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GENERAL APPEAL (Asia): Call for Asian governments to ensure the adoption of the United Nations Declaration on the Rights of Indigenous Peoples at the General Assembly

November 16, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM



16 November 2006
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UG-023-2006: ASIA: Call for Asian governments to ensure the adoption of the United Nations Declaration on the Rights of Indigenous Peoples at the General Assembly

ASIA: Rights of indigenous peoples
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Dear Friends,

Please find below a self-explanatory call for action from Geneva-based NGO the International Service for Human Rights concerning the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, which we urge you to join immediately.

International Service for Human Rights

Action on the United Nations Declaration on the Rights of Indigenous Peoples

For more than two decades different UN bodies have been working on drafting a normative standard to bridge the gap in existing international human rights law with regards to the rights of indigenous peoples. This long awaited standard, with the support of the indigenous peoples worldwide, is now before the Third Committee and the General Assembly for final adoption. It is now time for each State to take action.

Many States while apparently supporting the Declaration, have suggested that further consultations on the Declaration are necessary and desirable to bring about consensus. However, since 11 years of the working group has not brought about consensus there is little reason to believe that a little more time will make a difference. Reopening the discussions now would not allow for greater consensus.

It would instead place in jeopardy this important instrument and the progress made in advancing the rights and dignity of the world's indigenous peoples. Moreover States should also remember that important instruments such as the Universal Declaration of Human Rights and the Optional
Protocol to the Convention against Torture were adopted by a vote.

The International Service for Human Rights calls on all States to oppose any procedural amendment delaying the process further. The text should not be reopened but adopted without change or delay, as indeed called for by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples. The choice of the Third Committee is not a choice between the Declaration now or in a few months. It is a choice between a Declaration now or never. Whatever some States might say, it is clearly a choice for or against the Declaration on the Rights of Indigenous Peoples.

In the minds of indigenous peoples, non governmental organisations and international public opinion, States, by voting in favour of any delays to the process, are voting against the draft Declaration and undermining the credibility and legitimacy of the Human Rights Council.


SUGGESTED ACTION:

Please urgently write to the following governments or permanent representatives to the United Nations urging them to oppose any procedural amendments to the United Nations Declaration on the Rights of Indigenous Peoples, which would in effect amount to a rejection of the Declaration and undermine the credibility and legitimacy of the UN Human Rights Council as well as undermining the improvement of the world's indigenous peoples' human rights.

To support this appeal, please click:

Sample letter:

Dear _____________,

ASIA: Call for Asian governments to ensure the adoption of the United Nations Declaration on the Rights of Indigenous Peoples at the General Assembly

I have been informed by the Asian Human Rights Commission and the International Service for Human Rights that the United Nations Declaration on the Rights of Indigenous Peoples is currently before the Third Committee and the General Assembly for final adoption. It is vital for Asian States to support this important instrument by taking all necessary measures to ensure that it is adopted without hindrance or delay.

Many States, while apparently supporting the Declaration, have suggested that further consultations on the Declaration are necessary and desirable to bring about consensus. However, since 11 years of the working group has not brought about consensus, there is little reason to believe that a little more time will make a difference. Reopening the discussions now would not allow for greater consensus.

It would instead place in jeopardy this important instrument and the progress made in advancing the rights and dignity of the world's indigenous peoples. Moreover, States should also remember that important instruments such as the Universal Declaration of Human Rights and the Optional
Protocol to the Convention against Torture were adopted by a vote.

I therefore strongly urge you to take all necessary measures to ensure that your government opposes any procedural amendment that delays the process of adoption. The text should not be reopened, but adopted without change or delay, as is indeed called for by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples. The choice of the Third Committee is not a choice between the Declaration now or in a few months. It is a choice between a Declaration now or never. Whatever some States might say, it is clearly a choice for or against the Declaration on the Rights of Indigenous Peoples.

In my opinion, and in the minds of indigenous peoples, non governmental organisations and international public opinion, States, by voting in favour of any delays to the process, are voting against the draft Declaration and undermining the credibility and legitimacy of the Human Rights Council. It is vital that your government clearly show its support for the rights of indigenous peoples at this crucial juncture, by ensuring that the Declaration is adopted as it currently stands and without delay.

