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ELEVENTH ANNUAL MEETING

ANNUAL BUSINESS MEETING

31st July 2006 Suva, Fiji

CONTENTS 1. PURPOSE.............................................................................................................................................5

2. BACKGROUND ..................................................................................................................................5

3. STRUCTURE OF THIS PAPER........................................................................................................5

4. EVALUATION OF THE APF............................................................................................................5

5. ADOPTION OF AGENDA ................................................................................................................6 5.1 DRAFT AGENDA OF THE ELEVENTH ANNUAL MEETING................................................................7

6. CONFIRMATION OF ATTENDANCE..........................................................................................13

7. REPORT OF APF OPERATIONS ..................................................................................................14 7.1 INTRODUCTION............................................................................................................................15 7.2 ANNUAL MEETING OF THE APF ..................................................................................................15 7.3 GENERAL ADVISORY SERVICES ..................................................................................................17

7.3.1 Advice to Members ................................................................................................................17 7.3.2 Pacific Regional Workshop on National Human Rights Mechanisms...................................18 7.3.3 APF Mission to the Solomon Islands.....................................................................................18 7.3.4 APF Mission to Nepal............................................................................................................19 7.3.5 APF Missions to China..........................................................................................................19 7.3.6 APF Missions to Taiwan........................................................................................................20 7.3.7 APF Mission to Pakistan .......................................................................................................20 7.3.8 APF Mission to Timor Leste ..................................................................................................21

7.4 ADVISORY COUNCIL OF JURISTS .................................................................................................22 7.5 INFORMATION AND PROMOTION..................................................................................................23

7.5.1 General ..................................................................................................................................23 7.5.2 Forum Bulletin.......................................................................................................................23 7.5.3 Donor Update ........................................................................................................................24 7.5.4 Website ..................................................................................................................................24 7.5.5 Participation in APF Activities..............................................................................................25

7.6 INTERNATIONAL LAW DEVELOPMENT ........................................................................................25 7.6.1 New International Instrument on Disability ..........................................................................25 7.6.2 International Coordinating Committee of National Institutions............................................26 7.6.3 61st Session of the United Nations Commission on Human Rights ........................................26 7.6.4 UN Framework on Regional Human Rights Cooperation.....................................................27

7.7 TRAINING AND CAPACITY BUILDING ..........................................................................................28 7.7.1 Training Needs Analysis ........................................................................................................28 7.7.2 Internally Displaced Persons.................................................................................................28 7.7.3 Investigations Training..........................................................................................................30 7.7.4 Media and Communication Training.....................................................................................31 7.7.5 Training on the Prevention of Torture...................................................................................32 7.7.6 Regional Workshop on Trafficking ........................................................................................32 7.7.7 Raoul Wallenberg-APF Staff Training ..................................................................................32 7.7.8 Regional Staff Placements .....................................................................................................33 7.7.8.1 JNCHR visit to South Korea and India .............................................................................33 7.7.8.2 PICCR visit to New Zealand and Malaysia ......................................................................33 7.7.8.3 PICCR staff placement at the NZHRC..............................................................................34 7.7.8.4 Provedor of Timor-Leste visit to New Zealand .................................................................34 7.7.9 Palestine and Jordan .............................................................................................................34

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7.8 STRATEGIC MANAGEMENT .........................................................................................................35

7.9 EVALUATION OF EFFECTIVENESS ................................................................................................36 7.9.1 Internal Evaluations ..............................................................................................................36 7.9.2 External Evaluations .............................................................................................................36

7.10 FORUM COUNCILLORS.................................................................................................................37 7.11 FINANCES....................................................................................................................................38

7.11.1 Membership Fees ..............................................................................................................38 7.11.2 APF Independent Audit.....................................................................................................39

7.12 ADMINISTRATION........................................................................................................................40 7.12.1 Keeping Administrative Costs Down ................................................................................40 7.12.2 Employment ......................................................................................................................40

8. APF INDEPENDENT AUDIT..........................................................................................................42 8.1 PURPOSE .....................................................................................................................................43 8.2 AUDITED ACCOUNTS...................................................................................................................43

9. APF DRAFT STRATEGIC PLAN 2007 - 2009...............................................................................66 9.1 BACKGROUND.............................................................................................................................67

