HURIGHTS OSAKA

NEWSLETTER of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA)
December 2004 Volume 38

Editorial

Law, Lawyers and Human Rights
Authoritarian governments proliferated in Asia-Pacific during the decade of the 1970s.
It was truly a disastrous decade for human rights. Arbitrary detentions, torture, disappearances, extra-judicial killings, among others, were directly attributed to both official
policies and secret operations of authoritarian governments.
During this period of massive violations of human rights, law was reduced to a mere
instrument of injustice. But there were some lawyers who stood up, at their peril, to tellgovernments that the violations have to stop. Knowing that they were up against powerful people and institutions, they pursued what they perceived then as the only peacefuloption.
Lawyers organized themselves not merely to handle human rights cases in courts but tobring the issue to the people. They were proactive. They saw the need to document
human rights violations and inform the public how these violations take away the security of society as a whole. Some helped empower disadvantaged groups to fight for theirrights.
Eventually, in many countries, law has been restored almost to the state of majesty
where it belongs. But the danger of sliding back to the experience of the 1970s is chillingly present in the current era of "anti-terrorism" policies of governments.
Some lawyers are therefore ever vigilant in preventing this from happening. Ultimately,
however, the society as a whole has to make sure that this does not happen.

FOCUS Asia-Pacific is designed to highlight significant issues and activities relating to humanrights in the Asia-Pacific. Relevant information and articles can be sent to HURIGHTS OSAKA
for inclusion in the next editions of the newsletter.
FOCUS Asia-Pacific is edited by Yoshio Kawashima, Director of HURIGHTS OSAKA.

Indonesian Legal Aid Foundation:
Struggling for Democracy and its Own Sustainability
A. Patra M. Zen
and cultural rights and civil and political rights; (4)security law reform; and (5) access to justice program. They are implemented by 3 bureaus(advocacy, research, and publication and information) and 2 directorates (publicity and international
relations). LBH has identified its mission as follows:

otalitarianism, authoritarianism, militarism andracism are the "isms" that have traditionally been
the opponents of legal aid workers. These "isms"
contradict the values of democracy and supremacy ofjust law and human rights. Many legal aid workers
and activists often confront agents or actors behindthese "i s m s". In this context, the activists of theIndonesian Legal Aid Foundation (LBH) struggled
together with civil society organizations in fighting
the "New Order" led by then President Soeharto,
who represented the authoritarian government inIndonesia.

T

LBH, the biggest legal aid organization in Indonesia,
has entered the third stage of its historical development. The first stage was the establishment of thefirst LBH in Jakarta, a pilot project of the Indonesian
Advocates Association (Peradin) on 20 October1970. The establishment of provincial LBHs in
major cities nationwide soon followed. The pilot
project was started mainly because of the need toprovide access to justice to the poor people in the
country.
The second phase was marked by the founding of an
association of dozens of LBHs. This association wasnamed Indonesian Legal Aid Foundation (Yayasan
Lembaga Bantuan Hukum) on 13 March 1980. Fromthen on, LBH turned into an independent non-governmental organization (NGO) and no longer
affiliated with Peradin. The third phase was marked
by the revision on 26 September 2002 of the organization's statutes, changing an organization that wascommonly considered as the 'locomotive of democra cy'1 by the national media.
Thus far LBH has offices in 14 provinces. It is wellknown in the media because of its noted and popular
individuals who are multi-awarded (domestically andinternationally) human rights fighters.
Approach to legal aid
LBH adopted the structural legal aid approach which
requires that the handling of cases must address theroot causes of human rights violations and poverty ingeneral.2 Therefore, LBH has 2 strategies: litigation(handling of cases before the courts or through otherlegal processes) and non-litigation, including organizing mass demonstrations and media campaigns.
Currently, LBH has 5 core programs (1) advocacy
before the court (litigation program); (2) humanrights for women and children; (3) economic, social

1. Establish, promote and disseminate the values of
democratic and just law-based state, and upholdhuman rights in all social segments without condition;
2. Establish and promote independent and empowered ... marginalized people in such a way thatenables them to formulate, articulate and struggle
for and sustain their collective and individual interests;
3. Develop systems, institutions and other supporting instruments to increase effectiveness of theefforts to fulfill the rights of the marginalized people;
4. Initiate, encourage, advocate and support law
development programs, enforcement of legal justiceand national legal reform in line with the viable
Constitution and the Universal Declaration of
Human Rights; and5. Promote and develop programs that containdimension of justice in politics, socio-economics,
culture and gender, particularly for the marginalized
people.3
The work
Since its establishment, LBH has been handlinghuman rights violation cases and criminal cases ingeneral. Most of the cases handled by LBH are
related to violations of civil and political rights suchas torture, arbitrary detention, extra-judicial killingor involuntary disappearances. Aside from civil andpolitical rights cases, LBH also handled environmental, land and labor rights cases. Data for the
1995-1999 period show several thousands of cases
handled. Since October 2003, LBH classifies cases
into civil and political rights cases, and economic,
social and cultural rights cases. This division isbased on international human rights law standards.
Aside from its role of advocating for the rights of thepoor in Indonesia, LBH has been linked to the broader democracy issue in the country.
One wrote that "... at the beginning of 1990s LBH
was even named as the locomotive for democracy....
Almost every day many activists ranging from stu --2-

But the post-Soeharto era has not been free of suchproblems. For instance, in 2001 many LBH activists
were the target of violence. 7 In Medan, LBH
Director Irham Buana Nasution was shot with a poisonous arrow by unknown perpetrators on 11 April
2001. He was attacked in his office in Medan. Fiveyears earlier, in April 1996, the LBH Medan office
was burned down by unidentified people a day after
pro democracy activists staged rallies in response toa general election.

dents, labor[er]s, urban poor... and the like thronged[the LBH] office...". 4 The writer asserted that LBH
was the source of opposition to the ruling government:...some Political Parties participating in the 1999 general election were declared in this place including the
Democratic People Party (PRD) and Indonesian
Democratic Union Party (PUDI). It implies that LBH
at the beginning of 1990s was really the central placein which many groups met in their attempts to oppose
openly ... the Soeharto's regime. The existing groups
were still small in number... From the [LBH] office ...,
the schemes of actions to counter ... evictions nationwide were planned.

On 12 April 2001, a number of unidentified people
attacked the van of LBH Bandung Director Haneda
Lastoto near the LBH Bandung office. The perpetrators also stole the documents of Lastoto's clients, the13 suspects in a bombing case.

