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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS

E-Newsletter
Vol.2 No.37
September 11, 2000


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Religious Perspectives on Human Rights is now available online at: http://www.rghr.net

Religious Perspectives on Human Rights is a weekly e-newsletter issued by Buddhist, Muslim, Catholic and Christian Groups on Human Rights, initiated by the Asian Human Rights Commission.

Please notify us in case your e-mail address is changed.

1)MILLENNIUM SUMMIT

The five permanent and 10 rotating council members adopted a resolution supporting an upgrade of UN capacity for planning, establishing, deploying and conducting peacekeeping operations, as well as assuring a more modern and solid foundation for financing those activities. In part, the resolution calls for effective international action to prevent illicit small arms trade into conflict areas; resolute action against the illegal exploitation and trafficking of high-value commodities that contribute to armed conflict; the prosecution of perpetrators of crimes against humanity, genocide, war crimes and other serious violations of humanitarian law; and the ongoing effort to continue sensitizing peacekeeping personnel on the prevention and control of HIV/AIDS (Hammond/Stephens, UN Wire, 7 Sep).

2) SEMINAR  HIGHLIGHTS  CASTE  DISCRIMINATION

The Asian Human Rights Commission which has been campaigning for total elimination of caste discrimination, debated strongly for the inclusion of the issue in the agenda  for the forthcoming  World Conference Against Racism, Racial Discrimination, Xenophobia, and related Intolerance,  to be held in August 2001. 

It is an attempt to bring to the attention of the international community , the continuing practice of discrimination based on work, five decades after the Constitution of India granted  equality to its citizens irrespective of caste or creed.  Many are of the opinion that the prevailing mind-set and with the member of the upper castes holding senior positions, effectively prevent the implementation of that which is provided for by the Constitution. Unless and until the international pressure is brought to bear on the country, the government particularly the upper caste, the present trend will continue perhaps assuming greater proportions and different forms.. 

After much discussion and debate the Experts present at the preparatory meeting  for the World Conference, decided to include the issue in the draft conclusions  and recommendations. 

We like to thank each and everyone of you that supported our signature campaign.

3) HRIC URGES LI PENG TO ADDRESS JUNE 4 MASSACRE, PRESENTS TIANANMEN MOTHERS' PETITION ENDORSED BY 20,000 WORLDWIDE

Upon Li Peng's visit to New York, Human Rights in China (HRIC) amplifies the basic demands of the Tiananmen Mothers, urging accountability for the June 4, 1989 massacre. The Tiananmen Mothers, a network of courageous family members who lost loved ones in the 1989 tragedy, have made repeated requests for dialogue with the Chinese government and for a proper investigation of the Beijing bloodshed. But their appeals have been met with silence and constant, escalated persecution from Chinese authorities.

"The Tiananmen Mothers have spoken. It's time that their demands are heard. It's time that Li Peng is held accountable for his role in the June 4 massacre."

"The overwhelming support shown for the Tiananmen Mothers' Petition is testimony to the strength of the global trend to end impunity. The people of the world have granted resounding affirmation of the Tiananmen Mothers' pleas: The Chinese government must acknowledge that the 1989 massacre was a crime against the Chinese people as a first step towards justice, national reconciliation, and true stability," said Xiao Qiang.