9.1.1 Purpose of the Draft Strategic Plan ......................................................................................67 9.1.2 Objectives ..............................................................................................................................67 9.1.3 Operations .............................................................................................................................68 9.1.4 Implementing the Strategy .....................................................................................................68 9.1.5 Monitoring and Evaluating the Strategy................................................................................69

9.2 STRATEGIC GOALS AND OBJECTIVES ..........................................................................................69 9.2.1 Mission and Vision ................................................................................................................69 9.2.2 Goals and Objectives.............................................................................................................70

9.3 OPERATIONS PLAN FOR 2007 - 2009 ...........................................................................................70 9.3.1 Current Operations................................................................................................................70 9.3.2 Future Operations .................................................................................................................70

9.4 ORGANISATIONAL PLAN FOR 2007 TO 2009 ................................................................................80 9.4.1 Membership ...........................................................................................................................80 9.4.2 Governance Structure............................................................................................................81 9.4.3 Management Structure...........................................................................................................82 9.4.4 Institutional Strengthening ....................................................................................................82

9.5 FINANCIAL PLAN FOR 2007 TO 2009 ...........................................................................................84 9.6 FUNDRAISING PLAN FOR 2007 TO 2009.......................................................................................84

10. ARRANGEMENTS FOR APF 11 ...............................................................................................85

11. ADVISORY COUNCIL OF JURISTS........................................................................................86 11.1 POSSIBLE REFERENCES TO THE ADVISORY COUNCIL OF JURISTS ................................................87

9.6.1 Regional or Sub-Regional Human Rights Instrument............................................................87 9.6.2 Human Rights Defenders .......................................................................................................87

12. OHCHR REPORT........................................................................................................................92

13. INTERNATIONAL COORDINATING COMMITTEE...........................................................93 13.1 INTERNATIONAL COORDINATING COMMITTEE............................................................................94

13.1.1 ICC Working Group on Treaty Body Reform....................................................................94 13.1.2 ICC Working Group on the Human Rights Council .........................................................94 13.1.3 ICC Accreditation Sub-Committee....................................................................................95 13.1.4 Proposed Amendments to the ICC Rule of Procedures.....................................................95 13.1.5 Election of APF Representatives to the ICC.....................................................................96 13.1.6 Update on the International Conference of NHRIs...........................................................98

14. MEMBERSHIP APPLICATIONS..............................................................................................99

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14.1 APF MEMBERSHIP PROCESS .....................................................................................................100

14.1.1 Background.....................................................................................................................100 14.2 NATIONAL SOCIETY FOR HUMAN RIGHTS OF SAUDI ARABIA....................................................102

14.2.1 Establishment..................................................................................................................103 14.2.2 Mandate ..........................................................................................................................104 14.2.3 Functions ........................................................................................................................104 14.2.4 Composition ....................................................................................................................105 14.2.5 Finances..........................................................................................................................109

14.3 COMPLIANCE WITH THE PARIS PRINCIPLES ...............................................................................109 14.3.1 Decree.............................................................................................................................110 14.3.2 Mandate ..........................................................................................................................110 14.3.3 Composition and Pluralism ............................................................................................111 14.3.4 Appointment ....................................................................................................................112

14.4 RECOMMENDATION...................................................................................................................113 14.4.1 Application Form............................................................................................................115 14.4.2 Decree.............................................................................................................................121 14.4.3 Constitution.....................................................................................................................122 14.4.4 Members..........................................................................................................................137 14.4.5 Organisational Chart......................................................................................................145 14.4.6 Annual Report .................................................................................................................147 14.4.7 Complaints ......................................................................................................................151 14.4.8 Budget .............................................................................................................................152 14.4.9 General Information .......................................................................................................155 14.4.10 Correspondence ..............................................................................................................159

14.5 PARIS PRINCIPLES .....................................................................................................................165 14.6 APF MEMBERSHIP RULES .........................................................................................................168

15. DISABILITY RIGHTS...............................................................................................................173 15.1 BACKGROUND...........................................................................................................................174

15.1.1 Intersessional Activities ..................................................................................................174 15.2 OVERVIEW OF THE 7TH SESSION .................................................................................................175 15.3 SUBSTANTIVE PROGRESS AND OUTSTANDING ISSUES ...............................................................177

15.3.1 National Monitoring .......................................................................................................177 15.3.2 International Monitoring ................................................................................................178 15.3.3 General Obligations........................................................................................................178 15.3.4 Other Issues ....................................................................................................................179