... in other words, [LBH] was no longer [a] simple
place to file a complaint [for] poor civilians but also[a] place for pro democracy activists of various groups
to gather...5

On 13 April 2001, members of the Jakarta Police
Precinct attacked the LBH office in Jakarta. They
hurled stones and used batons to destroy four glass
windows. Five of them entered the Adam Malik
room where a Legal Aid Training session (Kalabahu)- a training for cadres of LBH Jakarta - was being
held. The assault occurred following their attempt toarrest the demonstrators staging anti-military rallies
near LBH. Some demonstrators took shelter at LBH.
10 of the student activists were beaten up inside theAdam Malik room. An eyewitness lost consciousness due to the shock of seeing real acts of torture.
Demonstrators normally take cover at the LBH
whenever they clash with members of the police andmilitary.

Challenges
In conjunction with the 25th anniversary of LBH in
1995, Professor Daniel S. Lev, a senior lecturer in
Washington University, said that the emergence of
LBH in the 1970s was a sort of experiment. But theexperiment worked out well. Lev even said that thecontinuing existence of LBH has encouraged the
NGO movement in Indonesia. He said that "... when
LBH was founded in 1970s, many predicted that
LBH would only survive for five years at maximum.
Thus, it is [an] unpredictable thing to note that LBH
has survived for 25 years."6

On 20 July 2001, a joint team from Aceh Police andAceh Besar Police Precincts in a truck and three cars
attacked the LBH Banda Aceh. They forcibly arrested LBH Banda Aceh Director Rufriadi and his staff(Arie Maulana and Bantam, a student activist). Theyordered them to take off their clothes and lie facedown at the yard of LBH Banda Aceh office. The
assault occurred when human rights activists staged
rallies on human rights violations in Aceh. The computer, banner and pictures of victims of violence
exhibited at the venue of a rally were confiscated.

LBH has been facing many challenges all throughout
its existence.
Implementing the structural legal aid approach has
its risks. The addition of non-court activities including organizing and educating clients and poor
members of society to its core competence of advocacy in courts posed a problem. This approachdecreased the quality of technical and legal skills ofsome of its legal aid workers in handling cases incourt, compared to those of the senior advocates of
the 1970s and 1980s.

On the other hand, support from funding agencies
plunged. The traditional donor institutions of LBH
including Novib and USAID no longer provide support. The so-called "block grant" for NGOs, once asymbol of opposition to the New Order regime, wasstopped. The exploration of financial support fromdomestic sources was belated as focus was directed
at challenging the New Order regime. Fortunately,
LBH was able to secure support from other sources(such as the Canadian International Development
Agency [CIDA], the Partnership Governance Reformin Indonesia [PGRI] and local donations from thepublic) to implement several programs. Another program will be supported by the Australian Agency for

In addition to this risk, the structural legal aid (BHS)
approach made LBH workers the target of Soeharto
regime. Often, LBH workers have to support othercolleagues whenever the iron-fist Soeharto regime
considered them enemies for pleading farmers' orpoor workers' interests. Physical and mental harassment or even torture by members of the police andmilitary were part of the daily hazard under the
Soeharto regime.

-3-

International Development (AusAid).

Foundation.

A number of staff members who had worked in LBH
for years had to put up with dismissals without proper severance pay. They had worked in LBH without
regular monthly salary. Thanks to the support ofinternational and domestic NGOs, LBH staff members are able to participate in advocacy andnetworking programs of such institutions as the
Asia-Pacific Regional Resource Center for Human
Rights Education (ARRC), the Asian Regional
Exchange for New Alternatives (ARENA) and USC
Canada.

For further information, please contact: Yayasan
Lembaga Bantuan Hukum, Jalan Diponegoro No. 74,
Jakarta 10320 Indonesia; ph (6221) 421 4226/421
4227; fax (6221) 33-01-40; e-mail: "arief patra"
aquila_patra@yahoo.com; ekosob@ylbhi.or. i d ;www.ylbhi.or.id
Endnotes
1 See "Refleksi 25 Tahun YLBHI. Harus Bisa Jawab
Tuntutan Masyarakat" (Reflections on 25 Years of
YLBHI. It Must Be Able to Respond to Public
Demands), Kompas, 12 October 1995; "Menemukan
Sosok Masyarakat Madani" (Finding an Indonesian
Civil Society), Kompas, 17 August 2003; Tri Agung
Kristianto. "Ornop, Sebuah Citra Keterg a n t u n g a n "(NGO, an Image of Dependency), Kompas, 22 January
2003; "LBH dan Demokarasi" (LBH and Democracy),
GATRA Weekly Magazine, 16 March 1996 (No. 18/II).
2 See Adnan Buyung Nasution, "The Legal Aid
Movement in Indonesia: Towards the Implementation of
the Structural Legal Aid Concept", in A S E A N
Perspectives on Human Rights and Democracy inInternational Relations (Manila:Center for Integrativeand Development Studies and UP Press, 1995), pages
31 - 39; Ross Cranston, "Access to Justice in South andSoutheast Asia," Chapter 10 in Julio Faundez, ed., Good
Government and Law: Legal and Institutional Reform in
Developing Countries. (London: St. Martin's Press,
1996) pages 233-257; See also Richard J. Wi l s o n ,Jennifer Rasmusen and Scott Codey, Promoting Justice.
A Practical Guide to Strategic Human Rights
Lawyering. International Human Rights Law Group:(Washington, 2001) pages 10-11. Text in www.globalrights.org/site/DocServer/PJ_1-2.pdf?docID=184
3 Based on "Vision and Mission of YLBHI" Text in/www.ylbhi.or.id/index.php?cx=7&cy=1
4 Sharir, Bari Muchtar and Junito Drias, Perahu Retak
Kelompok Pro -Demokrasi (Rocking the Boat for Pro
Democracy Group"), September 25, 2002. Text in
www.rnw.nl/ranesi.htiml/gw_20020926
5 Ibid.
6 "Refleksi 25 Tahun YLBHI. Harus Bisa Jawab
Tuntutan Masyarakat", op. cit.
7 See Ucok Ritonga, "Sejumlah Kasus Menimpa Aktivis
LBH dan Kontras" (Some Cases for LBH and Kontras
Activitsts"), Tempo Weekly Magazine, 21August 2001.
8 On the violence and escalating tension in the postSoeharto era for instance figure out Elizabeth Fuller
Collins Indonesia: A Violent Cultur e ? Text in
www.scripps.ohiou.edu/news/cmdd/artikel_efc.htm#ftn2

The survival of the organization as well as advocacy
for poor people and for justice seekers free of charge
are the challenges facing LBH.
Soeharto's downfall on 21 May 1998 marked morechallenges. The event opened new chances andhopes to all Indonesians. Formally, the state has provided new procedures and mechanisms and newstate-supported institutions. They are considered
requirements of a democratic system and structure.
They include direct presidential election, direct election of the governors and regents, establishment ofConstitutional Court, Constitutional Commission,
National Law Commission, Corruption Eradication
Commission, and the like.
But the development of formal structures has yet toguarantee the protection of poor peoples' rights.
Corruption goes rampant under the regional autonomy system. Worse still, following Soeharto's
downfall, the intensity of communal conflict
increased as in the cases of the violence against
small ethnic groups, women, and poor communities.8
At the beginning of the transition period in 1998, thecases reported by the public to LBH increased significantly. Worse, assault committed by members of thestate apparatus and militias, or by unidentified perpetrators, against LBH offices escalated during thisperiod.
The structure of LBH was changed in October 2002
to meet these challenges. In the national workshop of
LBH in July 2004 it was asserted that the primary
program of all LBH offices now is to encourage thefulfillment and protection of economic, social andcultural rights. Of course, this does not put aside theprotection of civil and political rights. Modifying
Professor Lev's comment, it was really an incredible
fact that LBH could survive for 34 years.

