Annual Report 2001-2002: Chapter 9
Human Rights and Equal Opportunity Commission Annual Report 2000-2001
In 2000-01, as in past years, the Commission participated in some bilateral international program activities, generally as part of the Australian Government’s development cooperation program developed by the Australian Agency for International Development (AusAID).
The Commission’s international program role arises due to the expertise the Commission has developed in pursuit of its domestic mandate. The Commission also holds the belief that the strengthening of human rights protection and development everywhere only ensures the enhancement of human rights activities and awareness anywhere, including Australia. In some cases regional countries wish to access this expertise in pursuit of their own human rights objectives, while in other cases the Australian Government wishes to use the expertise in pursuit of its development cooperation objectives. To respond to all requests for program activities could potentially distract the Commission from its primary, domestic mandate. It therefore participates only when a number of pre-requisites are satisfied, including that all of the Commission’s costs are met, that the program is clearly capable of achieving its goals and that it does not detract in any way from the Commission’s domestic work.
The Commission’s most substantial international program involvement is with the Human Rights Technical Cooperation Program (HRTC), which is an integral part of the annual Dialogue on Human Rights with China. HRTC undertakes each year a series of activities intended to assist China to promote and protect human rights. In 2000-01 the program included providing scholarships for Chinese officials to study human rights in Australia, conducting seminars and workshops in China on human rights subjects, providing training to Chinese judges, prosecutors, police and legal aid lawyers and assisting with the introduction of measures to protect women from family violence and to protect the rights of prisoners.
The program has an immediate impact on the formulation of administrative procedures. In the longer term the program aims to have an impact through increasing the level of knowledge of human rights concepts, with a resultant impact on the formulation of Chinese policies and practices. The program therefore seeks to work with the Chinese authorities to demonstrate the value of institutionalising the regard for human rights and to then work with those authorities to formulate and implement practical strategies to realise that value.
The Commission is also working with the Indonesian National Commission on Human Rights (Komisi Nasional Hak Asasi Manusia, commonly known as Komnas HAM). This program is intended to strengthen the capacity of Komnas HAM to fulfil its broad mandate. This is accomplished both through specific capacity building activities and by directly assisting Komnas HAM to disseminate an understanding of human rights principles amongst Indonesia officials and the general population.
In 2000-01 a series of activities ranging from training in the handling of complaints and the conduct of national inquiries through to assistance with the National Human Rights Seminar were conducted. The Commission is currently developing an activity aimed at strengthening the capacity of Komnas HAM to investigate and to partcipate in the prosecution of gross violations of human rights.
Similarily, the Commission is assisting the South African Commission on Gender Equality to build its capacity to develop general policies, to handle complaints and to conduct effective legal intervention.
In 2000-01 the Commission has also worked with Vietnamese authorities in a modest program of cooperation aimed at developing policies directed at the protection of human rights in that country.
The Commission has worked with other countries on a small scale, generally in the technical areas of human rights protection. For instance officials of the Commission have worked with the Government of Uganda to develop its capacity to conduct national human rights inquiries and with the Government of Indonesia to develop its capacity to implement ILO Convention 111 (guaranteeing equality in employment).
International Visitors to the Commission
During the reporting period the Commission was pleased to receive a number of delegations from countries including Korea, Mongolia, Uganda, China, Indonesia, Vietnam and Japan. The President, the Executive Director and senior staff made presentations to the delegations about the Commission, its structure, work and legislation. The delegations comprised of senior officials from government or the bureaucacy as well as some judical representation. All delegation members were provided with a set of materials abut the Commission and its role at both a domestic and international level.
Asia Pacific Forum of National Human Rights Institutions
The Commission’s 1996-97 Annual Report discussed the establishment of the Asia-Pacific Forum of National Human Rights Institutions (the Forum) on 10 July 1996 and previous annual reports have provided information on the role and functions of the Forum Secretariat.