4) Policing Cambodia: A Perspective by Dr.P.J.Alexander

The efforts of the international community to re-build Cambodia are truly of enormous magnitude.  Serious attention is being bestowed on the process of building up institutions of civil government. Criminal Law legislations and Policing.  This is as it should be, in view of the special dimension of the Cambodian tragedy. The Constitution of Cambodia, enacted in 1993, articulates political freedoms and basic rights.  The Constitution places severe restraints on illegal and arbitrary exercise of power by the State and its instrumentalities like the police while pledging protection of life, honour, and dignity of all citizens, and the  presumption of innocence in favour of the accused. The Constitution is seven years old.  In the last seven years, it has not been possible to enact consequent legislations Criminal Procedure, Penal Code, Evidence Act, Police Act, Anti-corruption Laws, and/or other internal management rules and regulations.  As a result, institution building has suffered; what is suggested is that not enough has been done in time. In respect of the police in Cambodia, this lapse has more serious implications.  It has to be mentioned here that the genesis of the present system of police was unusual.  The United Nations Transitional Authority had prior to 1993 made some arrangements for policing, though in a very limited and restricted manner.  In 1993, from among the storm-troopers and supporters of  the two major political groups, man power was drawn to man the lowest to the highest rungs and a police force was thus constituted.  The personnel, at least most of them, had taken part in the internecine civil strife, as part of or along with the armed forces of the dominant political actors.  They were organised parallel to the army, with equivalent ranks and arms.  The numbers were made up on the basis of a quota system each party supplying a fixed number.  They became the corpus of the force, skipping the basic formative stages recruitment/induction and training.  They also did not have  charter of activity authorised by law.  Their powers, functions and duties remain undefined.  The Police Stations have lethal weapons AK 47, and not low calibre or smooth bore weapons to manage a civilian population exercising their right to dissent.  The investigation process is with multiple agencies judicial police, investigating judges, and prosecutors, with the presiding judge relying on  confession obtained under questionable procedures.  The courts do not lay down law, previous decisions are not precedents.  In short a durable system functioning under proper processes and procedures, has yet to evolve.

Some very significant initiatives have been taken by the UN High Commission for Human Rights, directly and through various Non-Governmental Organisations in training the police.  The programmes had their focus on Human Rights.  No doubt, these programmes aimed at  do s and don ts catalogue, did set limits to exercise of authority by the police force, at least on a broad basis.  Efforts to legislate Criminal laws and complementary legislation have also been taken up  by the International Community and various interest groups and NGOs.

The period beginning with 2001, promises to be a phase, when police training, police reforms and criminal law legislation are likely to take definitive shape.  A Consultancy  commissioned by the Asian Human Rights Commission the Danish Centre for Human Rights and the Cambodian Defenders Project has just concluded its examination of some of the basic issues in police training, and has recommended prioritisation of police training focussed on basic police functioning imperatives and to target specific groups  heirarchically placed to influence the organisation and its dynamics, and to provide sharp focus on investigation anchored on legality, fairness, and scientific techniques.  A Workshop on Reforms in Criminal Law Procedure organised by the International Law Group recently at Phnom Penh has made  significant progress in lending  coherence to the laws on criminal procedure.  Under the aegis of the Training Department, Ministry of Interior a review of Training Output was made in a 2-day Conference during July, 2000.  Various donor agencies are also gearing up to take up the challenge of accelerating inputs in critical reform areas during the period. 

As one who has been associated, with Criminal Justice Reforms in Cambodia for about two years, this author sees the next phase as a very productive period, when Cambodia will move from the present stage of tentative  grappling with police organisational issues, to a stage of bold and constructive initiatives to evolve a police system that fits well within a liberal democracy.

5) PEACE SUMMIT: Leaders Call For End To Religious Strife 

More than 1,000 of the world's religious leaders gathered the previous week at UN headquarters in New York in an unprecedented meeting to explore ways of ending religious persecution and working together for peace. The two-day conference was sponsored by an international coalition of religious and spiritual groups and concluded the previous  Tuesday.

A major goal of the gathering is to set up an "interfaith ally" to work within the UN system and to form an advisory council to the secretary-general (Channel NewsAsia, 30 Aug). In his Tuesday address to the summit, UN Secretary-General Kofi Annan told religious leaders that there is no room for religious intolerance in the new millennium. "Religion is frequently equated with light," he said.

"But we all know that the practices of religion can have its dark side too. Religious extremism has too often oppressed or
discriminated against women and minorities" (Channel NewsAsia).

6)BLOOD: HIV-Infected Blood Shipped To Asia

A World Health Organization investigation has uncovered a 20-year, multimillion-dollar racket in which HIV-tainted blood is shipped from South Africa via the United Kingdom to India and China. Austrian detectives have investigated at least two UK companies, and several blood brokers face charges for relabeling contaminated blood as fit for therapeutic use. Investigators found that blood labeled "animal plasma" avoided strict screening checks in London before being shipped to Asia, where thousands now face contamination.