappearances  and murder or extra-judicial execution. In  other cases,  they  are subjected to restriction of  freedom of  movement (going in and out of the country as in the case of  Ding Zilin and other  Tiananmen Mothers and Aung San Suu Kyi of  Burma,  “no permit, no rally  policy,” difficult requirements  to receive  foreign   funds or not  being allowed  to receive funding  at all.  

The year 2004 is sadly unforgettable for AFAD, as leaders of member-organizations earned the ire of their respective governments.  In the first  quarter of  the year,  AFAD received  reports  from the Association of  Parents of  Disappeared Persons (APDP) saying that 28 members  including their leaders, Parvez Imroz and  Parveena  Ahangar,  were brutally beaten, dragged, arrested and detained for staging a protest against the continuing phenomena of  enforced disappearances in Kashmir.  Twenty-four of them have been released and four were released on bail and are facing court charges.1   

Eight days later, the Tiananmen Mothers Campaign Group informed AFAD that Ding Zilin and   two other mothers were arrested from their house and   detained for six days by the Chinese Police.  This came at a time when AFAD members including the Hong Kong based Tiananmen Mothers Campaign Group attended the 60th session of the United Nations Commission on Human Rights in Geneva, Switzerland.2  The group was about to show a video documentary as compiled by the Tiananmen Mothers.        

 When AFAD was about to take a breather from all the tension which occurred in March, it  received an e-mail from a  colleague in  Kashmir informing that  Aasia Jeelani, former editor of the Voices Unheard and APDP volunteer  and her driver Ghulam  Nabi Sheikh were killed in a  landmine blast and four others were seriously  wounded  including  Jammu and Kashmir Coalition for Civil Society (JKCCS) programme coordinator,  Khurram Parvez while on an election monitoring activity.     

All these left AFAD in a heart-wrenching position as it tried, with much difficulty to cope with the on-going repression. But what shocked AFAD members most was the mysterious death of   its   chairperson,  Munir. The news came to the secretariat while it was at its peak of  preparation for the Jakarta conference project, “Healing Wounds, Mending Scars.”  Mugiyanto of IKOHI sent a short message service (SMS) saying “Only the good die young but the evil seems to live forever. Munir, President of AFAD, passed away today, on the way to Amsterdam.”  The people in the office were simply shocked and could not believe what was written hoping it was a bad joke.  After confirming the news  from Mugi,  tears just fell freely from  our eyes.  Feeling numb, the secretariat simply went back to work, but this time giving notice to  colleagues about the tragedy.   

Two months and one week after, the autopsy result  from the Netherlands  Forensic  Institute (NFI) identified a high and deadly level of arsenic in his body.  Suciwati received the information from a colleague in the Netherlands who read it in a Dutch newspaper Handelsblaad  on 11 November 2004. 3  The news generated various reactions all the more in and out of  Indonesia. What a great loss  to AFAD and  the Indonesian victims of human rights violations by whom Munir  was adored as their defender. He   was gone forever because of what  he truly believed in.      

The list goes on  as harassment continues to victimize others in AFAD.  Parvez Imroz, the Patron of   APDP and Council member of AFAD in Indian occupied Kashmir was the next victim. At around 5:30am, on April 30 this year, an unidentified gunman  attempted to enter his house at Kralpora area claiming that he wished to discuss a case with Mr. Imroz.  

But since there are restrictions on civilian movement at night across the Kashmir Valley for the past 15 years, Mr. Imroz became suspicious and instructed his wife to refrain from opening the door. Barred from entering their abode, the man (whom Mr. Imroz’ family believed to be a gunman from the Army) left after 15 minutes in frustration, but not before banging the door. The incident terrified Parvez’ family who was forced to move to a relative’s place.  It brought to mind an incident last year with a lawyer, Peer Husssam-ud-Din Banday who was killed by a gunman who accordingly wanted to discuss a case with him in the wee hours of the morning. 4  

Such harassment is the result of Mr. Imroz’ active involvement in the  human rights issue in Kashmir  and his continuing legal assistance  to  the  families of victims  of enforced or involuntary disappearances in the area.  

