The Need for Inter-Governmental Human Rights Mechanism in South Asia

The speakers and experts, Expressed grave concerns that widespread and systematic human rights violations, inter-state and intra-state conflicts continue to plague the region and hinder the enjoyment of peace, justice, democracy and a better quality of life by the peoples in the region.

Subodh Raj Pyakurel, Chairperson, Asian Forum for Human Rights & Development (FORUM-ASIA) Bangkok and Surya Deuja, South Asia Program Manager, Forum-Asia, spoke at the seminar on “The Need for Inter-Governmental Human Rights Mechanism in South Asia” organized by Sustainable Development Policy Institute (SDPI) organized this seminar here on Monday. While Mome Saleem from Sustainable Development Policy Institute (SDPI) moderate the proceeding.



Subodh said that SAARC countries continue to affirm the universal principles and values of human rights in a number of international instruments and in SAARC summit declarations and are obliged to respect those principles, including the right to health, education, food, water, development, and to be free from trafficking with specific reference to women, children, youth, and migrant workers. He said that recognizing the need for SAARC to adopt a rights-based and gender-sensitive approach to the elimination of all forms of discrimination, including religious intolerance. He stressed that SAARC must address pressing multilateral issues that includes hunger, unemployment, and violence against women and children including the issue of Climate Change and its impact on the sub region.

Subodh stated that ASEAN Member States are leading the way with a ground breaking initiative to create an ASEAN human rights body which could inspire the SAARC countries to take initiatives for the inter-governmental human rights mechanism for the protection and promotion of human rights of South Asian people. He also shared some of the positive development in the SAARC at the 16th SAARC Summit held in Bhutan during inaugural session for SAARC to consider establishing a regional human rights mechanism which could help states promote and protect rights and freedoms in their jurisdiction. He also shared the coordination and collaborative approach of FORUM-ASIA with the regional organizations and coalitions of South Asia including the “People’s SAARC process.

Mr. Surya made a presentation on ‘Establishing a Robust Regional Human Rights Mechanism in South Asia’ highlighting the status of human rights situation, SAARC instruments and initiatives for a regional mechanism by civil society organizations and human rights defenders. He mentioned that the regional mechanism would be helpful in situations when domestic institutions fail to uphold the law, or when they themselves are the violators of the law, it may be possible or necessary to seek redress beyond national boundaries. Discussing about the experiences from the existing regional human rights mechanism, Mr. Surya mentioned that regional legal frameworks give violated rights-holders the possibility of bringing their case in front of a regional body, providing that the country in question is part of this framework, and providing that all national remedies have either been exhausted or deemed inefficient. Considering the particular geographical, social and cultural context, the regional mechanism can be more effective than other international mechanism, he added. He gave an overview of the existing regional mechanism at Europe, America , African and new sub-regional human rights body in ASEAN countries.

He mentioned that ASEAN Charter based human rights body is an Inter-governmental as integral part of ASEAN which is consultative in nature and lacks protection mandate. There are 10 members from ASEAN countries for 3 years; the chair of AICHR is the chair of ASEAN.

Surya described about some of the initiatives from FORUM-ASIA, “People’s SAARC” and other regional organizations and civil society organizations of South Asian countries. He pointed out that there is great potentiality of the robust human rights mechanism in South Asia if the vibrant civil society works together for the consolidated efforts for the establishment of regional mechanism in South Asia . He stressed that such mechanism can further help strengthen the protection and enjoyment of human rights by addressing pertinent human rights issues such as minorities, human trafficking and migrant workers, and right to development.