[p2p-research] Long Range Acoustic Device to disrupt labor rally in Thailand

Thu Sep 17 08:13:46 CEST 2009

 THAILAND - Labour union leaders face dismissal and arrest

A large number of the 1,959 workers dismissed by the Body Fashion Thailand
Limited, a subsidiary of Triumph International, and their supporters
protested at the Parliament in Bangkok on 27 August 2009.

Video testimonies documented by protestors showed that police used Long
Range Acoustic Device (LRAD) to disperse the rally (Please click here to see
the video on YouTube)<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsWb1V-NDs09gL-LaLlCVeC2t4HW1GEyjMuANhfYx-Vvw8PGEXZUnjIItyj77rML0JTqyH_DxvyQ61AdgazQykIldU4UQ9ygT8RsapqYNO3zpKxlVcSl-ZLai3BvsFvv2wWt2cryh_d5Pw==>.

The following day, Dusit Police Bureau issued a warrant for the arrest of
three leaders of the Triumph International Labour (Thailand) Union, namely
Sunthorn Boonyod, Boonrod Saiwong and Jitra Kotchadej. They were charged
under Criminal Law Codes 215-216 for organizing assemblies of 10 persons or
more, inciting unrest in the city, and refusing to end their disruptive
protest actions at the request of the police.

The company cited "the need to downsize and restructure to deal with extreme
market conditions" as the basis for its decision. However, the company
financial reports revealed no financial losses, nor any foreseeable crisis.
According to Saiwong, most of the dismissed workers come from vulnerable
groups such as the elderly, pregnant and disabled workers.

In a statement issued on 3 July, the union said that the dismissal of
workers accounts for 50 percent of the workforce in the Bangphli factory,
where most of them were  union members. Out of a total of 19 union committee
members, 13 have been dismissed. The union strongly expressed their belief
that the dismissals were an attempt at union busting, so that the factory
could be relocated for cheaper labour by disposing older workers who have
served in the company for a long time.

Since the Triumph International Code of Conduct emphasizes its respect of
the Universal Declaration on Human Rights (UDHR), the UN Global Compact and
the International Labour Organisation (ILO) Conventions, the union demanded
that the company be mindful of principle 3 of the ILO Declaration on
Fundamental Principles and Rights at Work (1998) which states
that "businesses should uphold the freedom of association and the effective
recognition of the right to collective bargaining".

The Triumph International Labour Union said the Thai government policy
outlines a protection plan for workers dismissed by foreign companies. To
dismiss workers, a financial report must be submitted to the government
stating the number of employees being let go. At this point, the government
is to use tax funds to subsidize the company to keep the employees hired
while simultaneously hunting for new job markets for the company. Following
a one to two year period, the government is to return to investigate if the
dismissals are still necessary. This grace period is a necessity for those
workers and their families to acclimatize to the situation and consequences
of unemployment. Furthermore, if this policy is being violated by the
company, it is the obligation of the government to investigate and penalise
the company for the breach of policy.

According to the union, the company has enforced a policy stating that the
remaining workers within the factory cannot have any contact with the
dismissed workers who are stationed outside of the factory in protest. The
company has threatened to dismiss any of the remaining workers who violate
this policy. Additionally, the company has stationed up to 50 military
personnel to stay in the employee shuttle pickup area to stop angry
dismissed workers from boarding the shuttle. Moreover, after axing 50
percent of the workers, the original working hours of 8 a.m. to 4 p.m. were
changed to 7 a.m. to 4 p.m. without any prior consultation with the labor
union. The company has threatened to deploy military personnel to the
factory to deal with the workers who refuse to follow the new working hours.

A Triumph bra averages at 2,000 baht (about 59 USD) while a worker's daily
wage averages at 255 baht (about 7.5 USD). To the workers slaving away at
the Triumph factories, this bra is an unattainable luxury. Yet, these
workers do not feel disdain or resentment towards their work, but rather
they astound us with their pride and satisfaction towards their finished
products and the work they have been loyal to for the past 20 to 30 years.

---------- Forwarded message ----------
From: FORUM-ASIA Secretariat <editor at forum-asia.org>
Date: Thu, Sep 17, 2009 at 1:02 PM
Subject: FORUM-ASIA Fortnightly E-newsletter No.97
To: michelsub2004 at gmail.com

You're receiving this email because of your relationship with the Asian
Forum for Human Rights and Development (FORUM-ASIA). Please
confirm<http://visitor.constantcontact.com/c.jsp?t=1102693460284.4623.10728147.2&m=1101242677545&wl=F>your
continued interest in receiving email from us.

