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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS

E-Newsletter
Vol.3 No.50
December 10, 2001


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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.

WE WISH TO INVITE ALL OUR READERS TO LIGHT A CANDLE OR A LAMP TO PROCLAIM AND CELEBRATE THE COMMON HUMANITY THAT WE SHARE, TO REDEDICATE OURSELVES FOR THE PROMOTION AND THE DEFENSE OF THE RIGHTS OF ALL ON 10TH DECEMBER, THE INTERNATIONAL HUMAN RIGHTS DAY

1) AHRC HUMAN RIGHTS DAY MESSAGE
2) AUSTRALIA: CONCERN EXPRESSED AT DETENTION CONDITIONS
3) REJECT THE PREVENTION OF TERRORISM ORDINANCE (POTO) - INDIA
4) NEWS IN BRIEF
5) In a lighter vein;

Please note that 16th December is INTERNATIONAL MIGRANTS' DAY

1)A Few Excerpts from the AHRC Human Rights Day Message. The complete text can be sent on request or accessed from www.ahrchk.net. the editor

REFORM PROSECUTION SYSTEMS
in Asian Countries to Enable Human Rights!


The Uprooting of Law Enforcement Practices, Mechanisms and Agencies
and the Future of Human Rights in Asia

Human Rights Day on December 10 is always a day to reflect on the state of human rights in Asia. Human Rights Day 2001 is no exception to this opportunity. In the past year, the most positive development related to human rights in the region has been that more and more people are becoming aware of their rights and are taking an active role in promoting and protecting them. This is especially true of the Dalits and other low caste people in South Asia, for one of the most significant indications of progress in the Asian human rights movement in the past year was their assertion of their rights, particularly at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) held in Durban, South Africa, from August 31 to September 7. The internationalisation of this campaign was a tremendous success in spite of the extraordinarily negative pressure exercised by the Indian government, a reaction that was supported by the world’s big powers. Other sections of society in Asia which have experienced the negation of their rights throughout history ?women, children and indigenous peoples ?have also boldly stood up for their rights in the past year in a significant way.

However, in spite of these accomplishments, human rights in Asia continued to be undermined by those who wield political and economic power in the region. This report will seek to highlight some of the major trends and developments that the Asian Human Rights Commission (AHRC) has observed.

1. Fundamental Flaws in Criminal Justice Systems

If any progress is to be made in the human rights field, there needs to be improvement in the policing, prosecution and judicial systems. The human rights movement needs to give priority to the study of needed reforms in great detail and to educate the public on these matters.

2. The Issue of Equality

In the modern context, the main difference in the conceptual framework of a democracy, as compared to various types of Asian regimes, is that these regimes do not accept equality as the fundamental basis of their societies

3. Torture as the Central Human Rights Abuse in Asia

In Asia, torture is still endemic, a reality which affects all other rights. The freedom needed to develop an understanding of rights and the people’s will to assert their rights are retarded by their consciousness of the widespread nature of torture. Torture is the reason vast masses of people in Asia are silent about the deep injustices they suffer. Torture is what keeps inequality alive.

4. Crimes Against Humanity

AHRC recalls the World War II atrocities committed by Japan in many Asian countries, especially in China. The notion that this historical reality ought to be forgotten is simply unacceptable and inhuman. These were not normal crimes but horrendous crimes against humanity of an unimaginable scale, committed in violation of all international laws protecting human life and dignity.

6. National Security Laws
National Security Laws have been imposed in the severest forms in many countries of Asia. Sometimes these have taken the form of martial law, states of emergency and the state of imposition of the national/public security laws. In some countries, such laws are a permanent part of the legal framework. Under these laws, the normal constitutional and other provisions are suspended. The courts of these countries are deprived of the possibility of intervening in the protection of rights of people. The legal mechanisms undergo a tremendous transformation due to long term use of such restrictions as imposed by these laws.

