This
statement was delivered by Bijaya Gautam, from Informal Sector Service
Center (INSEC), FORUM-ASIA's member in Nepal at the 15th Annual
Workshop on the Framework of Regional Cooperation for Human Rights
Promotion and Protection in the Asia-Pacific Region, in Bangkok, on 21
April 2010:

This
statement was delivered by Bijaya Gautam, from Informal Sector Service
Center (INSEC), FORUM-ASIA's member in Nepal at the 15th Annual
Workshop on the Framework of Regional Cooperation for Human Rights
Promotion and Protection in the Asia-Pacific Region, in Bangkok, on 21
April 2010:

Despite
their legal and formal commitments to the international human rights
treaties as the state parties, implementation and access to those
international mechanisms remains as the core problem of the SAARC
countries. SAARC does have its Charter; however, it does not talk about
human rights at all. SAARC Social Charter put forth by the countries
with some legal effects and allowing 'human rights' into official
discourse for the first time  incorporates  right to development
only. The Charter does not incorporate the core issues explicitly and
it has not been able to delve on the issue of protection and protection
of human rights as per the universally accepted norms of rule of law. 

In
view of the development in ASEAN, we would like to inform that
FORUM-ASIA and INSEC co-organized a workshop in Kathmandu last month to
discuss the possibility of the establishment of a sub-regional human
rights mechanism under SAARC. The outcome of the workshop, the
Kathmandu Declaration, called on SAARC member states to establish a
sub-regional human rights mechanism, including a commission, to advance
human rights promotion and protection in South Asia, including issues
that are cross-border in nature, such as regional peace and security,
migrant workers, refugees, river management, climate change. 

The
defense of human rights is also an absolute obligation of states and
cannot be subordinated to national interests and economic or political
pressure without compromising the international responsibilities of the
state. Such mechanism should have the mandate to dialogue and debate at
national, regional and international level. Moreover, such body formed
in the region should itself ensure the regular dialogue and involvement
of civil society for intensive cooperation on the work of the body on
human rights and work performance of the body. 

We are of the
view that by establishing an independent, effective and transparent
sub-regional commission on human rights in South Asia, with an explicit
mandate of monitoring, promotional and recommendatory powers, this
will:  

• Provide
  a common platform to articulate their human rights-related concerns;
  and to cooperate to address violations and collectively demonstrate its
  stand on human rights-related issues;
• Offer a means of
  improving credentials in exchanges with the outside world besides
  resolving a host of intra-regional issues that are becoming acute year
  after year;
• Assist South Asian member states in addressing human rights concerns in their respective areas of jurisdiction;
• Raise awareness in civil society and increasing cooperation among the people on a regional basis to address human right issues,
• Prove
  its significance towards the best values of human being through the
  respect and practices of the principles of human rights in the region.
• Assist
  in ensuring that the obligations of the member states of SAARC to human
  rights are implemented and guided by the international principles and
  best practices of human rights.

 
We
would also like to inform that the Kathmandu Declaration was presented
to the Prime Minister of Nepal in a meeting of the workshop delegates
with the Prime Minister. The honorable Prime Minister has responded
positively to the idea and made commitment to bring this issue for
discussion in the next SAARC Summit in Thimpul, Bhutan. 

In this
regards, we warmly welcome the statement by the Bhutanese government
yesterday recommending that SAARC follow the steps taken by ASEAN in
exploring the possibility of the establishment of a sub-regional human
rights mechanism under SAARC. We recommend the Bhutanese government, as
the host of the coming SAARC Summit on 28-29 April 2010, to help assist
the facilitation of the discussion among SAARC governments on this
issue.  

Endorsed by: 

• Asia Pacific Refugee Rights Network
• Asian Forum for Human Rights and Development
• Asian Indigenous Peoples' Pact
• Asylum Access
• Disabled Persons International Asia Pacific
• Informal Sector Service Center
• KontraS
• Oxfam International
• Working Group for an ASEAN Human Rights Mechanism
• US Committee for Refugees and Immigrants