Mr. A Patra M. Zen is the Vice Chairperson of the
B o a rd of Directors of the Indonesian Legal Aid-4-

India: People's Union for Civil Liberties
Pushkar Raj
he 1976 national emergency imposed in India by
Indira Gandhi, the then Prime Minister, was arude shock to a nation that had thrived on an uninterrupted flow of democracy in its national life since it
gained independence in 1947. Detention without trial
for a large number of people, news censorship, trespassing without legal sanction of private premises,
telephones, and letters, and constitutional amendment curtailing basic rights to life and freedom in thename of national security and crisis all ensued.

bers, or any concerned individual; publishes the findings of investigations and releases them to the press,
or makes them public by other means such as public
meetings (seminars and lectures); raises its voice
against various black-laws and lobbies for the enactment of progressive laws in the country and files
petitions in court on the basis of these investigations,or even otherwise.

T

PUCL member-lawyers prepare and argue cases in
the local court, High Courts and the Supreme Court.
They meet all the expenses in handling cases fromtheir own pocket. PUCL, as a matter of policy, does
not accept money from any funding agency, Indianor foreign. Individual contributions however are wel come. The members, the office bearer, and theactivists on their own meet all the expenses. For the
expenses on the activities of the national off i c e ,money is raised from sympathizers and members by
the way of donations.

Hundreds of thousands of people joined massive rallies to protest against the anti-democratic acts of thegovernment and to mobilize public opinion to safeguard the Indian democracy.
Birth of PUCL
With this background, a national seminar held on 17
October 1976 created the People's Union for Civil
Liberties and Democratic Rights (PUCLDR).

Undertaking the work
With the national emergency lifted in 1977, the elections that followed led to Gandhi's downfall andushered a new government headed by those who
spearheaded the movement against the emergency.
Many thought that the repression of the civil libertiesof the people has ended. But they were mistaken.
Credible reports compiled by a committee comprisedof people associated with PUCLDR showed that incertain parts of the country young boys labeled as'n a x a l i t e s' (extremists) were being killed. Thisbrought the need for a strong non-partisan civilrights organization to protect the rights of the people
that are always under attack irrespective of the typeof government in power. As a result, PUCLDR cameto be christened People's Union For Civil Liberties(PUCL) in a November 1980 conference.

PUCL does not simply react. To raise awarenessabout civil liberties and human rights among the
public and to bring to light the dedication and workof young journalists working in the area of humanrights, PUCL instituted in 1981 the Journalism for
Human Rights Award. It also organizes the annual J.
P. memorial lecture on human rights every 23rd of
March, the date of the lifting of national emergency
in 1977. Prominent human rights academician, or
lawyer, or prominent practitioner delivers the lecture.
PUCL publishes a monthly journal, the P U C L
Bulletin, in English. It is the only journal of its kindin the country and is read in human rights circles allover the world. The bulletin has published its 250th
issue.

With expanded membership and branches in almost
all the states of India, PUCL mobilizes public opinion in favor of a better climate for the protection ofcivil liberties in the country; energizes and creatively
uses existing institutions like the courts and the press
so that they may become more sensitive to thehuman rights situation in the country; conducts
investigations into incidents of violations of humanrights reported by victims, the press, PUCL mem-

During the 1980 conference, PUCL requested Justice
V. R. Krishna Iyer (Retired) to work on the preparation of a new Prison Act and Jail Manual. It also
started a campaign against the National Security Act(NSA) as it was being used against the trade union
activists in the state of Madhya Pradesh, then thel a rgest state in India. In the same year PUCL
approached the Supreme Court hoping to get a clear--5-viewed the telephone tapping by the government
seriously and subsequently petitioned the Supreme
Court against it. It actively campaigned for the setting up of a high-powered and autonomous National
Human Rights Commission (NHRC) and formulated
pre-conditions for a purposeful commission. PUCL
pointed out the lacunas in the mandate, composition
and functioning of the NHRC that came into existence. But it decided to co-operate with it while
continuing to work for suitable changes in theProtection of Human Rights Act, the law that createdthe NHRC. In recognition of its services, Vigil India
Movement awarded in July 1994 the first M.A.
Thomas Human Rights Award to PUCL.

cut stand on liberalizing locus standi. The issue cameout in the wake of a journalist buying a woman todemonstrate that trafficking in women is a fact. This
was an important step in expanding the sphere of
public interest litigation and giving boost to judicial
activism in the country.
This set the tone of the work of the organization in
the years to follow. In July 1981 the Bombay PUCL
approached the Bombay High Court to stay the eviction of pavement dwellers in the midst of heavy rainin the city. PUCL also asked the courts for adoptionof rehabilitation scheme and order proper compensation for evictees.

PUCL has been at the forefront of improving healthfacilities of the people, especially the vulnerable sections of society. On PUCL's petition, the court
instructed the New Delhi Administration to take
immediate steps in setting up a mental hospital-cummedical college in New Delhi with suficientautonomy to bring quality change in the condition of
the inmates. This included changing the name of thehospital from Shahdara Mental Home to Institute of
Human Behavior and Neuron Sciences.

PUCL, along with some other organizations, were in
the forefront of the protest against issues related to
the 1982 Asian Games in New Delhi including ban
on demonstrations, use of Essential Services
Maintenance Act, and payment of minimum wages
to the workers engaged in construction work.
In 1983 the PUCL took part in a detailed study on
child labor in Sivakashi, a district in the southernstate of Tamil Nadu, where a large number of children were reportedly employed in the firecracker
manufacturing industry. It also made another study inthe eastern state of Assam, where ethnic violence
erupted and large number of people including children and women were victims of human rights
violations by non-state actors as well as security
forces.

PUCL was able to make the government of Manipur
pay compensation to the families of the victims of"fake encounters" with the military. It also condemned "liquidation or fake encounters." It made alandmark intervention in the case of widespread starvation deaths while the godowns (food stores) of
Food Corporation of India were overflowing withgrains. It led to the launching of nationwide program
to ensure provision of food to stem the deaths, with
Supreme Court monitoring. This is a case of violation of right to food, which leads to violation of rightto life.