You may unsubscribe<http://visitor.constantcontact.com/d.jsp?v=001eGoVMtmIZbveWjUCv-g2tW3cNaM6yEvv3yrQyOjRPSBdrgg4-d8aoVyQw2dkM_r-dwHlYG82EuvGu40UaqaqPA%3D%3D&p=un>if
you no longer wish to receive our emails.

[image: EN banner]
17 September 2009 - Issue 97
    FORUM-ASIA continues to bring you the latest news and developments from
the human rights front throughout Asia.
 [image: Join Our Mailing List!]
<http://visitor.constantcontact.com/email.jsp?m=1101242677545>
<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsXoLjS7wXxup2Sti-E7i2p4eQsYV-nrOJm35B8cZv7vVhlGaLNIWiZczSLPACJff5rHaZOX78FUdMXrZ5MNplshApBWmR2tR7zNJMT66rxC8dd0yitmljWT>

 The views expressed in this publication may not necessarily reflect the
position of FORUM-ASIA.
  *In This Issue*  THIS WEEK'S HIGHLIGHT <#123c6985f126c559_LETTER.BLOCK7> UN
Human Rights Council: 12th session begins
<#123c6985f126c559_LETTER.BLOCK9> ASEAN
human rights body: Malaysian civil society presents recommendations on the
national process <#123c6985f126c559_LETTER.BLOCK32> COUNTRY
HIGHLIGHT<#123c6985f126c559_LETTER.BLOCK10> BANGLADESH
- Government objects Odhikar's human rights programme without
reason<#123c6985f126c559_LETTER.BLOCK11> CAMBODIA
- Government shows no detail of law to control
NGOs<#123c6985f126c559_LETTER.BLOCK31> CHINA
- Forbidden: Truth behind Sichuan Earthquake
tragedy<#123c6985f126c559_LETTER.BLOCK12> INDONESIA
- Five years pass: KontraS cries for justice for
Munir<#123c6985f126c559_LETTER.BLOCK13> JAPAN
- The Ainu to establish a national
network<#123c6985f126c559_LETTER.BLOCK27> MALAYSIA
- Filipino anti-trafficking attache tortured and
killed<#123c6985f126c559_LETTER.BLOCK15> SINGAPORE
- Civil society meets Indonesian government officials on migrant domestic
workers issue <#123c6985f126c559_LETTER.BLOCK17> THAILAND - Labour union
leaders face dismissal and arrest <#123c6985f126c559_LETTER.BLOCK30> VIETNAM
- Bloggers and writers arrested: where's freedom of
expression?<#123c6985f126c559_LETTER.BLOCK25>
ANNOUNCEMENT <#123c6985f126c559_LETTER.BLOCK18> OHCHR to post notices on
Twitter <#123c6985f126c559_LETTER.BLOCK19> Third Biennial Conference of the
World Forum for Democratization in Asia (South Korea; 16-18
September)<#123c6985f126c559_LETTER.BLOCK20> 2nd
Asia Pacific Consultation on Refugee Rights (7-8 October,
Bangkok)<#123c6985f126c559_LETTER.BLOCK21> International
Symposium on Freedom of Expression in Cyberspace in East Asia (13-15
October, Seoul) <#123c6985f126c559_LETTER.BLOCK22> Photo contest for 30th
Anniversary of CEDAW (Submission by 15
October)<#123c6985f126c559_LETTER.BLOCK23> ASEAN
Peoples' Forum to be held in October! (18-20 October, Cha-am,
Thailand)<#123c6985f126c559_LETTER.BLOCK24> 3rd
Global Forum on Migration and Development: online dialogue is now
open<#123c6985f126c559_LETTER.BLOCK33>      THIS
WEEK'S HIGHLIGHT
 UN Human Rights Council: 12th session begins

Twelfth session of the Human Rights Council started on 14 September 2009 in
Geneva, Switzerland. FORUM-ASIA and its members will address the human
rights situations of concern, and monitor and intervene in draft
resolutions as well as other government initiatives.

The session will end on 2 October. Updates on the session will be posted on
FORUM-ASIA website. To follow the session through the website of the Office
of the High Commissioner for Human Rights, please click
here<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsU_MP-sVhXNriNqnIAccgFBqS76Si39TWasZBkrUYabv8wFbGWm6xMAkRey0Lbf2J-Fx5zKCxNb4-YcUB7KAZKDfqqUoy0sXJqXCWTS5vNrAlL9cJWoEj-tEwQTBy39hgTEk8MGmJFmUJpCWlRJbhYfpqeXZcsqVYA=>.

