UN Special Procedures Communications to ASEAN States (March — May 2018)

Shiwei Ye
Shiwei Ye
Aug 31, 2018 · 4 min read

12 communications sent

7 ASEAN States received communications

4 ASEAN States replied

23 individuals cases raised

18 Special Procedures mandates sent communications

Before the start of each of its regular sessions, the Human Rights Council publishes letters or appeals that its human rights experts (known as Special Procedures) sent to governments and other actors regarding individual cases of alleged human rights violations, laws and practices, or thematic issues. The UNHRC’s next session (39th) starts on 10 September 2018.

These communications and any replies from the concerned governments or other actors are published on a searchable database and summarized in a communications report, the latest of which covers communications sent between 1 March 2018 and 31 May 2018 and their replies received until 31 Jul 2018.

During the reporting period, Special Procedures sent communications to the following ASEAN States:

Cambodia (2 sent, 0 reply)

Indonesia (2 sent, 2 replies)

Malaysia (1 sent, 1 reply)

Myanmar (1 sent, 0 reply)

Philippines (2 sent, 1 reply)

Thailand (1 sent, 0 reply)

Viet Nam (3 sent, 1 reply)

Below are the hyperlinks to the full texts (PDF) of these communications and replies:

Cambodia:

  1. Joint open letter concerning the the Draft Minimum Wage Law (the “Draft Law”), which contains provisions that may unduly restrict public discourse on minimum wage and associated labour issues.
  2. Joint urgent appeal raising concerns relating to specific individuals and media outlets that may unnecessarily and disproportionately restrict the right to freedom of expression, including the arrest, detention and conviction of individuals based on the misuse of the law, which is incompatible with Cambodia’s obligations under international human rights law.

Indonesia:

  1. Joint allegation letter concerning the sentencing of environmental human rights defender, Heri Budiawan, for crimes against state security in East Java, as well as of land rights defenders, Messrs. Nur Aziz, Sutrisno Rusmin and Mujiono, for illegal logging and destruction of the forest land in Central Java.
  2. Joint allegation letter concerning alleged violation of the rights to life, to health, and to a clean and safe environment, of coastal residents resulting from burning, exposure to toxic fumes and smoke, and contamination resulting from an oil spill on the Balikpapan Bay in East Kalimantan, Indonesia. Government replies in May and July 2018.

Malaysia:

  1. Open letter concerning the 2018 Anti-Fake News Bill (« the Bill »), which contains provisions that seemingly do not comply with international human rights standards on freedom of expression, and may lead to censorship and the suppression of critical thinking and dissenting voices. Government reply.

Myanmar:

  1. Joint open letter concerning a draft law on International Non-Governmental Organizations (INGOs) which, if it enters into force might have an important adverse impact on INGOs in Myanmar.

Philippines:

  1. Joint allegation letter oncerning vilifying public statements and threats made by President Rodrigo R. Duterte targeting human rights organisation Karapatan. Government reply.
  2. Allegation letter concerning the alleged threats and the ongoing process of impeachment against Ms. Maria Lourdes Sereno, Chief Justice of the Supreme Court of the Philippines, as a result of her professional activities in defense of the independence of the judiciary.

Thailand:

  1. Joint allegation letter concerning the recent court decision issued against human rights defender Mr. Andy Hall, imposing a disproportionately high award for damages for having monitored and reported on the precarious working conditions of migrant workers in the food processing industry in Thailand.

Viet Nam:

  1. Joint urgent appeal concerning the prison transfer, lack of access to adequate medication and poor conditions of detention of Ms. Nguyen Ngoc Nhu Quynh, also known as “Mother Mushroom”. Government reply.
  2. Joint urgent appeal concerning the trial of a group of six prominent human rights defenders: Mr. Nguyen Van Dai, Ms. Le Thu Ha, Mr Pham Van Troi, Mr. Truong Minh Duc, Mr.Nguyen Trung Ton, and Mr. Nguyen Bac Truyen, allegedly in relation to their activities as human rights defenders and pro-democracy activists.
  3. Joint urgent appeal concerning the situation of Mr. Ho Duy Hai, who is reportedly at risk of execution in the Socialist Republic of Viet Nam following judicial proceedings that do not appear to have fulfilled the most stringent guarantees of fair trial as well as to information received on the high numbers of death sentences handed down in Viet Nam, the continued application of the death penalty to crimes which do not meet the “most serious crimes” threshold.

The following Special Procedures mandate-holders sent communications to Southeast Asia governments (name of country which received a communication in parentheses):

  1. arbitrary detention (Cambodia, Viet Nam)
  2. business and human rights (Indonesia, Thailand)
  3. Cambodia (Cambodia)
  4. environment (Indonesia)
  5. executions (Viet Nam)
  6. freedom of opinion and expression (Cambodia, Malaysia, Myanmar, Philippines, Thailand, Viet Nam)
  7. freedom of peaceful assembly and of association (Myanmar)
  8. health (Indonesia, Viet Nam)
  9. human rights defenders (Cambodia, Myanmar, Philippines, Thailand, Viet Nam)
  10. independence of judges and lawyers (Cambodia, Philippines)
  11. migrants (Thailand)
  12. Myanmar (Myanmar)
  13. poverty (Cambodia)
  14. slavery (Thailand)
  15. terrorism (Philippines)
  16. torture (Viet Nam)
  17. toxics (Indonesia)
  18. trafficking in persons (Thailand)
Shiwei Ye

Written by

Asia-based independent human rights analyst, strategy advisor, trainer, and civil society consultant.

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