Briefly, the Forum is a regional organisation comprised of national human rights institutions that comply with the minimum standards contained in the United Nations General Assembly endorsed ‘Principles Relating to the Status of National Human Rights Institutions’ (more commonly know as the Paris Principles – see General Assembly resolution 48/134 of 20 December 1998, annex). There are currently eight national human rights institutions in the region that are members of the Forum: the Human Rights Commissions from Australia, Fiji, India, Indonesia, Nepal, New Zealand, the Philippines and Sri Lanka. The recently established Commissions in Mongolia and Thailand are anticipated to become the ninth and tenth members of the Forum at its Sixth Annual Meeting in September 2001.
The work of the Forum can be categorised under three broad areas:
i. Strengthening the capacity of individual Forum members to enable them to undertake more effectively their national mandates.
ii. Assisting governments to establish their own national institutions in compliance with the minimum criteria contained in the Paris Principles.
iii. Promoting regional cooperation on human rights issues.
From its inception, the Australian Human Rights and Equal Opportunity Commission has hosted the Secretariat of the Forum. The Australian Government, through the Minister for Foreign Affairs and Trade, the Hon. Alexander Downer MP, and the Australian Agency for International Development (AusAID) has provided both political and financial support for the Forum. Additional funding is provided by a range of donors on a project-by-project basis.
During 2000-01 the Secretariat’s operations focused on four main areas of activity
i. the development and delivery of technical assistance and cooperation projects
ii. information dissemination
iii. administrative support for the Forum and its activities, and
iv. transforming the legal and managerial structure of the Forum to become an independent entity.
The main projects undertaken throughout the reporting year have included the following:
Human Rights Commission of Nepal Needs Assessment Mission
In July 2000 the Director of the Forum Secretariat participated in a joint mission with the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the United Nations Development Program to Nepal. The purpose of the mission was to work with the recently established Human Rights Commission of Nepal to develop a program of technical cooperation and to encourage donor coordination in the provision of assistance to the Commission. The mission was successful in developing a comprehensive technical assistance framework. A second visit in September 2000 by two international consultants, again representing the Forum and the United Nations, undertook further work on the details of the comprehensive program of assistance. The program is currently being implemented by a range of international donors.
Fifth Annual Meeting of the Asia-Pacific Forum of National Human Rights Institutions
In August 2000 the Forum held its Fifth Annual Meeting in New Zealand. The meeting was organised by the Forum Secretariat in collaboration with the host institution, the New Zealand Human Rights Commission. It was co-sponsored by the OHCHR and financially supported by OHCHR, the New Zealand Government, through its Ministry of Foreign Affairs and Trade, and the Australian Government, through AusAID. The meeting was attended by over 130 delegates representing all Forum members, 20 regional governments and non-governmental organizations from 24 countries. The main decisions of the meeting included:
- The admission of the Human Rights Commission of Nepal as the 8th member of the Forum
- ‘In principle’ approval for the transition of the Forum to an independent organisation with a new legal and managerial structure
- Agreement on Secretariat recommendations on a range of issues including the World Conference on Racism, the implementation of economic, social and cultural rights, child soldiers, guidelines on internally displaced people, the promotion of women’s rights, regional responses to crises affecting the work of national institutions and the appointment of the region’s representatives on the International Coordinating Committee of National Institutions.
In addition to the above, the inaugural meeting of the Forum’s Advisory Council of Jurists was held in conjunction with the Annual Meeting. The Council considered two issues – the death penalty and child pornography and the Internet – and provided Forum members with their conclusions on both issues.
Regional Systems of Human Rights Protection in Asia
In October 2000 the Director of the Forum Secretariat participated in a seminar on ‘Regional Systems of Human Rights Protection in Asia’, held in Strasbourg, France. The seminar was organised and funded by the Friedrich Naumann Stiftung, a major German donor, under the auspices of the Secretary General of the Council of Europe.
The objective of the seminar was to advocate for the development of a regional government-to-government human rights mechanism for the Asian region. The seminar was attended by approximately 40 invited participants from South Asian and South-East Asian countries. Representatives from the European, Inter-American and African regional human rights mechanisms were also in attendance.
Second Annual Meeting of Inter-American National Institutions
In November 2000 at the invitation of the organisers, the Executive Director of the Commission and the Director of the Forum Secretariat, attended the Second Annual Meeting of Inter-American National Institutions, held in Mexico City, Mexico. The purpose of the meeting was to discuss two issues – (i) the possible formation of a regional network of American national institutions based on the successful model of the Forum and (ii) the role of American national institutions in the forthcoming World Conference Against Racism.