 ASEAN human rights body: Malaysian civil society presents recommendations
on the national process

Malaysian civil society presented detailed recommendations about the
national process of selecting the representatives of the ASEAN
Intergovernmental Commission on Human Rights. The letter was sent to the
Malaysian Prime Minister on 9 September, 2009.

The Malaysian civil society organisations welcome the announcement that
ASEAN leaders will issue a political declaration for the ASEAN
Intergovernmental Commission on Human Rights (AICHR). Suara Rakyat Malaysia
(SUARAM) on behalf of Malaysian Civil Society Organisations (CSOs) and as
Malaysian focal point for 70 organizations under the coalition of the
Solidarity for Asian People's Advocacy Task Force on ASEAN and Human Rights
(SAPATF-AHR) is however, concerned with the national selection process of
the representative to be sitting in the AICHR.

SUARAM believes that independent, impartial, professional representative
with high integrity, recognized competence in the field of human rights, and
elected and/or appointed in a transparent, participatory and inclusive
process of consultation input from all stakeholders is necessary to ensure
the effectiveness and credibility of the AICHR (hereafter the "Commission")
to fulfill its mandate as the overarching body tasked with the promotion and
protection of human rights in ASEAN.

We therefore strongly urge Malaysia's government to nominate, select, and
elect or appoint a
member to the AICHR in accordance with the following recommendations:

Please click here to read the complete letter
(pdf).<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsUYCU8iWNBA6fVb-kLSe5gIm2RU_IzRSyg0H8ol0Sgvd_BwnkOhXhoiJT8n3hEuuxMiwwGoHgy_YWpO_Oe8PzI6t5XHs5CJg5pIfchQusMNFrYPafSr0XTQcWXHVyfGFk8gHfQG7UXBorE3Zpl8vEi1l9wglJ3A7ibZbAvIMGshi9kw0asYyFrXyjKYGIpBFdIcZYwv9Rm6GQo-RXJpc6Uw>

---
Also related:
2 September Suaram, Letter to the Malaysia's representative for the High
Level Panel on further engagement with civil society
organisations<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsX4wynBbpTDZ7HPKAf-0-EnZEq9EmzWlYqnEExyc5NPQlD-WvhM5qPUTOKoSAklAr8Mw8kLEsAugh3Djr_i6F-3jD3kORvBDlv9OO4ijMMIHgw6UIyGk51N9afPq4m_hXyKLLlWqxZBJr_o1Ut96i5zN-T4AHT8qou41c6dH4N5ZJao_kZAPcGgvjpxVK9SK4w=>
 COUNTRY HIGHLIGHT

  BANGLADESH - Government objects Odhikar's human rights programme without
reason

[image: FA member organisation in Bangladesh Odhikar logo]Once approved, now
rejected: the Bangladesh government objected a human rights programme by
FORUM-ASIA member Odhikar, after approving it four months earlier. The
objection letter by the NGO Affairs Bureau reached Odhikar's office on 31
August 2009, and it gave no reason for the decision.

Ten civil society organisations including FORUM-ASIA expressed their "deep
concerns" over the matter, addressing to the Prime Minister of Bangladesh (To
download, please click here
[pdf])<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsW6lKgqVONs5brwiUJQVHq_K4iPKkTTpguCkv1ilqkOYgiE52YUTxOnhuHMv6wh0N2wZhQL5IGLlBJ0eNrjdEuok_O4zEB3og0pl8ZiFMCHvQq7LQ7QSlytHv_y3M69Gt90XDL9dvMj6oOz6FZJaOKmzAt9GjVAaBC-EO4_UdU0J8zOdBwKoeIKZYb_7xVHzFlz-Za7pDHYf-_AcGIaZpA52Iuwo_Y84YU=>.
Ain o Salish Kendra (ASK), also a FORUM-ASIA member in the country, issued a
statement saying that knowing the reason is the right of the project holders
and general public's (To download, please click here
[jpg])<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsWyWp9Zvl_87UdjtsKuNK7bDjXla9Tv103TtK8y2_gjbjZYqhuXGpQNF1qJjq5KWZ9kgJinfIThlc2iRybcvo6jSvWULHTwxYtTBfkucLO023R5bOJHvZewZeUDYScyeHhMt4IsotoA_ofHhvhi4fYlrRPY8jhgvagiVouoQl32af5BIRDpb7Ig2Sbq38Ugnnc=>.

The project proposal "Human Rights Defenders Training and Advocacy Programme
in Bangladesh" was approved by the Ministry of Home Affairs and Ministry of
Law, Justice and Parliamentary Affairs by the NGO Affairs Bureau in April
this year. Odhikar originally submitted the proposal in November last year.