PUCL and the People's Union for Democratic Rights
made a thorough investigation and produced a report(entitled Who are Guilty?) on the large scale killingof Sikhs by mobs allegedly supported by politicalparties (more than 3,000 Sikhs were killed in Delhi
alone) during 31 October to 3 November 1984 period after the assassination of Indira Gandhi. In 1987,
PUCL investigated the communal riots in
Hasimpura, Meerut and other areas near Delhi. In
1988, PUCL took a leading part in the struggle
opposing the obnoxious practice of sati.1 It protested
against the burning of a woman named Roop
Kanwar and has been fighting battle in the courts to
get the perpetrator of the crime convicted.

In November 2004, PUCL successfully petitioned
the Supreme Court to instruct all the state governments to ensure that all children in primary schools
get mid-day meal without interruption. The court
also told the state governments that they cannot
make the excuse that they have not received therequired funds.
Considering the importance of the right to information in a democracy, PUCL was able to make theSupreme Court uphold the citizens' right to know theantecedents of candidates who are contesting
Parliament/Legislative Assembly elections to enable

In the 1990s PUCL brought out reports on humanrights violations in Jammu and Kashmir, and oncommunal riots in Aligarh (Uttar Pradesh), Bombay(Maharastra) and other parts of the country. It-6-decline in getting new volunteer members. Earlier,people would seek out the organization, become
members and devote time and resources voluntarily.
Now they have to be asked to become part of theorganization. This affected the frequency of its activities. One reason for this situation is the rise of
lucrative NGO movement in the country. In order totackle this problem, PUCL is targeting schools andcolleges to reach out to the young students andarouse their interest, awareness and education
regarding the human rights situation in the country
and how their sensitivity in this field can make a difference.

them to make the right choice by declaring amendments to certain sections of the Representation of
People's Act 1951 unconstitutional. As a result, allcandidates in the 2004 elections for the Parliament
filed for the first time affidavits stating the criminalcases filed against them, if any, and the assets thatthey possess.
Challenges
With growing emphasis on "privatization" in all
walks of life, the rights of poor people have comeunder severe stress. Protests due to rising rural andurban poverty and shrinking employment opportunities are met with laws that limit the scope of protest.
The state has not only been showing insensitivity but
also a degree of intolerance in this regard. This is aserious challenge for PUCL. The task becomes more
daunting because it involves launching systematic
campaign to educate those who matter in influencing
public opinion and are not adversely affected bythese policies.

Mr. Pushkar Raj is the Secretary of People's Union
for Civil Liberties (PUCL-India).
For further information, please contact:Y. P.
C h h i b b a r, General Secre t a ry, PUCL, 81, Sahyog
Apartments Mayur Vihar, Delhi 110091; ph (9111)
22750014 / 09868120140; email:puclnat@yahoo.com, rajpushkar@rediffmail.com;
pucl.org

The state has been dealing with terrorism as a law
and order problem without considering the socioeconomic factors. Its actions have become more
strident after the 2001 September 11 attack in the
U.S. Anything in the name of anti-terrorism is condoned such as the Prevention of Terrorism Act(POTA), which has been used against the peoples e l e c t i v e l y. Similarly, the number of cases of"encounter" deaths in various parts of the country
has risen, many encounters were allegedly faked.

Endnote
1 A custom in the western state of Rajasthan encourag-ing widows to sit on the funeral pyre of their deceased
husbands and die.

Much of the civil liberties problems in India revolvearound non-adherence to the rule of law. The police
lacks autonomy of action as it remains under the
influence of politicians. The police investigation process remains problematic in terms of professional
standards. Recommendations for police reform by
the Police Commission have remained unimplemented. Similarly, millions of cases are pending in courts.
As a result, victims do not get justice and culprits goscot- free. The country urgently needs a campaign toreform its criminal justice system so that adherence
to the rule of law is ensured and the civil and humanrights of the people are protected.
PUCL being a member-based and member-fundedorganization is facing the problem of resources material as well as human. There has been a steady-7-

Lawyering for Human Rights
Jefferson R. Plantilla
he current anti-terrorism campaign raises once
more the spectre of law as a tool for humanrights violations. Decades earlier, several governments in Asia trumpeted national security as
justification for the curtailment of human rights. The"guided democracy" concept of Indonesia and the"constitutional authoritarianism" of the Philippines
are examples. Both facilitated the massive violationsof human rights in the name of saving the country
from the threat of communist take-over. In SouthAsia, India's "national emergency" led to sudden
increase in human rights violations.

T

National security laws in Singapore, Malaysia andsouth Korea, enacted in the 1960s, legalized arrest
without court warrant and detention without trial.
They remain at present.
There are legal changes however. The 1987
Philippine Constitution, the 1992 Thai Constitution
and the 1997 Fijian Constitution have provisions
aimed at preventing the repeat of their bitter experiences on human rights violations. They also provide
the mechanism (mainly in the form of national
human rights institution) to protect and promote
human rights. Several other governments enacted
laws creating national human rights institutions andprotecting vulnerable sectors of society especiallychildren and women.
The Advisory Council of Jurists of the Asia-Pacific
Forum of National Human Rights Institutions (APF),
which advises members on the interpretation andapplication of international human rights law, is a
new development in the field of law and humanrights in the Asia-Pacific.

ance and extra-judicial execution. This work termed"fire fighting"1 was a much-needed legal response to
massive violations of human rights. Many of thecases they handled were on civil and political rights.
Governments found it convenient to disregard due
process in clamping dissent by simply citing national
security. It was in this context that lawyers who provided legal aid were exposing themselves to the very
problems they were addressing. A number of theselawyers were arrested, detained and even killed.
In Southeast Asia, well-known legal personalities
formed the Regional Council on Human Rights in
Asia in 1982. The Council elevated national humanrights work to the regional level to gain more attention from the international community. It adopted the
Declaration of the Basic Duties of ASEAN Peoples
and Governments in 1983, that describes the generalfeatures of the then human rights situation inSoutheast Asia, and provides a perspective on how
human rights should apply to the subregion.
Widened view
While "fire fighting" was indeed necessary, and continuous to be so up to the present, many lawyers
understood that the problem is structural in nature.
The approaches developed from the late 1970s therefore went beyond the usual court-centered approach,emphasized much more the collective welfare ofpeople, and covered a wider range of human rights.
They are known by different names - legal resources
approach, structural legal aid, developmental legal
advocacy, and alternative law.

