Opening Introductions:

Iris Almeida , Director of   Programs, Policy and Planning at Rights & Democracy, emphasized the   importance of building alliances for research, analysis and advocacy.   She suggested that this seminar is an important moment to identify   linkages between our different areas of expertise in the hopes of   better exchange on the key challenges facing Asia today. Ms. Almeida   noted that when regional human rights organizations met in Bangkok in   1993 in the lead up to the Vienna World Conference on Human Rights,   they expressed a strong will to work together to promote and protect   human rights across the region. Ms. Almeida said that she hopes this   seminar will renew these commitments and lead to the development of a   collaborative and strategic action plan for the next five years.

Mr. T. Rajamoorthy of Third World Network in Penang, Malaysia, observed that regionalism   is not a new phenomenon and he cited the examples of Europe and the   Americas. He noted that the evolution of regional cooperation has   accelerated since the end of the Cold War, particularly in Europe. With   regards to the emergence of regionalism in Asia, Mr. Rajamoorthy noted   that most cooperation arrangements take the form of trade and   investment agreements and that these have gained in significance since   the 1997 Asian financial crisis. Since 1997, the two most important   landmarks in the evolution of the Asian region are the Chiang Mai   Initiative for financial cooperation (which recently recommended the   creation of an Asian currency) in 2000 and the Association of Southeast   Asian Nations (ASEAN)- China free trade agreement in 2002.

The full text of Mr. Rajamoorthy's presentation is including with this report.

Dr. Mojanty   pointed to the emergence of new "Asian identity" stretching from Egypt   to Japan and Mongolia to Sri Lanka characterized by the rise of a new   middle class, the success of local entrepreneurs, the strengthened   voice of peasant and worker moments, and the growth of the woman's   movement. He reviewed current regional integration mechanisms such as   SAARC and the ASEAN and noted the emergence of sub-regional processes   such as the Shanghai Cooperation ( China , Russia, Kazakhstan,   Kyrgystan, Tajikistanan, Uzbekistan).

Dr.   Mohanty pointed out, however, that while these various processes do   address social and environmental concerns, they have so far failed to   address human rights. He also cautioned that Asian cooperation is often   threatened by bilateral disputes and by the vastness of the region. For   example, he said, Western Asia and Central Asia are often unrepresented   in the various forums and agreements, including the Boao Forum for Asia.

Panel 2: The Concept of Human Rights and its Relationship to Trade & Investment

Mr. Fernando pointed out that Asia   is home to many human rights violations, from torture and   extra-judicial killings to hunger and poverty. To the extent that trade   relations contribute to these violations, or lead to more inequity both   within and between nations, then the relationship between the state and   its people is of critical importance. Judicial processes must be   independent and free of corruption which is not the case in most Asian   countries. He noted that article 2 of both human rights covenants   emphasizes the importance of available remedies for human rights   violations, be those remedies judicial, legislative or administrative   in nature. Implementation of this principle is essential if people are   to ensure that trading agreements enhance their enjoyment of human   rights.

The full text of Mr. Fernando's presentation is included with this report.

Ms. Litong emphasized the primacy   of human rights treaties over other international agreements. She   highlighted article 103 of the UN Charter which states that "In the   event of a conflict between the obligations of the members of the   United Nations under the present charter and the obligations under any   other international agreement, their obligations under the present   charter shall prevail." Even the WTO agreement itself, she added,   specifies that its objective is to raise "standards of living".

Open discussion: Panels 1 and 2

Other discussion topics focused on increased   militarism in the region, the links between globalisation and security   arrangements such as the Asian anti-terror pact, the isolation of North   Asia within cooperation agreements and the weakness of regional human   rights protection processes. Some participants questioned whether or   not it is actually possible, from a theoretical point of view, to   negotiate rights-based trade rules given that the trade objective is   efficiency and the human rights approach requires special attention to   vulnerable groups, even if it is inefficient.