The programme aimed to empower human rights defenders in the country to
conduct advocacy on the ratification and implementation of the Optional
Protocol on the Convention Against Torture (OPCAT). It was to be founded by
the Rehabilitation and Research Centre for Torture Victims in Denmark, as
part of a project by the European Union.

In the 14 years of Odhikar's activities in this work, this is the first time
that a project has been cancelled after approval.
 CAMBODIA - Government shows no detail of law to control NGOs

In September 2008, the Cambodian government announced its intention to
prioritise the Associations and NGO Law, without any disclosure of its
objectives. The government has been silent, despite statements by civil
society for dialogue and transparency. Below is the statement on 1 September
2009 by more than 200 civil society organisations in the country.

We note that the NGO sector in Cambodia has positively contributed to
reconstruction and social development and continues nation building through
the processes of participatory democracy, service delivery in all sectors,
capacity building both within government arenas and civil society and
through launching humanitarian responses in areas of need. This development
work has been positively viewed by civil society, government and donor
partners.

Civil society organizations are already registered with the government and
have worked towards the establishment of the NGO Code of Ethical Principles
and Minimum Standards and the NGO Voluntary Certification System. The NGO
Code and certification system gained recognition both nationally and
internationally for its role in strengthening civil society in Cambodia.

The Council for Development of Cambodia has noted how governance tools, such
as the NGO Code, can play an important role in improving the efficiency and
effectiveness of NGO practices, hence furthering the aid effectiveness
agenda. In addition, the Code was held up as a role model for improving
development practices by the Advisory Group on Civil Society and Aid
Effectiveness at the High Level Forum in Accra (Ghana).

Given the above we believe that the current registration processes are
adequate to ensure regulation and more importantly are seen as supportive of
an "enabling" environment for civil society to exercise its right to engage
in participatory democracy.

International and National NGOs have legitimate concerns as to how this law
may be interpreted and implemented. This concern focuses on the fact that
the legitimacy of civil society to create space for the "voice" of affected
communities is being called into question by the government.

Multiple statements by government officials claim that NGOs are guilty of
"incitement" of communities - a claim raised especially when there are land
disputes and affected communities become vocal. NGOs are also berated for
being part of the "opposition" when they raise concerns about policy,
process or practice by government. In this context the introduction of an
NGO law, without adequate consultation and debate, is of grave concern.

To read the complete statement, please click here
(pdf).<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsULtPLOYSlJ0iQJoDSzrcwCzS67YdjqueBmi04iypYktXPhO09wlyiF58XwYIqwW0lI2C-50dbVw_MIiGgwyrH6rLEUyuV1LCzqbx5NH_H_Av2YzmtuuhqidClnWzI5Yz5zr6hKZ_yYgghtuoHvUyOoNg9DoZUC-dsS6n6_sw7FZcj4TrIQSFbKWyHP5b_46lzs0w940eYU9A==>
 CHINA - Forbidden: Truth behind Sichuan Earthquake tragedy

Activists remain detained for investigating the Sichuan Earthquake in China.
Trials and hearings took place recently for the activists, who reported the
damages to foreign journalists and helped the victims, but there has been no
verdict until today.

According to the Chinese Human Rights Defenders, the trial for Tan Zuoren,
an activist based in Chungdu, Sichuan Province, was held on 5 August 2009. The
trial was closed to the
public<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsWTElxtcUNgyrEfWtLpt67yANsuRR1LTTY5PszvUuSW2lJOL0WUZtCgujoH88XG1MekC8AIp-nh9LFir9etOyX95CB_NRagEUmV85r2Hj4cVlDOId6dmAyZW3CHb13UmXDO6XOHi7uzF-B-PmZo1SEva0WJF8_AJjdhNWcoMg5X2j6R8Dx3oiPBl-jGkNrj2qA=>andthree
witnesses were stopped from appearing in court by the local
police<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsVbkmM--cRbVlTHFQOgsqIpJd39ehLcR9NqBTNql1IU2ndpih6iwSPpKZL5eWC2XhDP6mRnDqiGoha8_6tC1x5egltNIvITOeywuNBYcyawAi6hGvBVL6Dwyu3ERDeSSqGqpinFqUYSgiYdnCkVtDNBEAFE-8x1dFI9ueUB4TmZi2DxBE8gsz2y>.
The trial ended without a court decision.

The activist Tan Zuoren was detained in March by police for "inciting
subversion of state power". He published a number of critical commentaries
online about the government's work after the earthquake. He also encouraged
people to conduct independent investigation on the collapsed school
buildings.