Lawyers at the frontline

The legal resources approach is defined as "thedevelopment of community knowledge and capacity
to make use of the law." Towards this end, thelawyer will have to be:

Lawyers figured prominently in the midst of flagrantviolations of human rights in the decade of the
1970s. They were swamped with cases of illegal
arrest, arbitrary detention, torture, disappearance,
violent dispersal of demonstrations or any form of
public assembly, and even media censorship. They
had to quickly provide legal aid to cases of arrests toavoid more serious problems of torture, disappear-a. an advocate of collective demands and group interests, both in courts and in administrative, legislativeand other institutions,b. an educator helping to develop community awareness and knowledge of relevant laws and helping totrain community para-professionals,
c. a critic of proposed or existing legislation andadministrative actions which impinge on the human

But the problem of human rights violations remains.

-8-Many legal organizations undertake non-formal legal
education programs to help marginalized communities gain both knowledge and skills in using law toprotect and assert their rights. They develop paralegals who can assist not just lawyers but their own
communities in addressing their problems. The paralegals are trained to provide "legal first aid."6 They
also use mass media such as local radio programs toreach more people in the rural areas. Seminars andforums are also held along with the publication oflegal education materials.7

rights of impoverished groups,
d. a law reformer asserting claims for change in legislation and state structures, ande. a jurist developing new jurisprudential concepts
needed to realize the right to development. 2

Indonesian legal practitioners promoted the conceptof structural legal aid. It consists of a series of programs "aimed at bringing about changes, both legal
and in other lawful ways, in the relationships which
form the bases of social life, towards more paralleland balanced patterns." 3With the same educational effect, legal organizations
handle court cases as part of public advocacy. Highprofiled court cases record human rights abuses andincite public debate. The case, for example, of awoman who was gang raped upon the order of a traditional village court brought to the Pakistani public
the brutal practices against women.8

Another concept is developmental legal advocacy
which is derived from a "structural perspective on
the causes of injustice and an instrumentalist view ofthe law." It "emerged to address the inadequacies inthe existing provision of legal aid by focusing on
structural change to remedy injustice and theempowerment of the communities concerned toeffect such change."4Legal organizations lobby for new legislations that
implement international human rights instruments.
These efforts relate to indigenous peoples, people
with disabilities, children, urban poor, women andother sectors. Some also lobby for the establishmentof human rights mechanism at the national 9 a n dregional levels.

The concept of alternative law is considered "... partof the alternative structures (national and international) essential to achieving "alternative development,"
i.e., development which is human and humane, equitable, based on self-reliance, realized throughparticipation, and achieved in a manner that is environmentally sustainable. Alternative law thus
represents a clear and uncompromising break frompresent-day law."5

L AWASIA proposed unsuccessfully in the 1980s
through the draft Pacific Charter on Human Rights
the creation of an appropriate human rights mechanism for the south Pacific states as a whole. In the
1990s, it led the ASEAN Human Rights Mechanism
Initiative. LAWASIA and partner organizations arehoping that ASEAN would eventually adopt thismechanism.

These approaches have generally been used by legalorganizations in South and Southeast Asia.
Women's rights advocates of the Asia-Pacific Forumon Women, Law and Development (APWLD) promote "Feminist Legal Theory and Practice" to help
women's rights legal advocates and activists in theiruse of legal strategies to address women's concerns,
and enhance their skills to effectively challenge discriminatory laws and practices in their countries byapplying international human rights instruments thathave contributed to the advancement of women's
rights. Environmental law groups also provide an
example of new area of work on law focusing on theimpact of environmental destruction on the rights ofcommunities dependent on natural resources specifically the indigenous peoples, fisherfolk and upland
farmers.

Challenges
International human rights law provides humanrights lawyers with an important role in translating it
into domestic laws. Their experience in human rights
lawyering provides a significant perspective on how
international human rights standards should be
fleshed out in the context of national legal peculiarities. Their advocacy, in courts or outside, can help
educate judges as well as fellow lawyers and otherlegal professionals on the importance and applicability of international human rights standards. They canwork with national human rights institutions, where
they exist, and/or related institutions on the review ofdomestic laws based on international human rights
standards. While some legal organizations are

Areas of work-9-

already engaged in this process, the challenge lies inmaintaining this momentum to cover many moreissues and laws, and encouraging law reform incountries where this process has not been started. It
may be good to have a regional networking systemthat would facilitate exchange of information on law
reform initiatives in different countries.
Human rights lawyers should also be involved in
judicial training (for judges in the lower courts atleast). Citing the experience of India, they can point
to judicial activism as an important idea to look into.
Law schools have to be brought into the humanrights field. The graduate courses on human rights inseveral Indian law schools, the encouragement toteach human rights courses in Chinese law schools,
the elective subjects on human rights in a few law
schools in the Philippines, and the development of
the law school curriculum in South Asia to incorporate human rights10 are a few examples of initiatives
toward that direction. By and large, however,international human rights law has not been given
appropriate space in the legal education curriculum.
The lack of emphasis on human rights in the law
school is probably a major reason for the lack of support for human rights by lawyers in general.
Human rights lawyers work in partnership with nongovernmental institutions, people's organizations,law schools and university centers, and national
human rights institutions. Some partner institutions
may think that legal action is at least good in delaying the implementation of adverse government
decisions11 or that success in resolving problems is
not due to lawyers but to the affected peoples' struggle.12 These views remind lawyers that "structural"
human rights issues cannot be solved merely by litigation or other conventional legal measures.
"Alternative" legal measures have to be developed inpartnership with those deprived of justice, and theirsupporters.
M r. Jefferson R. Plantilla is a staff member of
HURIGHTS OSAKA.
For further information, please contact HURIGHTSOSAKA.

Work out a Human Rights Education Program in
Schools?"in Human Rights Education in Asian Schools,
volume one (Osaka: HURIGHTS OSAKA, 1998).
2 This definition was drawn up in an International
Commission of Jurists seminar held in The Hague in
May 1981. See also Clarence J. Dias, "Realizing theRight to Development: The Importance of Legal
Resources," in Development, Human Rights and theRule of Law (Oxford: Pergamon, 1982), pages 193-197.
3 Buyung Nasution (1985) "The Legal Aid Movement inIndonesia: Towards the Implementation of the Structural
Legal Aid Concept," in H. Scoble and L. Wiseberg, eds.,
Access to Justice - The Struggle for Human Rights inSoutheast Asia (London: Zed Books Ltd., 1985) page,36.
4 Free Legal Assistance Group- 1974-1994, (Manila:
Free Legal Assistance Group [FLAG], 1994), page 8.
Jose W. Diokno originally used the name developmental
legal aid. But FLAG later on changed the word aid to
advocacy.
5 Clarence J.Dias, "Alternative Law for People's
Empowerment," in. Jose V. Aspiras, ed, Law as Weapon( Makati: PROCESS, 1992), page 23.
6 See D.J. Ravindran ed., A Handbook on Tr a i n i n g
P a r a l e g a l s, (Geneva: International Commission ofJurists, 1989).
7 See Golub, S. and McQuay K., 2001, 'Legal
Empowerment: Advancing Good Governance andPoverty Reduction,' in Law and Policy Reform at the
Asian Development Bank, 2001 Edition, -available atwww.adb.org/Documents/Others/Law_ADB/lpr_2001.as
p?p=lawdevt
8 See Asma Jahangir, "Mukhtar Mai- Challenging Tribal
Code of Honor," Time Magazine, 11 October 2004, page43.
9 The lobbying being done by The Japan Federation of
Bar Associations for the establishment of a national
human rights institution in Japan is an example, visit
www.nichibenren.or.jp/en/about/justice.html
1 0 See the Kathmandu School of Law website(www.kslnep.org) for more details on this initiative.
11 See Ted Anana, "Struggling for Housing Rights in
Asian Cities," volume 34, FOCUS Asia-Pacific (Osaka:
2003).
12 See S. Arutchelvan, "Malaysian Plantation Workers
and Judicial Resources," volume 34, FOCUS AsiaPacific (Osaka:2003).