Thank you for the attention you will give this matter,

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PLEASE SEND YOUR LETTER TO:

1. Prof. Iajuddin Ahmed
President & Chief Adviser
Government of the People's Republic of Bangladesh
Bangabhaban, Dhaka
BANGLADESH
Tel: +880 2 9568041, 7161501/A, 8311202/ 7161503/A
Fax: +880 2 9566242 or 9566593
E-mail: bangladesh@un.int

2. Permanent Representative of the Kingdom of Bhutan to the United Nations
Two United Nations Plaza, 27th Floor, New York, NY 10017
Telephone: (212) 826-1919, Telefax: (212) 826-2998
E-mail: bhutan@un.int

3. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
Cambodia
Tel: +855 23 21 98 98
Fax: +855 23 36 06 66
E-mail: cabinet1b@camnet.com.kh, cambodia@un.int

4. Permanent Representative of the People's Republic of China to the United Nations
350 East 35th Street, New York, NY 10016
Telephone: (212) 655-6100, Telefax: (212) 634-7626
E-mail: chinamission_un@fmprc.gov.cn, china@un.int

5. Permanent Representative of the Democratic People's Republic of Korea to the United Nations
820 Second Avenue, 13th Floor, New York, NY 10017
Telephone: (212) 972-3105/3106/3128, Telefax: (212) 972-3154
E-mail: dprk@un.int

6. Mr. Manmohan Singh
Prime Minister of India
Prime Minister's Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in, india@un.int

7. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782
E-mail: indonesia@un.int

8. Permanent Representative of Japan to the United Nations
866 United Nations Plaza, 2nd Floor, New York, NY 10017
Telephone: (212) 223-4300, Telefax: (212) 751-1966
E-mail: japan@un.int

9. Permanent Representative of the Lao People's Democratic Republic to the United Nations
317 East 51st Street, New York, NY 10022
Telephone: (212) 832-2734/0095, Telefax: (212) 750-0039
E-mail: laos@un.int

10. Permanent Representative of Malaysia to the United Nations
313 East 43rd Street, New York, NY 10017
Telephone: (212) 986-6310, Telefax: (212) 490-8576
E-mail: malaysia@un.int

11. Permanent Representative of the Republic of Maldives to the United Nations
800 Second Avenue, Suite 400E, New York, NY 10017
Telephone: (212) 599-6194/6195, Telefax: (212) 661-6405
E-mail: maldives@un.int

12. Permanent Representative of Mongolia to the United Nations
6 East 77th Street, New York, NY 10021
Telephone: (212) 861-9460, 472-6517, 737-3874, Telefax: (212) 861-9464
E-mail: mongolia@un.int

13. Lt-Gen. Soe Win
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
E-mail: myanmar@un.int

14. Prime Minister Girija Prasad Koirala
Prime Minister's office
Singha Durbar
Kathmandu,
NEPAL
Fax: + 977 142 27286
E-mail: nepal@un.int

15. General Pervez Musharraf
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: pakistan@un.int

16. Ms. Gloria Macapagal-Arroyo
President
Malacanang Palace,
JP Laurel St., San Miguel
Manila
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph, philippines@un.int

17. Permanent Representative of the Republic of Korea to the United Nations
335 East 45th Street, New York, NY 10017
Telephone: (212) 439-4000, Telefax: (212) 986-1083
E-mail: korea@un.int

18. Permanent Representative of the Republic of Singapore to the United Nations
231 East 51st Street, New York, NY 10022
Telephone: (212) 826-0840/0841/0842/0843/0844, Telefax: (212) 826-2964
E-mail: singapore@un.int

19. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657
Email: secretary@presidentsoffice.lk, srilanka@un.int

20. General Surayud Chulanont
Interim Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: spokesman@thaigov.go.th, thailand@un.int

21. Permanent Representative of the Socialist Republic of Viet Nam to the United Nations
866 United Nations Plaza, Suite 435, New York, NY 10017
Telephone: (212) 644-0594/0831/1564, Telefax: (212) 644-5732
E-mail: vietnam@un.int

Thank you.

Urgent Appeals Programme
Asian Human Rights Commissoin (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal General
Document ID :
UG-023-2006
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.