Huang Qi, a Chengdu-based activist and director of Tianwang Human Rights
Center<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsXPaOw1axi0bMBaMNryBSuZwSPhPLJ3XyMrCZIfEKrblCxW1yBFqZ-3NvBZuqZbbTSaGZybV72bgEROxwzXkYWFpBKgiLCnyYPtZzGClbtuH3Odk5zJ72YC>,
has been detained since 10 June 2008 for "illegal possession of state
secrets". A closed hearing was held on 5 August 2009 and the court said the
verdict will be pronounced later.

He had given interviews to foreign journalists about protests by families of
schoolchildren who died in the earthquake. A few days before his detention,
Huang met some of the families who wanted to sue officials allegedly
responsible for the substandard school buildings that killed their children.

Zeng Hongling<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsVgaMN0dsnAXdnVXPYW-UuHuSG5PCr_Mdu_6S6AgTL_zNMhlcUee0gNc1xnZdZ3JDxgnmvxuEe1LLdFxzVOYLu9Q9Elb4vvrkV5dIv0k4g3__LiW0W-Yn4Xb9JgMptQi_NplFQQ0KmaQTcZRTUNEQukWAz1DDZaWDSjmHccuhZyOJcAsIBW0mSG>,
a survivor of the earthquake and a retired worker at Mianyang Xinan
University, remains to be detained since June 2008. He had posted questioned
the government through articles online about the earthquake.

Although the Chinese government had pledged to investigate the deaths of
students and substandard construction, no report has been published.
According to them, the victims died as a result of the magnitude of the
natural disaster. The government has actively prevented individuals from
performing independent investigations and suppressed people to take legal
action by using methods of intimidation and arbitrary detention.

China has signed the International Covenant on Civil and Political Rights,
which guarantees the right to information. The Regulations of the People's
Republic of China on Open Government Information also provides for Chinese
citizens to access to government information that "involves the vital
interests of citizens".

Sichuan Province in western China was hit by 7.9-magnitude earthquake on 12
May 2008. About 70,000 people were killed, leaving over 18,000 missing.

---
Also related:
CHINA - Mysteries remain as government obstructs investigation on Sichuan
Earthquake<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsXOrdoSC64BFAMdNxggNk4gJA1P1sM8XmEGSFBBRp6ya38YylXacpoZXlJfMrOzX-g5RWnEVF9QVwPBIM2mWq77pSAlXwXYzVOUArjOpcwc6yXYksigocDphxmNC1vqKRlXUUfllRdKPuhY_9MbOfkNWK0V-Hqofs3fuvFL9XJBvqQbWNpdaE-NLVbd3hJmqYW7v6ltxjFjVQ==>
(Photo courtesy of Telegraph)
 INDONESIA - Five years pass: KontraS cries for justice for Munir

[image: munir campaign]Seventh of September this year marked the 5th
anniversary of murder of Munir Said Thalib, former chairperson of the Asian
Federation Against Involuntary Disappearances
(AFAD)<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsUr9Ah0wwBrAAC_mnh3tDKiXy4v68NK9BbIlKqE6QUZo-WKON8fwhIaeXVaQVWQtIrIAfGwE60ZINI3eEgmXXFeZzq8bDkwxihlZJMPwBTLfw==>.
KontraS, FORUM-ASIA member in Indonesia, issued the statement below on the
day calling on the Indonesian government to "leave no stone unturned to
facilitate that the truth be ferreted out".

Today marks the 5th anniversary of the murder of the former AFAD
Chairperson, Munir. It has been five years ago since our Federation received
a text message about the sudden death of Munir. Incredible was the message
we received about the death of a man who, at the prime of his life, was
contributing to a large measure, to the cause of human rights and
democratization process of Indonesia and in the rest of the world. More
revolting was it to know, two months later, that the most courageous human
rights defender of Indonesia was poisoned by a lethal dose of arsenic
allegedly by elements of the military intelligence in Indonesia, the BIN.

Five years have passed. While Pollycarpus, the Garuda pilot implicated for
the murder, and former Garuda president Indra Setiawan were found guilty and
sentenced for twenty years and 12 months imprisonment, the news about the
acquittal of Major General (ret.) Muchi Purwopranjo is a manifestation of
continuing impunity in Indonesia. For this, the Asian Federation Against
Involuntary Disappearances and the rest of the international movement
against enforced disappearances continue to cry for truth and justice for
Munir.

