Lenin
Raghuvanshi, Founder of Peoples Vigilance Committee on Human Rights (PVCHR)
says in press conference at Bali, Indonesia “Need for greater efforts for
promoting the sovereignty of the People and violence free Asia through
democratic values and structures.
We envision a Bali Democracy Forum that encompasses all people living in Asia and promotes greater understanding and equal respect of all people to eliminate discriminations based on gender, creed, caste, ethnicity and color.
We envision a Bali Democracy Forum that encompasses all people living in Asia and promotes greater understanding and equal respect of all people to eliminate discriminations based on gender, creed, caste, ethnicity and color.
We
advocate full independence of the judiciary, adhering to internationally
recognized values and principles. Pro-people lawmaking has to be participatory,
representative and fully transparent."
Please find below the outcome document of the civil society conference organized by FORUM-ASIA, Imparsial, AJI and IDSPS, on 5-6 November 2012, in conjunction with the Bali Democracy Forum V.
Civil Society Statement in
Conjunction with the Bali Democracy Forum V
[6
November 2012]
We,
21 Asian civil society organizations who attended the Civil Society Conference
on “Advancing Substantive Democracy in Asia: The Roles of Civil Society and
Democratic Governance”, held on 5-6 November 2012, parallel to the Bali
Democracy Forum V,
Appreciating
the initiative and continued commitment of the Indonesian government in
organizing the Bali Democracy Forum,
Acknowledging
the importance of the Bali Democracy Forum in promoting the development of
democracy in the region,
Welcoming
the invitation extended to Asian civil society representatives to the Opening
Session of the Bali Democracy Forum for the first time this year,
Reaffirming
our commitment to democratization in Asia based on people’s participation,
pluralism, rule of law, international human rights laws and standards,
Call
on governments at the Bali Democracy Forum V to take into serious consideration
with the aim of acting substantively on the following issues of concerns:
- Enhancing the Inclusiveness
of the Bali Democracy Forum
The Bali Democracy Forum, as an important international forum for discussions on issues related to democracy, should take progressive steps to enhance the participation of all relevant stakeholders
- Securitization,
state-centred discourse on national security and threats to regional peace
Many
Asian governments are increasingly using national security laws in the name of
peace and security to deny and suppress the fundamental freedoms of its peoples
These laws impose overbroad and disproportionate restrictions on fundamental
freedoms, often on vaguely defined grounds, such as to protect “national
security”, to combat “terrorism”. There are also increasing securitization
concerns using the pretext of ethno-religious conflict, defending the monarchy
and all other authorities which are in direct contradiction with international
human rights standards. This appears to reflect the precedence of the interests
of governments over the rights of the people.
The
rise of state-centred discourse of national security has also resulted in the
continued employment of violence by the state with impunity, including torture,
enforced disappearances, detention without trial and extra-judicial killings in
the region, both within the countries and across borders.
In
the context of the increase in violations of fundamental freedoms in the name
of national security, an independent and effective judiciary plays a pivotal
role in ensuring that fundamental rights of the people are safeguarded.
However, serious concerns with regard to the independence and integrity of the
judiciary remain in many Asian countries. Appointment of judges and prosecutors
are often influenced by politics, nepotism and patronage, which has posed
serious threats to the independence of the judiciary, and consequently, the
proper functioning of democracies. Judges in many countries have also
continuously failed to demonstrate their appreciation and understanding of
international human rights law.
Furthermore,
other remaining redress mechanisms have also largely failed to safeguard the
rights of the people. This includes the general trend of the eroding
independence of national human rights institutions in countries where they
exist in the region, in many case as a result of deliberate efforts of
governments. As a consequence, many national human rights institutions have
been ineffective in protecting and promoting the fundamental rights of the
people in the context of the increasing state-centred discourse and practice of
national security.
There is also an escalating arms race in the region and disproportionate increase in defense budgets of many Asian governments in recent years. This has been fueled by increasing incidences of territorial conflicts and military exercises in the region which is a threat to peace. The increase in defense budgets has largely been at the expense of state spending on social protection and other essential services, exacerbating the vulnerability of marginalized individuals and groups.
There is also an escalating arms race in the region and disproportionate increase in defense budgets of many Asian governments in recent years. This has been fueled by increasing incidences of territorial conflicts and military exercises in the region which is a threat to peace. The increase in defense budgets has largely been at the expense of state spending on social protection and other essential services, exacerbating the vulnerability of marginalized individuals and groups.
- Economic Development
In
many Asian countries, there is an increasing trend of imposed development
without consultation of and, free, prior and informed consent (FPIC) from
affected communities. This includes land grabbing, forced evictions and
centralization of resources which impact groups ranging from urban communities
to indigenous peoples. Often, a corollary of such policies is the degradation
of the environment to the extent that some countries become effectively toxic
colonies of others; coupled with, inadequate or no compensation to the affected
communities, the absence of relocation policies and even the criminalization of
those who exercise their fundamental rights.
The
current economic model which stresses deregulation of markets, increasing power
of multinational corporations, trade liberalisation and privatization of social
services has also created a situation of increasing poverty and inequality,
while spending on social security and access to essential services are
inadequate. Imbalances in national budget allocation have to be corrected to
address poverty. In today’s economic landscape, workers’ rights to association
and to form trade unions for collective bargaining; and advocating for better
conditions and fair wages are also suppressed. Precarious forms of labor,
especially in the informal sector, which is dominant in the region has seen
reduction of labour costs and wages, resulting in a deterioration of protection
and standards for workers in Asia.
Corporate
impunity in the forms of cronyism and favoritism in awarding business contracts
must also be combated. While we are not against the market economy,
modernization of the economy and attracting investment, resource-related
extraction activities and economic land concessions for commercial development
must not override the concerns and rights of ordinary people.
We
make the following recommendations to all governments at the Bali Democracy
Forum V:
General Recommendations:
General Recommendations:
i.
to institutionalize full and meaningful
participation of civil society in the Bali Democracy Forum
ii.
to respect and protect the exercise of
fundamental freedoms of expression, association and assembly, in light of
increasing trends of the misuse of the Law and Judiciary to silence and oppress
human rights defenders, and marginalized communities;
iii.
to establish and strengthen independent
and effective human rights protection mechanisms, both national and regional,
with the capacity to receive and address complaints, and provide avenues for
redress and remedies. National human rights institutions should comply with the
Paris Principles;
Peace
and Security:
iv.
Restrictions of human rights in the name
of peace and security should not be invoked without legitimate basis under
international human rights law and standards. In addition there are certain
fundamental rights to human dignity that can be never be derogated from under
any circumstances;
v.
To ensure that the rule of law is
respected at all times. Law enforcement officers should undertake human rights
training and education to ensure these outcomes;
vi.
to ensure that victims and survivors of
human rights violations are guaranteed the right to truth, justice and
reparations;
vii.
to undertake to formulate and implement
policies towards the elimination of the threat of conflict among and between
peoples and the renunciation of the use of force and peaceful settlement of
disputes to bring peace in the region;
Economic
Development:
viii.
To democratize economic decisions to
ensure accountability and transparency in development aid and bi/multi-lateral
trade agreements. This would ensure that the rights of affected communities, especially
marginalized groups like indigenous peoples, and interests of local businesses
and small/medium enterprises are not compromised. Participation must include
FPIC to ensure equitable growth and redistribution of wealth;
ix.
Economic and social justice for work
must go beyond rules and regulations for waged labour and include all work
outside of the market, balance the inequalities between women and men, care
work and industrial work, and protect local communities and migrants' rights.
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