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	30 years of action in aid of the most vulnerable people by Handicap International   Handicap International celebrates its 30th anniversary on Thursday 19th July 2012. Present at the scene of major humanitarian disasters and conflicts, Handicap International is committed to supporting disabled and vulnerable people in situations of poverty and exclusion.   Now running over 320 projects in nearly 60 countries, the organisation has evolved and transformed over the years to respond to the new humanitarian challenges posed by the rise in the number of disasters, a breakdown in security, and the worsening of extreme poverty. Our goal is to remain present during emergencies while planning our actions over the long-term.   Handicap International was founded in 1982 by two French doctors and their friends to support hundreds of thousands of Cambodian refugees. Fleeing the terror of the Khmer Rouge regime and the occupation of their country by Vietnamese troops, the refugees set up huge makeshift camps along the Thai border. Among them were 6,000 amputees, mainly victims of anti-personnel mines, lost and invisible. They were deprived of humanitarian aid specific to their needs, despite the presence of a large-scale international relief effort.   Jean-Baptiste and Marie Richardier, along with Claude and Marie-Eve Simonnot, set up the organisation to help these vulnerable people. Using the refugee’s own skills and locally-available materials, they opened 17 small-scale workshops producing prostheses within just a few months. These workshops would operate for another 13 years: as long, in fact, as refugees were present.   Jean-Baptiste Richardier, now the Executive Director of the Handicap International Federation, recalls “We owe a lot of our success to this extreme situation. The need for action was really obvious to everyone: that’s why the service we provided was seen as extremely effective.”   Handicap International’s teams have supported people affected by the worst natural and man-made disasters over the last three decades, in countries such as Cambodia, Rwanda, Sierra Leone, Haiti and many more. We specifically support people with disabilities and their families, and more generally people made vulnerable by these trying conditions and facing major difficulties on a daily basis.   Over time, the organisation has broadened the range of its activities to include meeting basic needs during emergencies, caring for injured people, providing orthopaedic-fitting and rehabilitation services, and also maternal and child welfare, supporting families dealing with HIV/AIDS and exclusion, preventing armed violence, promoting road safety, along with inclusive education, income-generating activities, training local professionals, and providing support to community organisations.   Handicap International made a major contribution to the success of the campaign to ban anti-personnel mines. From 1992, the organisation denounced the “programmed massacre and inaction of governments” and founded, with five other NGOs, the International Campaign to Ban Landmines, whilst also running mine clearance operations.   This determination led to the Mine Ban Treaty in 1997 - which has now been signed by 160 States - and the joint award of the Nobel Peace Prize to the ICBL’s founder members. These same organisations went on to found another campaign that lead to the Convention on Cluster Munitions, which entered into force in 2010 and bans another indiscriminate deadly weapon.   Over time, our organisation has transformed itself into a international organisation to meet the challenge of providing aid and support to the most vulnerable groups following conflicts and disasters; but also to combat the effects of poverty and the shortcomings of health and social systems; to intensify its prevention work focused on specific risks which are among the major causes of disability; and to lead campaigns to advance the rights of people with disabilities. Visit the related web page
	UN experts raise concerns over ‘landmark’ Southeast Asian human rights declaration by OHCHR, Forum Asia, ICJ & agencies   UN experts raise concerns over ‘landmark’ Southeast Asian human rights declaration.   The largest body of independent experts in the United Nations human rights system today highlighted their concerns about a draft for Southeast Asia’s first ever regional document on human rights protections, which the Association of Southeast Asian Nations (ASEAN) is set to consider on Sunday for adoption.   In an open letter to ASEAN member states, the experts said that adoption of a “credible” ASEAN Human Rights Declaration would represent a “significant step” by the 10-nation bloc to develop a “regional human rights system.”   The letter expresses reservations with the current draft, noting that it is “imperative” ASEAN’s landmark human rights instrument “maintains international standards” if it is to complement the work of the United Nations human rights system.   The experts’ key concerns include provisions in the draft addressing the right to life, a so-called “balance” between rights and individual duties, and conditions restricting people’s rights, according to a news release of the UN Office of the High Commissioner for Human Rights (OHCHR).   “The group of international experts stressed [ASEAN’s] need to reaffirm in their Declaration the duty of States to promote and protect all human rights and fundamental freedoms regardless of their particular political, economic and cultural systems,” OHCHR said, adding the group highlighted that 171 states had adopted this principle by consensus in the 1993 Vienna Declaration, and that ASEAN states had made a “significant contribution” to that effort in the Austrian capital.   The regional declaration is one of the key mandates of the ASEAN Intergovernmental Commission on Human Rights, which the association created in 2009, saying it was intended to “promote and protect human rights and fundamental freedom” of the 600 million people within their borders. Leaders attending the ASEAN Summit in the Cambodian capital of Phnom Penh on Sunday are to consider it for adoption.   For their part, the UN experts drafted their letter as members of the so-called Coordination Committee they created in 2005, under the Geneva-based UN Human Rights Council’s so-called Special Procedures mechanism, which mandates them to independently investigate country specific or thematic human rights issues.   The Coordination Committee effectively amplifies the experts’ individual messages by enabling them to speak as one, and also by giving them an opportunity to collectively coordinate and consult with OHCHR, and the broader UN human rights framework and civil society.   The Committee’s chair, Michel Forst, noting that the main function of regional human rights instruments was to “establish minimum standards” that countries’ domestic laws must meet, indicated that the ASEAN draft declaration might benefit from more input by stakeholders outside government, according to the OHCHR release.   “We call on all ASEAN member States to consult further with the people of the region, including civil society organizations, and to take on board their concerns and aspirations,” he said.   The call reflects an appeal last week by the UN High Commissioner for Human Rights, Navi Pillay, who asked ASEAN leaders to review their work on the draft, and indicated she believed it reflected insufficient input from civil society and other stakeholders.   Mr. Forst said the expert group was on hand to provide further advice to ASEAN in the “historic task” of finalizing the declaration, as he also detailed the group’s concerns with the current draft, the OHCHR news release indicated.   “The right to life, for example, is a fundamental right upon which all other rights depend, and any credible human rights instrument should unconditionally protect it without making it contingent on the provisions of domestic law,” Mr. Forst said.   “In relation to the right to life,” the Committee Chair added, “provisions such as ‘in accordance with national law’ could be used to shield States against scrutiny by international human rights mechanisms concerning the excessive use of force by law enforcement officers, state failure to protect people against non-state actors and the continuation of the use of the death penalty.”   On provisions in the draft declaration that seek to “balance” rights with individual duties, the experts pointed out that wording does not reflect international human rights law, said OHCHR.   “Advocating a balance between human rights and duties creates much greater scope for Governments to place arbitrary, disproportionate and unnecessary restrictions on human rights,” the letter says.   In commenting on the draft’s “legitimate restrictions” provisions on the grounds of “morality,” “public order” and “national security,” Mr. Forst said the experts were “acutely aware of the risk of these terms being used as a pretext by Governments to place arbitrary, disproportionate and unnecessary restrictions on human rights.”   “We strongly encourage the inclusion of language which makes explicit that the restrictions must be provided by law and conform to the strict tests of necessity and proportionality, and that these restrictions may not put in jeopardy the right itself or apply to rights that are non-derogable under international law,” he said, according to OHCHR.   The experts also called on ASEAN leaders to consider in their declaration the issues of statelessness, the right to seek and to enjoy asylum from persecution in other countries, and the international customary law principle of “non-refoulement,” which would guard against the return of people to countries where, for example, they might be subjected to torture.   “Again, such provisions should not be contingent on domestic laws,” said Mr. Forst.   Separately today, OHCHR reported instances of harassment of peaceful activist meetings in Cambodia ahead of the ASEAN summit, saying some discussing human rights issues had been closed down “under pressure from the authorities.”   “The High Commissioner is concerned about the actions of the Cambodian authorities,” OHCHR said in a statement.   It added that at least 60 people had been arbitrarily detained during an “operation to ‘sweep’ Phnom Penh clean of street people” prior to the arrival of heads of government. It also highlighted the arrest of “members of a community protesting their threatened eviction by writing messages on the roofs of their house,” but added that group was later released.   “The summit should be an opportunity for all parts of ASEAN to come together and peacefully share their views,” OHCHR said.   “The actions of the Cambodian Government are not concordant with Cambodia’s human rights obligations or with the values of ASEAN of peace and prosperity for all.”   http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12796&LangID=E   Nov 2012   Postpone deeply flawed ASEAN Human Rights Declaration. (Amnesty & agencies)   In a letter sent to ASEAN Heads of State, leading international human rights organizations called for the postponement of the adoption of the ASEAN Human Rights Declaration, pointing out that in its current form, the Declaration falls short of existing international human rights standards and risks creating a sub-standard level of human rights protection in the region.   Of particular concern are the General Principles in the Declaration. Under General Principles 6,7, and 8 of the current draft, enjoyment of rights is to be “balanced with the performance of duties”, subjected to “national and regional contexts” and to considerations of “different cultural, religious and historical backgrounds.” Also, all the rights in the Declaration may be restricted on a wide array of grounds including “national security” and “public morality”.   “The idea that all human rights are to be ‘balanced’ against individual responsibilities contradicts the very idea of human rights agreed upon in the 1948 Universal Declaration of Human Rights, which was affirmed by all States, including ASEAN Member States, in 1993 in the Vienna Declaration and Programme of Action,” said Wilder Tayler, Secretary General of the International Commission of Jurists.   “Balancing human rights with responsibilities turns on its head the entire raison d’être of human rights,” he further emphasized.   Furthermore, international law prohibits governments from derogating under any circumstances from a broad set of rights. Other rights can only be subject to specific, narrow, and clearly defined restrictions in certain circumstances. Finally, international law imposes on all ASEAN Member States the duty, regardless of their political, economic and cultural systems, to respect and protect all human rights and fundamental freedoms.   “It is clear that in its current form the Declaration purports to make a significant and worrying departure from existing international human rights law and standards, including those found in other regional human rights instruments, in Europe, the Americas, and Africa,” said Souhayr Belhassen, President of the International Federation for Human Rights (FIDH).   “Unless significant changes are made to the text, ASEAN will be adopting in 2012 a Human Rights Declaration that grants ASEAN Member States additional powers to violate human rights instead of providing the region’s people with additional safeguards against such violations”, said Michael Bochenek, Director of Amnesty International’s Law and Policy Programme.   November 15, 2012 (AP)   ASEAN Leaders to adopt Rights Pact despite widespread Protest, by Jim Gomez, Sopheng Cheang. (Associated Press)   Southeast Asian leaders plan to adopt a human rights declaration aimed at fighting torture and illegal arrests in a region notorious for violations, despite criticism that the pact falls far short of international standards.   Leaders of the Association of Southeast Asian Nations are scheduled to formally adopt the ASEAN Human Rights Declaration on Sunday during the group"s annual summit in Cambodia, according to diplomats and documents obtained by The Associated Press on Thursday.   ASEAN leaders would commit to promote and protect human rights, along with "democracy, rule of law and good governance" in a joint statement they would sign to launch the declaration. But provisions in the draft say rights could be limited for reasons of security, public order and morality, exceptions that were highly criticized by rights groups.   The bloc"s human rights commission, which drafted the declaration, would work for "the full realization of human dignity and the attainment of a higher quality of life for ASEAN peoples," the leaders would pledge in their statement.   Founded in 1967, ASEAN has taken feeble steps to address human rights concerns in the vast region of 600 million people, adopting a charter in 2007 where it committed to uphold international law and human rights but retained a bedrock principle of not interfering in each other"s internal affairs — a loophole that critics say helps member states commit abuses without consequence. In 2009, the group unveiled a commission that was tasked to promote human rights but deprived of power to investigate violations or go after abusers.   ASEAN diplomats have called the declaration a milestone in the region despite its imperfections, saying it will help cement democratic reforms in countries such as Myanmar, which until recently has been widely condemned for its human rights record.   Philippine diplomat Rosario Manalo, a key proponent, claims the declaration "is not perfect but is a new benchmark for ASEAN," Manalo said.   However, more than 60 international rights group urged ASEAN leaders to postpone the adoption of the declaration and have it redrafted to correct its many flaws, including the removal of provisions that could limit rights in the name of "national security" or "public morality."   Phil Robertson of New York-based Human Rights Watch said the declaration "as written, does not meet international human rights standards and may, we fear, be used by ASEAN governments to justify violating rights."   U.N. High Commissioner for Human Rights Navi Pillay earlier expressed concerns that the nonbinding declaration was drafted without adequate public consultations.   