Endnotes
1 See Chitral D. Perera, "What Motivated the MDDR to-10-

ODA for the People's Right to Live in Peace
Kiyokazu Koshidat is said that Japan was able to rebuild the country
after the second world war with the help of WorldBank (WB) loans. 1 The loans helped build theTokaido Shinkansen (Express Train) Railway as wellas the Tomei Expressway. And Japan paid back all
its loans. Regarding countries receiving Yen loans,such as the Philippines and India, the Japanese government emphasizes that efforts to repay borrowed
funds would help them in their "economic development" just as they did to Japan. This idea of"self-help" is not limited to the Japanese Ministry ofForeign Affairs (MFA). The brochure issued by the
Tokyo Office of the WB totes Japan as an example
of its success, with a photo of the shinkansen.
Academics in the field of official development assistance (ODA) also emphasize this concept.

I

According to one scholar, Japan's concept of "selfhelp" arose from the confidence it gained in having
achieved economic development after the second
world war. Japan became a member of the WorldBank in August 1952, and borrowed funds for postwar reconstruction. In the 1950s those funds wereused for steel and automobile industries, shipbuilding and dam constructions. Later in the 1960s, themajor beneficiaries of the loans were the road andtransport sector, for such projects as the constructionof the Meishin Expressway and the To k a i d o
Shinkansen. Based on this experience, Japan emphasizes "self-help" as one of the concepts of ODA.2

ment ministries and agencies, the road construction
projects have not ceased. WB is not solely to blame
for this situation, but it is the WB loans that createdthe groundwork for post-war public works usinglarge amounts of borrowed funds. The loans provided "speed" and "convenience" into the lives of theJapanese. But at the same time, they brought about
an undemocratic system of dubious flow of funds,
centralization of power to the bureaucrats, and decision-making behind closed doors. This aspect of thedevelopment needs to be paid closer attention.
Unique features of Japan's ODA
The 50-year history of Japanese ODA started in
1954 when Japan participated in the Colombo Plan3,
an international organization for economic development of Asian and Pacific countries. War reparations
to the Philippines, Vietnam, Burma and Indonesia
also started that year. For countries which did not
claim war reparations, such as Laos and Cambodia,
Japan began to extend aid grants as a form of quasireparation. These were not paid in cash, but in(Japanese) products and development projects. It in
effect built footholds for later operations by Japanesecompanies abroad, for their exports and participationin economic infrastructure construction projects.
These reparations were the starting point of Japanese
ODA. The prevalence of economic infrastructure
construction projects, such as dams and roads, is aunique feature of Japanese ODA.

What the development aid achieved
The shinkansen and the expressways no doubt benefited the people of Japan. But from another point ofview, did these projects bring about democratic politics, just prosperity or social equality?
Japan continued with big public construction projects including more shinkansen and expressways.
This led to a government deficit of over 700 trillion
Yen, including government bonds and loans, anamount most people deem impossible to repay. Thus
while the Japanese government insists that ODA
recipient countries pay back their loans, it has
already given up on paying its own loans. The Japan
Highway Public Corporation, in particular, is the target of harsh criticism for continuing to borrowmoney to build superfluous expressways. But
because of the existing structure of vested interests
among the politicians, business people, and govern-

The concept of "self-help" emphasized by the MFA
and others is in reality loan being offered to Asianand other countries to undertake public works projects.
Out of the total Japanese ODA fund, the grant ratio
is extremely low, while the ratio for aid in the formof loans with interest is high. Most of donor countries have more than 90% grant ratio, while Japan
trails at 55.3%. Spain, which has the next lowest
rate, has 78.1%. The difference between Japan andother donor countries in the ratio of grants to total
ODA fund is striking.
Japanese ODA is funded from both the national general account budget and public investment and loans.
It uses money borrowed from postal savings andpension funds. This leads to the low grant ratio andrequires payment with interest for loans to enable the-11-Japanese government (Japan Bank of International
Cooperation as the actual implementing agency) to
repay the postal savings and other funds. That is why
the government urges repayment using the conceptof "self-help".
ODA reform on the 50th anniversary
At the October 2004 Tokyo symposium on ODA,
participants from Indonesia and the Philippines highlighted the destruction of the environment andpeople's lives as well as forced evictions brought
about by dam construction projects funded by
Japanese ODA (Yen loans in particular). The construction of a huge bridge in Bangladesh caused
similar problems.
These problems have been pointed out more than 20
years ago, and yet they repeatedly occur in many
countries. The call for a fundamental review of the
ODA has been made around the world based on theview that it does not respond to the really urgent situations and needs of the people.
The low grant ratio and emphasis on economic
infrastructure projects in Japanese ODA should bechanged. Assistance should eliminate inequality inthe world, specifically eradicate poverty and create
peace. For that purpose, Japan must increase grants
on direct services for poverty eradication.
This is not a novel idea.
This idea has been globally agreed upon at the UN
Millennium Assembly in September 2000. Countries
around the world including Japan adopted theMillennium Declaration, and committed themselves
to eliminating poverty, promoting the dignity andequality of human beings, and working towards
achieving peace, democracy as well as sustainable
development. The Millennium Development Goals
that came out of the Declaration set forth specifictargets, such as reducing by half the number of people suffering from extreme poverty and starvation by
2015, and required countries to strive further to eradicate poverty around the world. Japan should jointhese efforts and explicitly include poverty eradication as the target for aid. The 50th anniversary ofJapanese ODA should provide an excellent opportunity to do this.
Just before the October 2004 Tokyo symposium, theReality of Aid-Asia Pacific3 issued a statement after
a 3-day conference calling for an ODA "worthy of-12-public trust and support." The statement refers to thePreamble and Article 9 of the Japanese Constitution
and proposes "peace and harmony," "prosperity forall" and "just and democratic society" as the visionsof future ODA. It also proposes "people-centeredness," "focus on the poorest," "addressing universal
human concerns and issues," "preventing injustice"and "aid as an entitlement to the poor" as specificprinciples.
The statement reflects the critical view of people
from other countries in Asia on Japanese ODA.
There is a strong concern about the increasing influence of national-interest arguments (i.e., ODA
should contribute to securing security and prosperityof Japan) as well as the militarization of aid (such asprioritizing reconstruction assistance to Iraq in the"war against terror").
One of the proposed principles in the statement, "aidas an entitlement to the poor," can be related directly
to the right of the people to live in peace, mentioned
in the Preamble of the Japanese Constitution. The
50th anniversary of Japanese ODA should be an
opportunity to work further for an ODA that contributes to the realization of the people's right to livein peace.
Mr. Kiyokazu Koshida is a Board Member of the
Pacific Asia Resource Center (PARC).
For further information, please contact: PARC, 3F,
Toyo bldg., 1-7-11 Kanda Awaji-cho, Chiyoda-ku,
Tokyo, Japan, ph (813) 5209-3455; fax (813) 52093453; e-mail: parc@jca.apc.org; www.parc-jp.org
Endnotes
1 Speech of a Japanese Ministry of Foreign Aff a i r s(MFA) representative, Mr. Mitsuhiro Wada, Director,
First Country Assistance Planning Division, Economic
Cooperation Bureau, in an international symposium onJapanese Official Development Assistance (ODA) heldin Tokyo on 9 October 2004.
2 Toshio Watanabe, Yuji Miura, ODA: Nihon ni nani ga
dekiru ka (What Japan can do), (Tokyo: Chuko Shinsho,
2003) page 46.
3 See http://www. c o l o m b o - p l a n . o rg for more details
about Colombo Plan.
4 This network publishes the semi-annual report T h e
Reality of Aid.