Panel 3: Political and Economic Analysis of Specific Trade Agreements

Mr.   Bose noted that 40% of South Asia's population lives in poverty and yet   there is no political will to work together to end poverty in the   region. The Independent South Asian Commission on Poverty Alleviation   was established in 1991 but it was not until 2001 - ten years later   - that its objectives were approved. Since 2001, regional   "non-cooperation" has characterized the effort to address poverty and   promote sustainable development in South Asia. For cooperation   agreements to succeed in their efforts to reduce poverty and promote   economic, social and cultural rights, they must free the movement of   labour, particularly from the least-developed countries in the region,   Bangladesh and Nepal.

Despite   this weakness, Corpuz noted the significance of the Chaing Mai   initiative mentioned earlier by Mr. Rajamoorthy. The proposal suggested   the establishment of an Asian Monetary Fund that would provide   emergency loans without conditionalities. A successful AMF would be a   positive development because it would decrease the influence of the   International Monetary Fund in ASEAN countries.

Gopal Siwakoti , Director of the Nepal Policy Institute in Kathmandu, reviewed the   current status of national human rights institutions in the region   describing them as lacking in political independence and specific   expertise in the field of human rights. These institutions, he added,   are focused primarily on civil and political rights and as such may not   provide the needed scrutiny of economic policy and its relation to   poverty and inequality in the region. These weaknesses undermine the   state's ability to adequately implement its obligations under the   International Covenant on Economic, Social and Cultural Rights.

Nimalka Fernando , of the   International Movement Against All Forms of Discrimination and Racism   in Sri Lanka, described the present human rights situation in Sri   Lanka, along with other political, economic and cultural   issues - patriarchy, migrant rights, racial and women discrimination,   self-determination, among others.

Open discussion: Panels 3 and 4

Instead, the general view was that civil society   and social movements in Asia should continue to concentrate their   energies on research coupled with public advocacy and grassroots   organizing. Participants agreed that cross-border and cross-sector   networking should be a key component of national and regional   campaigns. There was also strong agreement that civil society give more   attention to the monitoring of transnational corporations (TNC)   activities, particularly the activities of Asia-based TNCs.

Panel 5: Sector Case Studies

Peasant rights: Mr. Burhanudi of the Federation of Indonesian Peasant Unions in Jakarta, focused his   remarks on the issue of land rights which he described as the critical   issue facing peasants. The majority of peasants in Indonesia, he said,   do not own their land or they own very small pieces of land, on average   only .03 hectares. During the 1980's President Suharto attempted to   use technology to increase production and national food security.   Initially there was increased productivity, but it subsequently   decreased due to the use of pesticides and resulted in land degradation   and pollution. This in turn has resulted in loss of livelihood and   social disruption for the Indonesian peasant. With liberalisation of   the agricultural sector, Indonesian peasants have been further affected   by the expropriation of land for industrial farming, high production   costs, decreased agricultural subsidies, and low market price of goods.

Food Sovereignty: Mr.Gilbert Sape , Project coordinator at the Pesticide Action Network, Asia Pacific,   described the concept of food sovereignty as the right of people to   feed themselves and to determine the nature of the food they eat. Sape   described the campaign against genetically-modified food and the use of   pesticides which he said have resulted in 35 million poisonings a year,   mostly in Asia. Noting that TNCs develop, control and promote the use   of these products, Sape voiced scepticism at the recent Food &   Agriculture Organization recommendations that governments invest more   in such technology, cautioning that this recommendation could soon   become a conditionality for joining trade agreements. Sape described   upcoming initiatives aimed at popularizing the food sovereignty   movement - the Food Sovereignty Caravan beginning in Malaysia in   September and the Peoples' Convention on Food Sovereignty in November   in Bangladesh.

The human right to food : Mr. Colin Gonsalvez,   Director of the Human Rights Law Network in Delhi, reviewed the   situation in India saying that 80% of the population is living below   the normal calorie intake and 50% of children are malnourished. This,   he said, will have lasting effects on India's development. Recently,   the Supreme Court of India issued a variety of decisions aimed at   implementation of the human right to food. For example, the Court   directed that all primary school children should receive a handful of   rice each day. Nevertheless, India is poised to accept genetically   modified food and to abandon its public distribution system which is   one of the best in the world. Gonsalvez hopes that seminar participants   will agree to develop and promote a regional initiative on hunger,   including perhaps the drafting of a Regional Convention on the Right to   Food which could be used by parliaments to create right to food   programming as has been achieved in India.

