Philippines: Development of an Asean Human Rights Mechanism Underway

MANILA — Ambassador Alistair MacDonald, Head of Delegation of the European Commission to the Philippines , and Commission on Human Rights Chair Purificacion Quisumbing signed a memorandum of agreement on 4 May 2007 to launch a new EC-funded human rights project. The project, which will be implemented by the Philippine Commission on Human Rights together with its sister institutions in Indonesia, Malaysia and Thailand is intended to help pave the way for the development of an ASEAN Human Rights Mechanism.

Ambassador MacDonald said “This important project, implemented by the Commission on Human Rights in Manila , marks an important step in strengthening human rights efforts in the ASEAN region. Its success will help strengthen ASEAN’s efforts to build the “caring, sharing community” foreshadowed at the Cebu Summit.”

With a grant of € 900,000 (PHP 58 million) from the European Community, the project is expected to contribute towards the improvement of human rights standards in the Philippines , Indonesia , Thailand and Malaysia focusing on human rights issues of common concern to the ASEAN region.

The project is also intended to contribute to raising awareness among ASEAN governments and civil society regarding the importance of establishing an ASEAN human rights mechanism. Drawing on the experience of the existing national human rights institutions the project will help establish best practices and build towards the establishment of such an ASEAN human rights mechanism.

The project will be implemented over a period of 36 months, and will include the following activities: institutionalising collaborative mechanisms of the national human rights institutions; organising national and regional conferences/workshops; exchanging information and best practices between stakeholders in the 4 participating countries and other countries from the region; capacity-building for the national human rights institutions; and the design and implementation of joint projects on areas of common concern in the region.

Asia is currently the only region in the world without a human rights mechanism at the regional level, and the development of an ASEAN human rights mechanism was identified by the Eminent Persons Group in December 2006 as one of the founding principles and objectives that should be incorporated in the future ASEAN Charter .

Wednesday April 18, 2007
Review on several human rights treaties


Its parliamentary secretary Ahmad Shabery Cheek said the Government was concerned about human rights issues and would con-

tinue to to protect the human rights of Malaysians. 

“Two treaties that Malaysia has ratified out of seven were the Convention on the Rights of the Child and the Convention on the Elimination of Discrimination Against Women in 1995,” he said in reply to Dr Wan Junaidy Abd Wahab (BN - Batu Pahat).

Ahmad Shabery also said the Geneva-based Human Rights Commission understood why Malaysia could not ratify all seven conventions.

He admitted that Malaysia’s delay in ratifying the conventions had caused several problems to the country’s image.

“They understand that Malaysia has certain reasons and there is no point for us to ratify the conventions if we cannot implement their terms,” he said, adding that Malaysia needed more time before being able to ratify the conventions and implement them.

He noted that there were many issues that needed to be looked into, like the Malays’ special privileges that were protected by the Federal Constitution and the call made under several provisions in the treaties to abolish whipping as a form of punishment.

On refugees, Ahmad Shabery said the Government did not plan to ratify the United Nations’ Convention on Refugee Status 1951 and Protocol 1967, because Malaysia would otherwise attract refugees based on its strategic location in the region.

“However, the Government will help those in need on a case-by-case basis on humanitarian policy and not generally,” he said, adding that the ministry and other government agencies had always cooperated with the UN High Commissioner for Refugees.

On another matter, in replying to Datuk Nur Jazlan Mohamed (BN - Pulai), Ahmad Shabery said the upgrading of Japan's defence forces was not a threat to Malaysia.

He said Malaysia welcomed the Japanese Government’s move to upgrade the status of its defence forces from an agency to a ministry.

“We do not think the upgrading is to make war. Instead, Malaysia and Japan can work together on defence and peace missions under the United Nations,” he said.  

Free Trade Agreement with the US: Nation's interests will be safeguarded, says PM
06 April, 2007

KUALA LUMPUR: Datuk Seri Abdullah Ahmad Badawi said the government would always safeguard the nation’s interests in its negotiations on a free trade agreement with the United States. Bernama quoted the prime minister as saying that the matter was discussed at length and in detail by the Cabinet yesterday and would again be discussed at next week’s meeting.

"The government fully understands the thinking and concerns of the people in this matter.

"I would like to assure that the nation’s interests will always be safeguarded and would not be sacrificed in any way," he said.

Some quarters had expressed concerns that the FTA would only benefit the Americans.

The two countries have held various rounds of negotiations in the last year, with the latest in Kota Kinabalu last month.

Malaysia feels there should be no time-frame for the conclusion of the FTA negotiations while the US wants an agreement before the expiry in June of President George W. Bush’s "fast-track authority", which compels the US Congress to accept or reject it in toto.

Meanwhile, it is learnt that the views of all ministries on the impact of the FTA were gathered at the meeting.

Asked on the outcome, one minister said it was decided that another set of discussions would be held soon.

After five rounds of inconclusive negotiations, and with the US deadline looming large, ministers were asked last month to give their opinions on the 58 contentious issues said to be holding back an agreement.

Among them are questions about intellectual property rights and certain government policies, including procurement.

Human Resources Minister Datuk Seri Dr Fong Chan Onn said the Cabinet meeting yesterday took longer than usual due to lengthy discussions on the FTA.

He said he had presented his ministry’s stand on labour-related issues.

"I cannot divulge the details. Whatever is decided by the Cabinet is a collective position. We act as a team," he said.

Fong said through the FTA, Malaysia would also seek to further increase trade and investments in both directions, create higher-paying jobs and enhance competitiveness.

Agriculture and Agro-based Industry Minister Tan Sri Muhyiddin Yassin said: "We are still discussing and nothing has been finalised yet. So just wait for the announcement. We have decided not to make conflicting statements," he said.

The March deadline was imposed by the Americans who have to present it to Congress 90 days before the current Trade Promotion Authority to negotiate FTAs lapses.

The Ministry of International Trade and Industry, the co-ordinator of the negotiations, has taken the lead in most of the issues discussed, ranging from market access, trade remedies, rules of origin, investment, services and capacity-building.

The US is Malaysia’s largest investor with more than RM104 billion in cumulative investments in the country. It is also Malaysia’s single largest trading partner, while Malaysia is the US’ 10th largest.