7. TERRORISM IS NOT THE ONLY ISSUE IN ASIA
To combat terrorism ?rather than fight the violence of terrorism with further state-initiated violence ?the world must first of all address people’s poverty and ensure that functioning institutions of justice are in place. There must also be recognition and respect for people’s human rights—their social and economic rights as well as their civil and political rights. Without providing hope in the form of alleviating poverty and offering a forum for grievances to be fairly decided, terrorism will be seen as an answer to despair.
Asian Human Rights Commission
10th December, 2001

2) AUSTRALIA: CONCERN EXPRESSED AT DETENTION CONDITIONS
As Australia concentrates on keeping asylum seekers off its shores, those already there remain locked in bleak detention centres. Describing conditions in Woomera detention centre in southern Australia, The Age newspaper (24 November) claimed attempted suicide was common among the inmates. JRS Australia cited ongoing concerns among pastoral care workers, legal representatives and medical personnel about the outcome for those in detention.
"The high incidence of depression, anxiety and despair among inmates and the failure to deal with these symptoms makes later settling in the Australian, or any other, community, very difficult," said JRS. "There is particular concern for the 94 unaccompanied children in detention (as at August this year)."


3) REJECT THE PREVENTION OF TERRORISM ORDINANCE (POTO) - INDIA
23 November 2001- Courtesy HOTLINE ASIA ,URGENT APPEALS
The government of India is on the verge of enacting legislation that will reinstate a modified version of the Terrorists and Disruptive Activities (Prevention) Act (TADA) of 1985. According to human rights activists in India, tens of thousands of politically motivated detentions, torture, and other human rights violations took place under the TADA. In the face of extensive opposition to the Act, the Indian government of that time acknowledged these abuses and consequently let the TADA lapse in 1995.However, citing "national security" concerns while relations with Pakistan deteriorate, violence increases in Kashmir, as well as the events of 11 September 2001, the government of India has justified the need to launch yet another "salvo" in its own "strike against terror." Promulgated six years after the TADA lapsed in 1995, the Prevention of Terrorism Ordinance (POTO) is expected to come up for debate in Parliament during its winter session on 7 December 2001.
The POTO can be used by the state to silence peaceful political dissent and to target minorities. The dismal history of national security legislation in India attests to the likelihood of such abuse.

4) NEWS IN BRIEF
A) INDONESIA: GOVERNMENT CONFIRMS CUT OFF DATE
The Government of Indonesia (GOI) will cease offering assistance to refugees from East Timor on 31 December this year. The GOI will provide a repatriation allowance amounting to 750,000 rupiahs (72.5USD) per family, and a pre-Christmas repatriation bonus of 250,000 rupiahs (24USD) per family is being sought. JRS

B) WEST PAPUA: In a letter to Komnas Ham- National Human Rights Commission the Religious Leaders rejected the Monitoring Team appointed by them to investigate the abductions and murders as the request for an Independent Investigation Team has not been met.

C) BHOPAL: 3 December was be the 17th anniversary of the worst industrial accident in history, the Union Carbide poison gas release that killed 20 thousand people. The factory was abandoned and is still poisoning the local ground water even after Union Carbide was merged with Dow Chemical. Courtesy Greenpeace Activist

D) Christian Conference of Asia writes to the President of Indonesia expressing concern over the new development in Central Sulawesi where reliable reports have indicated that the Laskar Jihad is harassing non-Muslims to the extent of burning their houses and killing them, apparently without being controlled by the police or military.
" We seek your urgent intervention to ensure that all of the citizens of Indonesia can live peacefully, regardless of their religion, thus upholding the internationally well-known history of religious tolerance and respect in Indonesia. We hope for all this so that all Indonesians may celebrate Idul-Fitri, Christmas and the New Year in joyful harmony and unity."

5) In a lighter vein;

Experts Simple Simon Politician
"Terrorists may destroy Let us destroy Great! Then we can
our civilized way of our way of life take the credit.
life. What should ourselves before
we do?' they do.