Panel   5 resulted in a lively and engaged discussion focused largely around 3   issues - the human right to food and agricultural policy, the   accountability of transnational corporations to human rights law, and   the impact of the 2005 textile quota elimination on women workers.

Gilbert   Sape added that the loss of control over seeds is another reason why   farmers are losing hope. Sape noted that Monsanto is currently engaged   in 370 court cases in which they are suing farmers for using the very   seeds they have used for generations. Apo Leong added that a growing   number of farmers in China are resorting to suicide in response to new   pressures being imposed by local governments. Nevertheless, he added   that farmers are beginning to fight back using a variety of measures   such as blockades and demonstrations in order to make their points.

Apo   Leong countered, saying that he had no faith in international   instruments helping workers because those in the greatest need are   often those with no rights - migrants and other casual workers. Ramon   Bultron agreed, noting that many of the most flagrant abuses occur in   the context of sub-contracting by TNCs and it is therefore difficult to   bring cases against the parent company. Campaigning in the host country   is often the most effective measure.

Regarding the   Multi-Fiber Agreement and its impact on women, Apo Leong said that the   Committee for Asian Women, a non-governmental group based in Bangkok,   is following this issue. There is concern that western trade unions and   even some Asian trade unions are targeting Indian and Chinese workers   as the unfair beneficiaries of the agreement. This is not the case -   workers are enjoying the benefits of the agreement. There must be more   international solidarity and civil society should take up the challenge   of resolving the divide.

Bhutan:Ms. Radha Adhikari of the Human Rights Council of Bhutan, focused her presentation on the   plight of Bhutanese refugees in Nepal and the lack of progress towards   regaining their right to citizenship in Bhutan. Bhutan currently has no   constitution, no legal system and only one high court. Adhikari   explained that India is responsible for Bhutan's foreign relations   and security, guided by the Indian-Bhutan Treaty of 1949. In 1988   Bhutan issued its "one country - one people" policy which resulted in   discrimination against the southern Bhutanese who are primarily of   Nepalese descent. This led to an "ethnic cleansing" and the flight of   refugees to Nepal. There have been 15 rounds of negotiations between   Nepal and Bhutan but there is still no resolution to the problem. India   has not provided adequate leadership on this issue because of its own   economic interests in Bhutan, in particular the Chukka hydropower   project. The growing trade relations between Bhutan and South Asia   should be used to encourage a resolution of the refugee problem as well   as the development of democracy in Bhutan.

Cambodia : Gonzalo Solares of   the Catholic Relief Services in Cambodia reported that agriculture is   the main economic activity in Cambodia, employing 85% of the people and   contributing 37% to the GNP. Rice is the basic commodity. Currently,   the Government of Cambodia is in the application process for WTO   membership. The WTO accession agreement will require the reduction of   tariffs on all agricultural products and the elimination of all   domestic support for farmers. The only subsidies that would be   available to Cambodia are those under the Green Box provision for non   trade-distorting support, for example for training or research. There   has been no consultation between the government and civil society   during the accession process. The reduction of tariffs on rice will   certainly result in lower prices which is good for urban centres, but   it will put Cambodian farmers out of business. In order to reduce   production costs and raise productivity to improve competitiveness,   there must be investment in basic infrastructure such as roads. But   Cambodia does not have the resources for such projects and the   provision of resources does not factor into the WTO accession process.