In the face of adversity bordering on  cruelty,  AFAD members find strength from their camaraderie and knowing that they are not alone.  Their seven-year existence as a federation working against disappearances is rich but  not yet very widely  known in Asia.      

In the recently conducted participatory evaluation of AFAD, the federation provided a venue to discuss where the federation is and what it has accomplished in the last seven years. Such an undertaking was formulated to give member-organizations a venue to discuss their output and outcomes and pave the way for capacity building for the next  three years. Mr. Patricio Rice, adviser of the Latin American Federation of Associations  of Relatives of Disappeared Detainees expressed  profound concern about AFAD’s future  in the light of the atrocities against its very own leaders

 

International Law Protecting the Defenders of Human Rights

All measures to protect  human rights defenders have been enacted since 1948 upon  the adoption of the  Universal Declaration of Human Rights. It is just a matter of putting into full use the existing mechanisms and oblige member-states of the United Nations to implement the  guiding principles they themselves have adopted and profess to implement. The alarming increase of casualties of HRDs worldwide is a glaring blot that  signifies that the obligations are not  fully implemented.   It is a pity that for such a noble profession which only a few dare to practice, their very rights are trampled upon.

To further strengthen the instrument, 36 years later, work began on the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, commonly known as Declaration of Human Rights Defenders in the United Nations Commission for Human Rights. The declaration was eventually adopted without a vote in the General Assembly in December 1998. It is the first United Nations instrument designed to recognize, promote and protect the work of Human Rights Defenders5.

The   Declaration calls on governments to address the rights and freedoms of human rights defenders. This is to ensure that they may carry out their work freely including the right to participate in peaceful activities against human rights violations6 and the right to criticize and complain about the non-compliance of governments with human rights standards and offer qualified legal assistance in defending fundamental freedoms.7 

 

The European Union (EU) Guidelines on Human Rights Defenders and the Asian HRDs

Recently, the European Union adopted the guidelines on Human Rights Defenders (HRDs).  These are practical suggestions to enhance EU action in supporting and   protecting human rights defenders in third world countries. Such guidelines are the result of the Irish government’s EU presidency in the first half of 2004.  While the HRDs’ declaration brings together the standards and principles, it also gives formal visibility and recognition to their work.    

 A question is  still posed by  the human rights community: Can  Asian HRDs  who are frowned upon, threatened, intimidated and killed by state officials and various non-state actors really  expect support and protection  from EU States ?  

Rukshan Fernando, Coordinator for  Forum Asia,  Human Rights Defenders Program,  has this to say “By and large, Asian HRDs can still feel the  support and protection stated in the EU Guidelines. Though the guidelines propagate a “proactive” role for EU missions, such role is not yet visible in Asia.”  

He further  cited that this year alone,  more than 10 HRDs, mostly labor and peasant leaders and four journalists have  been killed in the Philippines, while many more have been attacked, wounded and are facing  threats and intimidation.  Such killings and threats continue  also in Thailand, while  Singapore continues its suppression  of  HRDs and freedom of expression by deporting a  US peace activist and threatening a film maker with prosecution. In Bangladesh, HRDs have been facing arbitrary arrests, torture and filing of unfounded criminal charges. While local and international human rights groups have been clamoring for the masterminds  behind the  murder and disappearance of  Indonesian human rights defender Munir and Thai Human Rights lawyer  Somchai  Neelaphaijit to be brought to justice , the voice of the EU and its member states has not been heard to any extent.   

However, Fernando, pointed out  an instance  where HRDs who were faced with  severe restrictions as  an aftermath of the Royal Coup in Nepal on February 1 , 2005,  were supported by EU states.  

A little over a year old, the EU guidelines have yet to guide the EU in supporting and protecting human rights defenders. The guidelines suggest concrete and practical initiatives such as trial observation, regular contacts between EU missions and HRDs, capacity building and funding for international networking. The guidelines also provide for EU states to take up issues  of  HRDs including individual cases during political dialogues including country visits by EU officials . A particular challenge, though, is for the EU to support the thousands of lesser known “low profile” human rights defenders who continue to shed  their sweat and  blood for the cause of  human rights in the villages and towns of  Asia, without being noticed or known.