7th International Conference for
National Human Rights Institutions
Makoto Kondo
he 7th International Conference for National
Human Rights Institutions (ICNI) was held on
14-17 September 2004 in Seoul. The main topic of
the conference was "Upholding Human Rights during Conflict and while Countering Te r r o r i s m . "Discussions essentially focused on the role of national human rights institutions in such circumstances.
There were 5 working groups focusing on "Conflictand Countering Terrorism: Economic, Social andCultural Rights," "Conflict and Countering
Terrorism: Civil and Political Rights and the Rule ofLaw," "The Role of National Institutions in Conflict
Situations," "Migration in the Context of Conflict
and Terrorism" and "Women's Rights in the Context
of Conflict."T

The Seoul Declaration
The discussions at the 7th ICNI are summarized in
the Seoul Declaration, adopted on the final day ofthe conference. 1 The preamble of the Declaration
expresses the basic idea regarding human rights andterrorism. It provides that while recognizing terrorist
acts themselves as serious human rights violations,
measures to fight terrorist acts must be taken within
the framework of respect for human rights, fundamental freedoms and the rule of law. It further
provides that:
Terrorism has a devastating impact on the full range ofhuman rights, most directly the right to life and personal security. Respect for human rights and the rule oflaw are essential tools to combat terrorism. National
security and the protection of the rights of the individual must be seen as interdependent and interrelated.
C o u n t e r-terrorism measures adopted by the Statesshould therefore be in accordance with international
human rights, refugee, and humanitarian law.

The general principles section of the Declaration set
forth the following roles for national human rights
institutions: commenting on the human rights aspectsof security legislation, developing early warning
mechanisms and related operational guidelines,

examining violations of human rights committed by
States, providing human rights and humanitarian law
related advice to the parties in conflict, playing a certain role in the plans, strategies and mechanisms forthe peaceful and negotiated resolution of conflicts,
placing human rights concerns in a broader societal
context and focus also on the underlying causes of
the conflicts, and promoting a human rights culture,equality and diversity, and reflecting these principles
by having a fair and equitable representation of
women.
Relationship to Japan
There are already more than 10 treaties in addition to
UN General Assembly and the Security Council resolutions regarding the fight against terrorism.
However, terrorism and human rights have not been
a topic of serious discussions in Japan. And unfortun a t e l y, there is as yet no national human rights
institution in this country that can take part in suchdiscussions of international concern. Even if such an
institution is established in the near future, there is astrong concern on whether it will satisfy the Paris
Principles, and be eligible for recognition (and thus
have the right to vote) in the ICNI meetings. Active
participation in an international conference such as
the ICNI would also be a form of international cooperation by Japan regarding terrorism.
The ICNI
The first ICNI was held in Paris in 1991 to respondto the increasing need for cooperation among national human rights institutions. The objectives of ICNI
are (1) to develop and strengthen cooperation among
national human rights institutions, (2) to build andstrengthen friendship and solidarity among participants, (3) to discuss issues and (4) to ensure
follow-up at the national level. ICNI has been held
every two years as a general rule. All national humanrights institution are invited to attend. However,those that do not comply with the Paris Principles,2
including provisions on their independence, are not-13-

recognized as official national human rights institutions, and do not have the right to vote at theConference. In this sense, the Japanese national
human rights institution, which is currently under
debate, may be able to participate in future ICNI but
will not be able to vote unless it complies with therequirements under the Paris Principles.
The 7th ICNI was attended by participants from 39
national human rights institutions officially recognized by the International Coordinating Committee
for National Human Rights Institutions, observers
from 20 other national human rights institutions, representatives from 28 non-governmental organizations
from 16 countries and 8 other organizations from 7
countries, and representatives of the Office of theHigh Commissioner for Human Rights and the AsiaPacific Forum for National Human Rights Institutions.

The National Human Rights Commission of Korea
hosted the conference.

Mr. Makoto Kondo is a lawyer, and a member of theJapan Federation of Bar Associations.
For further information, please contact: HURIGHTSOSAKA, or please visit http://www.icni.org/index.jsp
Endnotes
1 See http://www.nhri.net.default.asp?PID=247
2 Principles relating to the status and functioning of

national institutions for protection and promotion ofhuman rights (1993 General Assembly Resolution,
A/RES/48/134)

EventsRecently Held Events
A meeting on "Cross-border Migration, Security, andHuman Rights in South Asia: Conceptual and Policy
Considerations" was held on 28 October 2004 in New
Delhi. Mr. Sujata Ramachandran, Department ofGeography, Queen's University, Kingston, Ontario,
Canada gave a presentation. He pointed out that theunderstanding of cross-border population movements
in many geographical contexts remains weak andfragmentary. South Asia is a good example where
documentation on current population flows acrossnational borders is virtually absent and outdated government policies on migrants and refugees continue tobe applied, often in an arbitrary and ad hoc manner.
The politicization of these migrations as a threat tonational security, especially in the case of undocumented Bangladeshis, and growing vulnerability of
migrants to the social forces of exploitation, present
additional challenges for South Asian states, scholars
and human rights activists.
For further information, please contact: Human
Rights Documentation, Indian Social Institute,10,Institutional Area, Lodhi Road, New Delhi - 110003
India; ph (9111) 24622379/ 24625015; fax (9111 )
24690660; e-mail: hru@unv.ernet.in

