An international symposium titled "Best Practices for National Institutions for Human Rights - Common Action for NGOs & National Human Rights Institutions" was held in Jakarta, Indonesia, from February 9 to 12,1999. The symposium was sponsored by the JCLU and PBHI (Indonesian Legal Aid and Human Rights Association), with an aim to exchange opinions regarding National Human Rights Institutions. It was the first symposium that the JCLU sponsored abroad.
The symposium had about 50 participants from seven countries, including Australian, Indian, and Indonesian national human rights commission members, and NGO activists from Australia, Canada, India, Indonesia, Japan, Thailand, and Switzerland. Fourteen Japanese participants included members of JCLU's Asian Human Rights Committee, Human Rights Forum 21, the International Movement Against Discrimination and Racism, and Hon. Yukio Edano and Sen. Mizuho Fukushima.
The program consisted of the current situation of National Human Rights Commissions explained by members, supplementary remarks and reviews by NGO activists, and a floor discussion. Despite some anticipation that the Commission members and NGOs might confront each other, they addressed issues in a friendly manner and developed constructive arguments as they already had had international fora for dialogue.
While JCLU's model outline to establish a national human rights commission in Japan was welcomed, participants in the symposium pointed out the insufficiency of the country's Civil Liberties Commissioners system as it lacks independence and so forth.
A Concluding Statement was adopted the final day, in which the participants noted, as a request from the international community, that the Japanese government should immediately consider the establishment of a national human rights commission for it lags far behind the international standard.
The four-day symposium had constructive as well as heated discussions. It ended successfully by sharing a message from Mary Robinson, the UN High Commissioner for Human Rights.
The Concluding Statement and message of Ms. Robinson are available.
by Kanae Doi, Legal Trainee, JCLU member
It was a big challenge for the Asian Human Rights Committee to organize the symposium "Best Practices for National Institutions for Human Rights - Common Actions for NGOs & National Human Rights Institutions". We had little experience or knowhow as it was the first meeting that the JCLU would hold abroad.
Still, we were determined to hold the symposium in Indonesia when the proposal was first drawn in September 1998, wishing to contribute, however small, to Indonesian society that had been "bleeding" for democracy. And in fact, a number of Indonesian activists participated in the symposium, as local TV and newspapers covered its sessions. For us, it was a firsthand experience with a society in transition. During our stay in Indonesia, President Habibie announced that East Timor would be independent in the near future.
That the JCLU sponsored the symposium must be significant as there has been strong criticism of the Japanese government and NGOs for their under-representation in human rights meetings in the Asia-Pacific region. Also at a meeting with Indonesian NGOs and the JCLU, a delegate from Sumatra said that Japan should be more active and take the lead in the human rights arena. Japan should no longer keep a low profile about human rights in the international community. There is an urgent need for the Japanese government as well as NGOs to actively join in the human rights dialogue at an international level. We should make a new contribution to the Asia-Pacific region for the 21st century.
The symposium was a great success. However, it is only a small step to our ultimate aspiration that a regional human rights institution be established in the Asia-Pacific region. The JCLU Asian Human Rights Committee will start drafting a model law for the creation of a national human rights institution in Japan. The symposium was certainly an opportunity to move forward.
A reception was held in the evening of the first day (February 9) whose guests included those from the Embassy of Sweden and Japan. In the opening remarks, Hon. Edano stated that "the 20th century was that of blood and money. We must create the 21st century of human rights."
The symposium had a whole day session on February 10 and 11 with discussions ranging from a working level to a substantial level on issues. Themes explored on the 10th were the human rights situation and remedies by national human rights institutions of each country; on the 11th the themes were legislative, advisory, educational, and advocacy functions of the national human rights institutions.
About the Indonesian national human rights commission, its legal standing (based on a mere Presidential order), which does not secure the commission's independence, and poor accessibility (it has no local offices) were pointed out as problems. The commission explained ongoing efforts for the legislation of its base law.
An Indian activist reported on rampant human rights abuse by military and police officers. As for the national human rights commission, he criticized its minor work in providing remedies for the extremely gross human rights violations in Kashmir, and also its insufficient information disclosure system concerning remedies.
An Australian national human rights commission delegate began his report by saying that Australia might seem like a heaven compared to the former two countries. He went on to report on the main issue that the commission handled: social discrimination against certain categories of people, such as Aborigines and handicapped people. He also introduced extensive research of a case in which a number of Aborigine children were separated from their family by state authority and were alienated from their own cultural identity. The result of the research was compiled in a report titled "the Lost Generation" which led to a great controversy in Australian society.
A Thai NGO activist reported ongoing revisions to the Constitution which would lay down more democratic provisions and stipulate the establishment of both a national human rights institution and an ombudsman system.
Hayato Watanabe of the JCLU introduced the system of Civil Liberties Commissioners in Japan which in substance merely provides non-professional advice, and is placed under the control of the Justice Ministry, therefore having no independence. Hiroki Kawamura, also from the JCLU, presented a proposition formulated by the JCLU's Asian Human Rights Committee "Towards the Establishment of National Institutions for Human Rights in Japan." Sen. Mizuho Fukushima presented an update on debates in the Diet concerning the national human rights institution. Futoshi Toyama of the JCLU introduced concerns issued by the UN Human Rights Committee in November 1998 about the lack of independent and effective human rights institution in Japan. He also introduced work undertaken by the Japan Federation of Bar Associations in this regard. Koshi Yamazaki of the Human Rights Forum 21 briefed the symposium on the comparative studies of his group on national human rights institution in various countries. On legislative and advisory functions, and those of education and advocacy, Kanae Doi and Eri Ishikawa, both from the JCLU, made presentations respectively.
A drafting committee to formulate the symposium's concluding statement was formed in the evening of February 11 where members discussed and reviewed issues to be included in the statement. Bill Barker and Hayato Watanabe as chief drafters worked late on drawing up the draft. The final statement included issues the JCLU emphasized such as the substantiation of the legislative and advisory functions, criticism against the Japanese government that lags behind in addressing the national human rights commission, and the implementation of education and training for public servants.
The concluding statement was adopted unanimously at the morning session of February 12, and was presented at a press conference held after the symposium. While co-moderated by Mr. Nashidik of the PBHI and Mr. Ueyanagi of the JCLU, the press conference had a number of questions and answers.
Among detailed principles on the national human rights institution that the concluding statement included were: independence in terms of legal standing, personnel and finance; transparency and accessibility; legislative competence to incorporate international human rights law into domestic laws; training for public servants, including the police; cooperation with NGOs, etc.
Through the four-day symposium, with reports on various remedies that the national human rights commission had provided, we thought that human rights violations in Japan could better be attended to had we a national human rights commission: cases such as discrimination against women, foreigners, and handicapped people, along with abuse of state power in prisons and immigration centers. We were also impressed that the national human rights institutions hold the key to creating a human rights culture and a society that respects diversity. Granted, the national human rights institution is in development with many aspects to be improved, but Japan does not even have an equivalent institution, lagging far behind the international standard. The Asian Human Rights Committee will continue studies in pursuit of the establishment of a national human rights institution in Japan.