The meeting resolved to establish an inter-American network of national institutions established in compliance with the minimum standards contained in the Paris Principles. The Mexican Commission agreed to act as the interim host institution for the Secretariat of the network.
Ninth United Nations workshop on human rights arrangements in the Asia Pacific region
In February 2001 the Forum Secretariat was invited to attend and participate in the 9th United Nations Asia Pacific Workshop on Regional Co-operation for the Promotion and Protection of Human Rights, which was held in Bangkok, Thailand. The workshop was attended by representatives from over 35 countries, international experts, United Nations agencies and non-government organisations. A major component of the meeting was an examination of two Forum activities – the regional workshop on the rights of women held in Fiji in May 2000 and the 5th annual meeting of the Forum. A representative from the Forum Secretariat gave a formal presentation on both of these issues. At the conclusion of the meeting regional governments agreed on a framework document for the provision of technical assistance to encourage and promote regional human rights arrangements. The framework document explicitly recognises the role of Forum and provides funds for the establishment and strengthening of national institutions.
Regional Preparatory Meeting for Asia for the World Conference Against Racism
In February 2001 the Forum participated in an inter-governmental regional preparatory meeting for Asia for the United Nations World Conference Against Racism, which was held in Tehran, Iran. The Forum was represented at the meeting by an officer of the Australian Human Rights and Equal Opportunity Commission.
Commonwealth Best Practice Principles for National Institutions
In March 2001 the Director of the Forum Secretariat was invited by the Commonwealth Secretariat to participate in an Expert Group to develop ‘Best Practice Principles for National Institutions in the Commonwealth’. Representatives from a select range of Commonwealth national institutions and the United Nations were in attendance.
57th session of the United Nations Commission on Human Rights
In April 2001, the Director of the Forum Secretariat participated in the 57th session of the United Nations Commission on Human Rights, the pre-eminent international human rights forum. Items of business of particular importance to the work of the Forum were resolutions relating to national human rights institutions and regional human rights arrangements in the Asia Pacific. A formal statement was presented to the United Nations Commission on the work of the Forum, the role of national institutions in United Nations meetings and the importance of the Paris Principles. In addition, meetings were held with representatives of the United Nations, including the High Commissioner for Human Rights, Mrs Mary Robinson, concerning United Nations activities in relation to national institutions.
United Nations Regional Workshop on Globalisation
In May 2001 the Forum was invited to attend and make a formal presentation to a United Nations Regional Workshop on Globalisation which was held in Malaysia. The Forum was represented at the meeting by an officer from the New Zealand Human Rights Commission and a representative of the Secretariat.
Video Documentary
The Forum is making a video documentary on the role and functions of national institutions in the Asia Pacific region. During the year a film crew undertook filming in Fiji, Indonesia and India. Issues examined included the role of national institutions in promoting women’s rights, combating human rights violations in Aceh and eliminating child labour. It is anticipated that the documentary will be completed in the second half of 2001.
Transition Process
At the 5th annual meeting of the Forum held in New Zealand in 2000, Forum members provided in principle support for the Forum to proceed to incorporation as an independent entity. Since that meeting a working group of the Forum, comprised of representatives of the host institution (the Australian Human Rights and Equal Opportunity Commission), the OHCHR, the Forum Secretariat and the Regional Coordinator of the Forum (the New Zealand Human Rights Commission), have been meeting on a regular basis to work though the various organisational, administrative and financial issues required to enable the smooth transition of the Forum to a new legal structure.
The deliberations of the working group have been guided by the Paris Principles; the vision and mission of the Forum; and to a commitment to ensure the full participation of all Forum members. Matters discussed have included the future structure of an independent Forum, ensuring the Forum has adequate funds to operate effectively, and, the future constitutional basis of the Forum. During the reporting period the working group developed a strategic plan, a fundraising plan, a business plan and a draft constitution. This process has been generously supported by AusAID. Forum members will consider the transition process at the 6th annual meeting of the Forum which will be held in September 2001.