In reality, the Forum Asia  program coordinator  said “the EU guidelines do not have  teeth to bite, but can at least bark— and if the bark is loud enough and comes at the correct time, it still could offer protection and support for the HRDs. The EU guidelines do not offer legal protection to HRDs, but if  implemented “proactively”  by the member-states, these  can at least offer the much-needed political and practical support and recognition for Asian human rights defenders. “  

 

The Campaign for the Protection of All Persons from   Enforced Disappearances

On September 22 , 2005,  advocates and families of victims of  enforced or involuntary disappearances  worldwide  had  their  first taste of victory  during the approval of the text  on the  Convention for  the Protection of All Persons from Enforced or Involuntary Disappearances  in Geneva, Switzerland.  

French Ambassador Bernard Kessedjian  led the  last session of  the UN inter-sessional Open Ended Working Group to elaborate a Draft Legally-Binding  Normative Instrument  for the  Protection  of  all Persons from Enforced or  Involuntary Disappearances which  approved  the text  of the  draft  instrument.  It will still have to be presented to the next session of the UNCHR, then to the Economic Social Council. It is hoped that it will be adopted by the UN General Assembly before the end of 2006 and will be retified by a significant number of UN member -  states.

Interesting to note in this  instrument is the provision  in  Article 24 sec. 7 which affirms  that  families of the disappeared have the right to form  and participate freely in organizations and associations  concerned with the establishment  of the circumstances of enforced or involuntary disappearances and the fate of  the disappeared persons, and with assistance to victims of enforced disappearances. 8

This measure is greatly welcomed by the families of   AFAD member-organizations as they receive the brunt of the violence  from  their  respective governments.  Having this instrument has given them hope that  this new right to organize themselves will give them  the necessary  protection in this uphill struggle for human rights  promotion and defense.

 

The Impossible Dream

In this restless world, it is always welcome to draw strength and inspiration from someone.  In this quest for truth, justice and redress,  our   human rights defenders who receive little recognition have  earned the right to be called  modern-day heroes.  They are our indispensable link to full  humanity,  many of them live their lives unnoticed or may not even walk a red carpet for an awarding night.  But the song, The Impossible Dream9  says it all:   “And I know if I’ll only be true, to this glorious quest,  That my heart will lie  peaceful and calm,  when I’m laid to my rest . And the world will be better for this that one man, scorned and covered with scars, still strove, with his last ounce of courage, to reach ... the unreachable star...”  

 

Footnotes:

1 2004  AFAD Year-End Report

2 2004 AFAD Year-End Report ;  See Related Article Epoch Times  Website on April  5, 2004 (http://www.dajiyuan.com/gb/4/4/5/n50138.htm)

3 The Death of  Munir, The Cycle of  Continuing  Impunity   by Usman Hamid, the Voice,  May 2005,pp22-28. 

4 With reports from the Association of  Parents of Disappeared Persons, Kashmir  

5 Press Release SG/A/743 HR/4491 

6 Article 5, the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally-Recognized Human Rights and Fundamental Freedoms.Adopted by General Assembly resolution 53/144 of 9 December 1998.

7 Article 9 (a) the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally-Recognized Human Rights and Fundamental Freedoms. Adopted by General Assembly resolution 53/144 of 9 December 1998.

8  Draft International Convention  for the Protection of  All Persons From Enforced or  Involuntary Disappearances 22 September 2005 ; E/CN.4/2005/WG.22/WP.1/REV.3

Man of  La Mancha (1972),  music by  Mitch Leigh  and lyrics by Joe Darion

 

 

Jennifer S. Pacursa,  was a freelance research-reporter and a college instructor at a protestant school in Cagayan de Oro before joining the AFAD secretariat  in Manila, Philippines. She is an alumna of Silliman University with a Bachelor’s degree in Mass Communication and has earned her MBA at Xavier  University specializing in production and program development