A week prior to the anniversary of Munir, the Asian Federation Against
Involuntary Disappearances visited Indonesia to conduct series of activities
related to the entry into force of the UN Convention for the Protection of
All Persons from Enforced Disappearance. The series of activities from
September 1-6 were culminated with our participation in the every Thursday
rally in front of the Presidential Palace. It was the 125th day since the
families of the disappeared and other victims of human rights violations in
Indonesia, inspired by Argentina's Madres de Plaza de Mayo, have been weekly
conducting their protest demonstration. On that occasion, representatives of
AFAD from the Philippines and Nepal and of its Latin American counterpart,
the Latin American Federation of Associations of Relatives of
Disappeared-Detainees were physically present. Their presence was a concrete
manifestation of solidarity with Suciwati and her family and with Munir's
larger family of victims of the 1965 massacre; the 1998 riot resulting in
killings, imprisonment and disappearances of persons, the Tanjung Priok
victims and many other victims and defenders of human rights in a country
devastated by 32 years of dictatorship.

As the present administration of President Sucilo Bambang Yudhoyono has
received a landslide victory and will soon officially receive a new mandate
in October 2009, AFAD once again calls on the Indonesian government to leave
no stone unturned to facilitate that truth be ferreted out, justice be
served and that the mastermind of Munir's treacherous murder be punished to
the full extent of the law.

Munir spent several years of his life as a human rights defender to the
cause of the disappeared. He actively participated in the drafting and
negotiation process of the UN Convention for the Protection of All Persons
from Enforced Disappearance. An apt tribute for Munir during his 5th death
anniversary is the Indonesian government's ratification of the UN Convention
for the Protection of All Persons from Enforced Disappearance. Thus, on this
occasion, as we seek for justice for Munir and for all victims of human
rights violations, we reiterate our call to the Indonesian government for
the immediate ratification of the UN Convention for the Protection of All
Persons from Enforced Disappearance. It will be an apt tribute to Munir and
the most precious gift which the Indonesian government can give to the
families of the disappeared whom Munir lived and died for.
 JAPAN - The Ainu to establish a national network

Different associations of the Ainu, the indigenous people originating from
Hokkaido, a northern island of Japan, decided to establish a nation-wide
network in September 2009, according to Kyodo News on 1 September.

Through this new network, the associations will share information and
strategise to urge the Japanese government to come up with policies to
improve the social status of the Ainu people. The new Prime Minister Yukio
Hatoyama was elected in Hokkaido, the Ainu ancestral territory. By building
a network, the Ainu in Japan hope to have stronger voice in the government.
They will urge the government to establish a new law on the Ainu and
cooperate with it to research on the realities of the Ainu outside Hokkaido,
reported Doshin Web, a news website from Hokkaido.

The government recognised the Ainu as an indigenous people through the
passage of the Diet "Resolution calling for the Recognition of the Ainu
People as an Indigenous People of Japan". Adopted a month before the G8
Summit in July 2008, held in Hokkaido, this was seen as a political
concession to the Ainu.

Japan voted for the UN Declaration on the Rights of Indigenous Peoples in
September 2008 but had earlier refused to accept any moves by indigenous
peoples for secession.
(Image by the Ainu Association of
Hokkaido<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsUmhd0o5ar9RMMTqPeU06syNKvbM_H2xj4ac41Y_M6uf-Fnx2A_daHa_rC3NWvOoCoydEUy_7SAFQBYhVrLIxxGRhC3kHAClT7ljUHb_1fuUdKnK546a82zKh0I_FUNmqXiNfnPO1i8aQ==>
)
 MALAYSIA -Arrest all rapists of Penan girls and women!

(11 September 2009, Bangkok) The Asian Forum for Human Rights and
Development (FORUM-ASIA) urgently calls on the Malaysian government to
immediately identify, arrest and bring to court rapists and sexual rights
violators of Penan girls and women of Baram, Sarawak. The organisation with
46 members across Asia said this is the logical follow-up to the report of
the National Task Force formed by the Cabinet to investigate the alleged
sexual abuse of Penan girls and women by logging camp workers in the said
territory.

The Ministry of Women, Family and Community Affairs took about a year to
release the report despite repeated requests by public and civil society.
FORUM-ASIA expressed shock and deep disappointment that, although as early
as September 2008, indigenous peoples' rights advocates released reports of
and campaigned against the abuses against Penan girls in their own ancestral
homes, it took a month for the government of Malaysia to organise the Task
Force. Despite conducting the investigation one month later, ten months
passed without any report to the public. The delayed responses by the
relevant government authorities are violations of the right of the victims
to justice.