Thailand :Witoon Lianchamroon of FTA-Watch in Bangkok outlined what he described as decreasing   respect for human rights and democracy under the current Thai   leadership. He pointed to the recent violence in southern Thailand as a   symptom of new policies which are imposed through a system   characterised by corruption and cronyism. In addition to being a member   of ASEAN, Thailand has entered into ten bilateral trade agreements,   including agreements with China and Australia. There are negotiations   ongoing with India and the United States. As a result of these   agreements, Thailand has eliminated tariffs on fruit, vegetables and   dairy. The United States is pressing for the opening of Thailand's   agricultural sector to genetically-modified food. One third of   Thailand's garlic and onion producers have already lost their   livelihoods; an estimated 100,000 dairy farms will close within ten   years and more than 2 million corn and soy farmers are expected to lose   their livelihoods to cheap GMO grain imports from the US. FTA-Watch is   a new organization that has been established in order to raise public   awareness of these issues.

Open Discussion: Panel 6

Some   proposals for regional collaborative initiatives were put forward for   consideration, including, for example: increased solidarity across   borders and sectors; conceptualization and promotion of alternate   development models; greater participation in anti-war movements; and   improved collaboration between intellectuals and activists. This   discussion forum set the tone for the strategy workshops that followed.

Seminar   participants were divided into 3 smaller groups and each group was   requested to respond to the same set of questions aimed at the   development of specific follow-up activities. The questions were:  

• Is it advisable to work together towards the creation of a regional human rights mechanism? If so, how?  
• Is   there usefulness in addressing globalisation through the lens of   regional cooperation initiatives such as SAARC and ASEAN? If so, how?  
• Is   there a need for Asia-wide or sub-regional coordination of civil   society activities around human rights in the context of globalisation?   If so, how?

The   closing plenary comprised reports from the three working groups   followed by a facilitated effort to synthesize the various responses to   the workshop questions. It should be noted that not all groups   responded fully to all questions and not all groups understood the   questions in the same way. Nevertheless, certain common trends emerged   and these were compiled for reference, to be used by individual   organizations or as ideas for collaborative initiatives depending on   interest. In addition, some workshops had agreed to assign   responsibility for some tasks, while others did not. It was therefore   agreed, as the first follow-up action, that a new email listserv   devoted to human rights in Asia, be established to facilitate ongoing   discussion and collaboration.

• Although   a formalized human rights mechanism in Asia would be a positive step   and welcomed by the group, the current political reality is such that   it is not advisable for civil society organizations to devote their   human and financial resources towards this goal at this time. There   was, however, some interest expressed in efforts aimed at making   national human rights institutions more effective.
• Participants   felt that there is a need to have better understanding of the regional   cooperation agreements and more analysis of their impacts. It was   important, they agreed, to keep the regional processes in mind when   developing advocacy positions around globalisation and human rights.   However, most participants were reluctant to adopt a focus on the   regional processes at the expense of attention to the multilateral   (WTO) and national grassroots organizing.  
• Everyone agreed that   greater coordination of civil society on a regional level would promote   popular understanding of the relationship between human rights and   economic policy in general.

Following the working group reports, the seminar participants formulated specific recommendations for joint action as follows:

1. Participants will exchange information via a listserve to be established by the APRN secretariat.  
2. Dependent   on financial resources, participants will meet again on the margins of   the ASEAN leaders' summit, with the aim of expanding the network of   civil society organizations interested in advocating human rights in   the context of regional integration.  
3. A process will be   developed towards the adoption of a regional "People's Charter". The   process will be an educational exercise beginning at the community   level and progressing towards a national and then regional civil   society statement of principles.  
4. Participants will lend their   active support to human rights defenders who oppose economic policy in   their countries and they will promote increased regional solidarity in   support of democracy movements in Burma, Nepal and Bhutan.  
5. Colin   Gonsalvez and Basil Fernando will submit a proposal to the group for   the establishment of a "hunger alert" or 'hunger early-warning   mechanism'.  
6. Glenda Litong and Edre Olalia will submit a   proposal for a case law database, which would include not only a record   of successful legal challenges based on human rights law in the region,   but also a compilation of relevant legislation from Asian countries.  
7. Participants   will, in their public policy and advocacy initiatives around   globalisation and its relationship to the war on terror, promote the   interdependence and indivisibility of human rights.  
8. Participants will, whenever possible, promote a human rights framework for development policy.  
9. Participants will collaborate in the formulation of human rights training for Asian youth.

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