A final draft of the proposed declaration obtained by AP says "human rights and fundamental freedoms" could be limited "to meet the requirements of national security, public order, public health, public safety, public morality."   The UN High Commissioner for Human Rights highlighted that blanket restrictions in the draft that were “not part of international human rights law”.   The declaration is one of the key mandates of the ASEAN Intergovernmental Commission on Human Rights (AICHR), which the association of 10 member states created in 2009, saying it was intended to “promote and protect human rights and fundamental freedom” of the 600 million people within their borders.The High Commissioner said that “it is very important that the new ASEAN declaration complements and does not undermine international standards.”   “I urge the governments to develop a Declaration that fully conforms with international human rights standards and is framed with the participation of all key stakeholders,” she said. It is crucial that mechanisms exist for broad and meaningful consultations with civil society.”   Nov 2012   Civil society rejects adoption of flawed ASEAN Human Rights Declaration - stating it falls far below international standards. (Forum Asia)   Disregarding the deep concerns expressed by senior United Nations officials, human rights experts and hundreds of civil society and grassroots organisations at the national, regional and international levels, ASEAN leaders nonetheless adopted yesterday an “ASEAN Human Rights Declaration” that undermines, rather than affirms, international human rights law and standards. The document is a declaration of government powers disguised as a declaration of human rights.   It is deplorable that the governments of ASEAN have insisted on making a Declaration that implies that their people are less deserving of human rights than the people of Europe, Africa or the Americas. The people of ASEAN should never accept a lower level of protection of their human rights than the rest of the world.   The ASEAN Human Rights Declaration should have reflected the universally held conviction that respecting human rights necessarily means imposing limitations on the powers of government. Instead, the Declaration that was adopted, through some of its deeply flawed “General Principles”, will serve to provide ready-made justifications for human rights violations of people within the jurisdiction of ASEAN governments. These include balancing the enjoyment of fundamental rights with government-imposed duties on individuals, subjecting the realisation of human rights to regional and national contexts, and broad and all-encompassing limitations on rights in the Declaration, including rights that should never be restricted. In many of its articles, the enjoyment of rights is made subject to national laws, instead of requiring that the laws be consistent with the rights.   The Declaration fails to include several key basic rights and fundamental freedoms, including the right to freedom of association and the right to be free from enforced disappearance.   The last-minute addition made to the leaders’ statement upon adopting the declaration, reaffirming ASEAN member governments’ commitment to the Universal Declaration of Human Rights and other human rights instruments in the implementation of the ASEAN Human Rights Declaration, does little to address the fundamental problem. As long as the Declaration’s General Principles and the loopholes they provide remain, a wrong signal will be sent to governments that international human rights obligations may be circumvented.   It is highly regrettable that governments in the ASEAN who are more democratic and open to human rights succumbed to the pressure of human rights-hostile governments into adopting a deeply flawed instrument.   We again raise our objections to the ASEAN’s “consultation and consensus” decision-making system, which has failed its people again. This reveals that the ASEAN human rights agenda is dictated by its Member States with little meaningful consultation with the vast array of civil society and grassroots organizations that are working each day for the human rights of the people of the ASEAN region.   This Declaration is not worthy of its name. We therefore reject it. We will not use it in our work as groups engaged in the protection of human rights in the region. We will not invoke it in addressing ASEAN or ASEAN member states, except to condemn it as an anti-human rights instrument.   We will continue to rely on international human rights law and standards, which, unlike the ASEAN Human Rights Declaration, provide all individuals, groups and peoples in ASEAN with the freedoms and protections to which they are entitled. We remind ASEAN member states that their obligations under international law supersede any conflicting provisions in this Declaration. This Declaration should never be the basis to excuse the failure of a state to meet its international human rights obligations.   http://www.forum-asia.org/?p=15601 http://www.forum-asia.org/?p=12451 http://www.radioaustralia.net.au/international/radio/program/connect-asia/asean-rights-declaration-has-too-many-loopholes-says-advocate/1048390 http://www.hrw.org/news/2012/04/26/asean-s-road-nowhere http://www.crin.org/resources/infoDetail.asp?ID=28993&flag=news http://documents.icj.org/FINAL_ASEAN_Letter_to_AMM_with_LOGOS.pdf Visit the related web page
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