"We would like to state that while we appreciate the report of the Task
Force, this is only a step to justice to the victims. More has to be done
now that the abuses have been validated", said Bernice See, the Ethnic
Minorities and Indigenous Peoples Programme Officer of the organisation.

Malaysian government is obliged to undertake measures to protect the child
from all forms of sexual exploitation and sexual abuse, according to the
Child Right Convention (CRC) (Art. 34). The government promised the
indigenous peoples to take measures "to ensure that indigenous women and
children enjoy the full protection and guarantees against all forms of
violence and discrimination" (United Nations Declaration of the Rights of
Indigenous Peoples, Art. 22).

The appalling condition of the victims and their communities - poverty, lack
of basic services and access to justice, lack of knowledge of their rights,
destruction of the sources of their subsistence - leads further to
violations of the Penans' human rights. Malaysia has committed to take
appropriate measures to address the particular situation of women who live
in rural areas, including the Penan, like providing access to adequate
health care, social security, education and training, and other such
measures that would allow them to "enjoy adequate living conditions,
particularly in relation to housing, sanitation, electricity and water
supply, transport and communications" (Committee on the Elimination of
Discrimination Against Women, Art. 14). Further, it has committed to guard
children, against all forms of physical or mental violence, injury or abuse,
and exploitation including sexual abuse (CRC Art. 19) and has assured that
every child has the right to a standard of living that will enable her or
him to realise her or his total development" (CRC Art. 27).

FORUM-ASIA urges the Malaysian government to redress the violations of the
human rights of the Penan girls, women and their communities by bringing to
court the perpetrators of the crimes, rehabilitate the victims,
expeditiously investigate the human and development conditions in Penan
communities in Baram and other logging areas. "The conditions of logging
concessions with the substantive participation of affected communities must
be reviewed, allowing them to live in the spirit and intent of the native
customary rights of the Penan and other indigenous peoples. Further, we urge
the Malaysian government to take measures to ensure the physical, mental
integrity and security of the Penan women and children", See added.
(Photo courtesy of The Nut Graph)
 42 Malaysian NGOs boycott SUHAKAM's "human rights day"

Forty-two Malaysian non-governmental organisations, including FORUM-ASIA
member, Suaram, boycotted "Human Rights Day Event" by the Human Rights
Commission of Malaysia (SUHAKAM) on 9 September 2009. The commission
celebrated its 10th anniversary on that day, and the organisations said it
cannot be recognised as a human rights day because of the commission's
failures. Below is their statement on the day.

Our boycott of SUHAKAM's event on 9 September 2009 is to register our
strongest protest and disapproval towards:

1. The failure of SUHAKAM to proactively protect and promote human rights

The lack of proactive efforts to protect human rights can be seen in its
seemingly selective nature of conducting public inquiries. In several
instances, SUHAKAM has failed to probe into serious cases of human rights
violations. For example, in 2008, in response to a fire incident at the
Lenggeng Immigration Detention Centre, a Commissioner made a strong
statement calling it "one of the worst incidents that have taken place in
Malaysia". However, despite such strong statements SUHAKAM decided to reject
civil society's call for a public inquiry to be held.

When numerous individuals were arrested by the police for exercising their
right to assemble on various occasions this year, none of the SUHAKAM
Commissioners were present at police stations or lockups to try to secure
the releases of those detained or at least to ensure their wellbeing in
detention. The Commission also refused to send an official monitoring team
to the anti-ISA rally on 1 August 2009 despite requests from civil society
to do so, with the reason that the rally was held without a police permit
and therefore "illegal". This is contrary to the positions that the
Commission has taken in numerous of its annual reports and reports of public
inquiries.

We are also seriously concerned about the performance of SUHAKAM Chairman
Tan Sri Abu Talib Othman. In 2008, the Chairman only made one press
statement out of the 23 released by SUHAKAM throughout the year. The only
press statement released by the Chairman was to clarify that a press
statement released by three Commissioners on the previous day was not an
official statement of SUHAKAM. The press statement on the previous day
condemned the ban of the Hindu Rights Action Force (HINDRAF) by the
government and called for the government to uphold freedom of association.
With only one press statement released throughout the entire year - and even
that was to distance SUHAKAM from a human rights-based position - the
credibility and suitability of Tan Sri Abu Talib Othman as a public defender
of human rights can thus be seriously questioned.