A meeting on "Global Human Rights and Ethnic
Social Movements: International Trends and Ethnic
Minorities in Japan" was held on 10 November 2004
in Tokyo. Dr. Kiyoteru Tsutsui (Assistant Professor,
State University of New York at Stony Brook) presented cross-national quantitative data analyses andqualitative case studies on ethnic minority groups inJapan. He examined how the diffusion of global
human rights ideas, intensification of international
activist networks, and the growth of international
instruments may have empowered ethnic minorities
and facilitated their political mobilization and how thegovernment has responded to these developments.
Several discussants gave comments on the presentation. The colloquium was jointly sponsored by theSocial Science Research Council Tokyo Office and
the Japan Foundation Center for Global Partnership.
For further information, please contact: SSRC Tokyo
Office, ph (813) 5562-3506;
w w w. j p f . g o . j p / j / c g p _ j / i n t e l / a b e / i n d e x . h t m l ;www.ssrc.org/fellowships/abe
The Asian Consultation on "Impact of Terrorism andA n t i - Terrorism Measures in Asia" was held in
Bangkok from 19 to 20 November 2004. The consultation reviewed and analyzed the development ofpeople's security situation since the previous
Consultation held in Nakhorn Nayok, Thailand in-14-

November 2002; shared information on existing campaigns, advocacy work and the current situation ineach country in Asia; jointly developed a platform of
discussion on Asian advocacy plan; and provided a
networking opportunity on key issues for campaign
and advocacy. The consultation was jointly organized
by SUARAM and FORUM-ASIA.
For further information, please contact: Forum Asia,
111 Suthisanwinijchai, Samsen-Nok, Huaykwang,
Bangkok 10320 Thailand; ph (662) 276-9846 to 47,
693-4940; fax (662) 693 4939; e-mail: info@foruma sia.org; www.forumasia.org
The Office of the United Nations High Commissioner
for Human Rights (OHCHR) organized an inter-sessional experts meeting on national human rights plansof action and human rights education in the AsiaPacific region in Bangkok, Thailand from 20 - 22
October 2004. The meeting assessed the usefulness ofa national plan of action for the promotion and protection of human rights at the national level; identified
key steps and components of a national plan of action,with a particular emphasis on human rights education
as a potential priority component of national humanrights action plan; shared and discussed practices in
the Asia-Pacific region concerning national humanrights plans of action (NHRAPs). The meeting examined experiences from the region on national humanrights plans of action, including obstacles to theirimplementation and lessons learned.
For further information, please contact: The Regional
Representative for Asia-Pacific, UN Office of the HighCommissioner for Human Rights, Room 601, 6th
Floor, United Nations Building, Rajadamnern nok
Road, Bangkok, 10200, Thailand, ph (662) 288 1235;
fax (662) 288 3009; e-mail: OHCHRBangkok@un.org; www.un.or.th/ohchr
A workshop on pressing communication rights issues
in the Asian region--including attacks on freedom of
expression and independent media--was held in
Manila on 4-6 August 2004. The workshop was entitled "Communication Rights: Asian Solidarity
Towards a Regional Agenda for Articulation andAction.", and brought together almost 40 participantsfrom 11 countries in Asia-Pacific (including Japan,
Korea, India, Nepal, Australia, Thailand, Cambodia,
Indonesia, Malaysia, East Timor, and the Philippines).

The workshop focused on several areas: freedom of
expression and media freedom; cultural diversity andplurality; so-called "intellectual property rights" andthe public domain of global knowledge; and, accessand finance issues in information and communications. Also discussed were community media(including community radio), Gender & ICTs, andInternet Governance. Reports were presented on thestate of communication rights in each country. The
participants also issued a statement in support of aThai colleague (Supinya Klangnarong of Thailand
who also attended) who returned home to face a million-dollar lawsuit for speaking out in the press
against government control of Thai media.
The workshop was organized by the Foundation forMedia Alternatives (FMA) in the Philippines, withsupport from the Campaign for Communication
Rights in the Information Society (CRIS Campaign),
Bread for All (Switzerland), and the World Allianceon Christian Communication (WACC).
For further information, please contact: FMA, #12
X a v i e rville Avenue cor. Pajo St., Loyola Heights,
Quezon City, Philippines, ph (632) 435-6684; ph/fax(63-2) 433-2192; www.fma.ph;
www.apc.org/english/news/index.shtml?x=26285
The 10th International Women & Health Meeting(IWHM) was held on 21-25 Dec 2004 in New Delhi.
The meeting tried to emphasize women's health as afundamental right. The discussions were organizedaround five focal themes: public health, health sector
reforms and gender; reproductive and sexual healthrights; the politics and resurgence of population technologies; women's rights and medical technologies;
and violence (from state, militarism, family and'development') and women's health.
For further information, please contact: Secretariat,
10 IWHM, India, c/o Sama Resource Group for
Women and Health, G-19, 2nd Floor, Saket, New
Delhi 110 017, India, ph (9111) 55637632,55637633;
ph/ fax (9111) 26562401; e-mail:coordinator@10iwhmindia.org; convenorsecretari at@10iwhmindia.org; www.10iwhmindia.org-15-

HURIGHTS OSAKA ACTIVITIESOn 19 January 2005, HURIGHTS OSAKA held a seminar on the World Programme for Human Rights Education,
which was proclaimed to begin on 1 January, 2005 at the UN General Assembly last December 2004. Speaking at
the seminar was Mr. Kazunari Fujii, Representative of Soka Gakkai International (SGI) Geneva Office. He was oneof the experts who participated in finalizing the draft Plan of Action for the First Phase of the Programme.

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HURIGHTS OSAKA, inspired by the Charter of the United Nations and the Universal Declaration of Human
Rights, formally opened in December 1994. lt has the following goals: 1) to promote human rights in the AsiaPacific region; 2) to convey Asia-Pacific perspectives on human rights to the international community; 3) toensure inclusion of human rights principles in Japanese international cooperative activities; and 4) to raisehuman rights awareness among the people in Japan in meeting its growing internationalization. In order toachieve these goals, HURIGHTS OSAKA has activities such as Information Handling, Research and Study,
Education and Training, Publications, and Consultancy Services.

HURIGHTS OSAKA

HURIGHTS OSAKA(Asia-Pacific Human Rights Information Center)
1-2-1-1500, Benten, Minato-ku, Osaka 552-0007 Japan
Phone: (816) 6577-3578 Fax: (816) 6577-3583
E-mail: webmail@hurights.or.jp
Web site: http://www.hurights.or.jp