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No miracles in the Forbidden City Ritual Workshop in Beijing for an Asia Pacific Regional Human Rights Arrangement

The Government of China in cooperation with the Office of the High Commissioner for Human Rights is hosting the 8th Asia Pacific Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia - Pacific Region in Beijing from 1 to 3 March 2000. The workshop will discuss National plans of action for promotion and protection of human rights, national human rights institutions, strategies for the realization of the right to development and economic, social and cultural rights, human rights education and issues relating to the World Conference Against Racism and its regional preparatory meeting.

The Asia Pacific Region is the only region without some form of a region-wide mechanism directed towards the promotion and protection of human rights. The UN Secretary General has repeatedly been requested by the General Assembly and the Commission on Human Rights to provide necessary assistance, through the High Commissioner for Human Rights, to Governments in the region for the establishment of such a regional arrangement. The Vienna Declaration and Programme of Action (VDPA) recommended that more resources be made available for the strengthening or the establishment of regional arrangements for the promotion and protection of human rights under the programmes of advisory services and technical assistance of the office of the High Commissioner for Human Rights. The Vienna Declaration encouraged States to request assistance for such purposes as regional and sub-regional workshops, seminars and information exchanges designed to strengthen regional arrangements for the promotion and protection of human rights in accordance with universal human rights standards as contained in international human rights instruments.

Since the Vienna Declaration, the moves on a Regional Arrangement for the Promotion and Protection of Human Rights in the Asian and Pacific Region gained momentum after a series of workshops in Seoul in 1994, in Kathmandu in 1996, in Amman in 1997, in Teheran in 1998 and in New Delhi in 1999. Earlier workshops were held in Manila 1990, Jakarta in 1993.

Since the first regional seminar in Colombo in 1982, there has been a greater awareness that Regional Arrangements need to be discussed. At Colombo, there was consensus amongst the governments present that there was little or any need for a regional human rights arrangement in the

Asia Pacific region. Eight years later, the issue was revisited in Manila in 1990. Governments were concerned about the derogation of national sovereignty that a regional arrangement would involve. Meeting three years later in Jakarta, Governments identified three issues that would need to be addressed if the discussion on regional arrangements was to go forward. These issues were : (1) the geographical complexity; (2) the different levels of development and the cultural diversity of the region and (3) The absence of high levels of understanding between governments that was required of an effective regional arrangement. The regional particularities amongst Asian countries came to the fore. Many were reluctant to accept the basic standards for protection and promotion of human rights contained in international human rights instruments negotiated and agreed upon by all governments.

At the Seoul meeting in 1994, four basic propositions were set out in the Chairmans concluding remarks. The Chairman remarked that development of a regional arrangement should be through a step-by-step approach. This building-block approach recognizes that there are different speeds in the region calling for an evolutionary model. The Kathmandu workshop in 1996 elaborated upon the needs of the region. The workshop discussed regional cooperation on shared problems; the inter-relationship between development; human rights and democracy; obstacles to the realization of the right to development; the question of rationalization of the existing human rights mechanisms; and the possible development of human rights arrangements on promotional activities within existing regional and sub-regional organisations where appropriate. The workshop emphasized the importance of the development of regional cooperation for strengthening of national capacities in the field of human rights, including the strengthening of national legislative capacities. But the Kathmandu workshop also excluded the NGOs from an open-ended team involving interested Governments in the region .

The principles of the Kathmandu workshop were reaffirmed at the Amman workshop in 1997. The Amman Workshop reiterated that any regional arrangement must emerge from and be directed to the needs and priorities set by Governments of the region, with roles, functional tasks, outcomes and achievements determined by consensus by Governments of the region . It endorsed the step-by- step , building-block  approach adopted at the Kathmandu workshop, recognizing that, given the cultural and religious diversity, such a process would require extensive consultation among Governments of the region.

The Amman Workshop identified ratification of international human rights instruments as crucial in the initial phase of this process. This initial phase must involve the development and strengthening of national human rights capacities for the promotion and protection of human rights. The Workshop, noting the large number of initiatives to develop national human rights institutions and national plans of action within the region, stressed the value and need to share these experiences and expertise at a regional level.

The Amman Workshop urged the Governments in the Asian and Pacific region to encourage the creation of independent national human rights institutions. The Amman workshop took the decision to create a working group comprised of representatives of Governments of the region to follow up on the Amman conclusions, in consultation with the office of the High Commissioner for Human Rights, national human rights institutions and NGOs, and design a regional cooperation programme focusing, inter alia, on strengthening the role of national human rights institutions in promoting the progressive realization of economic, social and cultural rights; realizing the right to development; developing methodologies for effective implementation of human rights education; elaborating guidelines for national action plans in the field of human rights; and developing strategies to cooperation on common shared problems. 

The Teheran workshop held its discussions on the basis of the conclusions of the Kathmandu workshop and Amman workshop and adopted the plan proposed by the United Nations Office of the High Commissioner for Human Rights for Strengthening of National Capacities for the Protection and Promotion of Human Rights in the Asia-Pacific region towards the establishment of regional arrangements . The Office of the High Commissioner for Human Rights concurred with the four key areas identified by the Governments of the region. The four key areas are (1) Establishment of a Regional Arrangement for the Promotion and Protection of Human Rights, (2) national Plans of Action for the Promotion and Protection of Human Rights, (3) Methodologies for Effective Implementation of Human Rights Education and (4) National Institutions for the Promotion and Protection of Human Rights.

Many Asia Pacific Governments find it difficult to explain as to why even incremental progress on a regional human rights arrangement in the Asia-Pacific Region has been like chasing a mirage. Each workshop provides tantalizing visions of step by step  and building bocks approach.  Yet, disappearing in thin air when an attempt to define what constitutes step by step  or building blocks is made.

Civil Society in the region is troubled with the assertion of the Amman Workshop that any regional arrangement must emerge from and be directed to the needs and priorities set by Governments of the region, with roles, functions, tasks, outcomes and achievements determined by consensus by Governments of the region. While informed human rights NGOs can have little quarrel with the second part of the assertion that any regional arrangement must arise from consensus amongst governments in the Asia-Pacific region, they rightly contest the first part of the assertion that asserts that needs and priorities and their setting are solely a governmental prerogative. Yet, the New Delhi workshop of 1999 reiterated the same principles.

The experience with NHRIs has not been encouraging. Despite the Supreme Court judgement in June 1999, the Government of Nepal is yet to constitute the National Human Rights Commission. The Government of Bangladesh which has been holding consultations since 1996 is yet to table the National Human Rights Commission Bill before Parliament. About a year ago, the Cabinet approved the Draft Bill. In the meanwhile, the Government of Bangladesh passed the draconian Public Safety Act, 2000. The National Plans of Action are yet to take off in the region. Ratification of international instruments is like waiting for Godot. Although, India signed the Convention Against Torture in 1997, there are no signs of ratification. Human rights education has little meaning when there has been little substantive debate on curriculum design and a road map for introduction in the regular educational system. This, notwithstanding, the sub-regional workshops on Human Rights Education in Seoul and Tokyo.

The Beijing workshop is one more step in an elaborate ritual. The theme of the World Conference on Racism is important. At the same time, as the 56th Session of the Commission on Human Rights approaches, the Beijing workshop will add to China's armoury during the Commission. A regional human rights arrangement is like the forbidden fruit for most Asians. Beijing will remain, what it once was, the forbidden city.

-Human Rights Features

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