To read the complete statement, please click here (Suaram
website).<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsXoLjS7wXxup2Sti-E7i2p4eQsYV-nrOJm35B8cZv7vVhlGaLNIWiZczSLPACJff5rHaZOX78FUdMXrZ5MNplshApBWmR2tR7zNJMT66rxC8dd0yitmljWT>
 Filipino anti-trafficking attache tortured and killed

Finardo Cabilao, the Social Welfare Attache to the Embassy of the
Philippines in Malaysia, was found tortured and killed on 7 August 2009. He
had combated trafficking and received death threats from trafickers. Asia
Pacific Refugee Rights Network (APRRN) released the statement below on 2
September, endorsed by 77 civil society organisations worldwide.

On 7 August 2009, the body of Finardo Cabilao was found in his residence in
Malaysia. He appears to have been tortured and bludgeoned to death. The
circumstances of his death indicate that he was targeted because of his work
against human traffickers.

During his appointment as the Social Welfare Attaché to the Embassy of the
Philippines in Kuala Lumpur, Mr. Cabilao worked tirelessly on behalf of
Filipino victims of trafficking. He also played an important role in
developing and advocating for the adoption of the recent ASEAN Guidelines
for the Protection of Trafficked Children. As a result of his work combating
trafficking, which included testifying against them in legal proceedings in
Malaysia, Mr. Cabilao received death threats from traffickers - death
threats that ultimately appear to have been acted upon.

We, the undersigned organizations, wish to express our sadness, shock and
grave concern at the news of the death of Mr. Cabilao.

Firstly, we extend our deep condolences to the family of Mr. Finardo
Cabilao, especially to his wife and two children. We hope that Mr. Cabilao's
legacy of bringing safety and hope to countless victims of trafficking may
bring them comfort even as we recognize that no legacy can begin to replace
the loss of a husband, father, son and brother.

Secondly, we call upon the Filipino government to recognize the legacy of
Mr. Cabilao by ensuring that its next Social Welfare Attaché continues the
work of Mr. Cabilao and that the embassy and government redouble their
assistance to all Filipino victims of trafficking, both in Malaysia and upon
return to the Philippines.

Thirdly, we demand that the Malaysian government promptly and thoroughly
investigate the murder of Mr. Cabilao and make every effort to identify,
arrest and prosecute his murderers. We remind the Malaysian government that
the international community has found its efforts to combat trafficking
wanting and that the flagrant murder of Mr. Cabilao is a direct result of
the sense of impunity that human traffickers have enjoyed for too long in
Malaysia. We believe that the commitment of the Malaysian government to
opposing human trafficking is in doubt as long as it allows the murderers of
Mr. Cabilao remain at large.

Fourthly, we reiterate the need for all governments in the region to
continue working individually and collectively to combat human trafficking
and to ensure that all those who join the opposition to human trafficking
are provided with support and protection.
 SINGAPORE - Civil society meets Indonesian government officials on migrant
domestic workers issue

(Source: FORUM-ASIA member ThinkCentre, 10 September
2009)<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsVze4c1i9RRqap0Vba3iD_i4_4J-mVGQGctNh_5XqBF6o3zg_Tii8zOQALB-RhzoH7zrmMROBu-y6V4qtAjyvq9N3nB8--hMslSnioSOGRi8x0bAj14afpVYy54R6TK3GDRcNpXf0ffDrff3pPriM5g>
Singapore Working Group for ASEAN together with the International
Organization for Migration jointly conducted a workshop on Indonesian
Migrant Domestic Workers in Singapore at the Singapore Council of Women's
Organization Centre on 4th September 2009.

Organizations from Singapore's civil society and representatives from
various Indonesian government ministries, came together to discuss how to
improve the welfare of Indonesian migrant domestic workers in Singapore.
Whilst the majority of workers were satisfied with their work here, several
challenges were identified as potential threats that might blight their stay
here. As civil society representatives who work with migrant workers in
Singapore share their experiences and encounters faced by workers, all
participants communicated unreservedly and agreed to work towards concrete
proposals and follow up plans to ensure workers from Indonesia have decent
living conditions and working environment.

The Indonesian officials invited the Singaporean delegates to their country
to better understand the pre-departure processes and living conditions of
the workers. They also agreed to consider the recommendations made by both
the Singapore volunteer welfare organizations and non government
organizations.

To read the whole story, please click here (ThinkCentre
website).<http://rs6.net/tn.jsp?et=1102693460284&s=4623&e=001EEJcxO8OmsVze4c1i9RRqap0Vba3iD_i4_4J-mVGQGctNh_5XqBF6o3zg_Tii8zOQALB-RhzoH7zrmMROBu-y6V4qtAjyvq9N3nB8--hMslSnioSOGRi8x0bAj14afpVYy54R6TK3GDRcNpXf0ffDrff3pPriM5g>
 THAILAND - Labour union leaders face dismissal and arrest