15.4 FUTURE WORK OF THE AD HOC COMMITTEE............................................................................180 15.5 APF ACTIVITIES AT THE SESSION..............................................................................................180 15.6 RECOMMENDATIONS .................................................................................................................181

16. SENIOR EXECUTIVE OFFICERS..........................................................................................183

17. TWELETH APF ANNUAL MEETING ...................................................................................184

18. ELECTION OF APF CHAIRPERSON & DEPUTY CHAIRPERSONS..............................185

19. GENERAL BUSINESS...............................................................................................................186

20. ANNEX 1 – ICC HUMAN RIGHTS COUNCIL PAPER VOL. 1..........................................187

21. ANNEX 2 – DRAFT ICC HUMAN RIGHTS COUNCIL PAPER VOL. 2 ...........................191

22. ANNEX 3 – APF LETTER TO THE ICC ON DRAFT VOL. 2 .............................................193

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23. ANNEX 4 – APF ANNUAL EVALUATION FORM...............................................................195

1. PURPOSE

This report has been prepared by the secretariat of the Asia Pacific Forum of National Human Rights Institutions (‘APF’) for the consideration of Forum Councillors at their ‘business session’ of the Eleventh Annual Meeting on Monday 31st July 2006.

2. BACKGROUND

The annual business meetings of the APF provide an opportunity for APF member institutions to discuss matters of mutual interest and to examine the operation of the APF. The meeting is restricted to APF member institutions and invited observers. Traditionally, Forum Councillors have invited representatives of the UN Office of the High Commissioner for Human Rights (‘OHCHR’) and national human rights institutions (‘NHRI’) who have applied or are intending to apply for membership of the APF to attend the meeting as observers. The meeting will be held on Monday 31st July 2006, at the ‘Lali Room’, Holiday Inn, Suva, Fiji Islands. The registration desk will be open at 8:00am. At 8:30am a traditional Fijian welcoming ceremony will greet Forum Councillors. The business meeting will then commence at 9:15am and conclude at 2:00pm. Mr Tserendorj Suren, Chairman of the National Human Rights Commission of Mongolia and Chairperson of the APF will assume the chair for the discussion of the agenda items at the business session.

3. STRUCTURE OF THIS PAPER

The report is structured in the sequence of the agenda items of the business session. Agenda items are preceded by a ‘cover sheet’ which provides the following information – (i) the title of the agenda item, (ii) a summary of the main issues, (iii) any relevant considerations that should be drawn to the attention of Forum Councillors, (iv) who prepared the paper and finally, (v) who will introduce the item for discussion. Where relevant the ‘cover sheet’ is then followed by a substantive paper. In order to make the information contained in this report as concise as possible, electronic references are made to the full text of any substantive supporting documentation.

4. EVALUATION OF THE APF

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The APF secretariat is committed to providing quality services to APF member institutions. To assist in this task, an evaluation form designed to assess the APF’s performance is included in this report at Annex 4 for the consideration and response of APF member institutions. Please take the time to fill this in and submit back to the secretariat.

5. ADOPTION OF AGENDA

ELEVENTH ANNUAL MEETING OF THE ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS

FORUM COUNCIL MEETING PAPER

TITLE:

Adoption of the Agenda for the 11th Annual Meeting of the APF

SUMMARY OF ISSUE:

A draft agenda was circulated to all Forum Councillors for comment in April 2006. The draft agenda as at 24 July 2006 is attached. If there are any updates to this draft agenda these will be circulated.

RECOMMENDATION:

That Forum Councillors adopt the agenda.

RELEVANT CONSIDERATIONS: (Policy, staffing, expenditure, political etc)

None.

Submission prepared by:

Director, secretariat

Forum Councillor or officer responsible:

Chairperson

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5.1 Draft Agenda of the Eleventh Annual Meeting Day 1 Monday 31 July 2006 Annual Business Meeting of Forum Councillors and Members 8:00 – 8:30 Registration (Forum members and ACJ) Room: Holiday Inn Foyer 8:30 - 9:15 Traditional Fijian Welcoming Ceremony Room: Lali Room 9:15 – 2:00 Forum Members Meeting – General Business Room: Lali Room Chair: Mongolian Human Rights Commission

1. Adoption of Agenda (Chairperson) 2. Confirmation of Attendance (Chairperson) 3. Report on Forum Operations (Secretariat)

4. Strategic Plan (Secretariat)

5. Discussion re: Eleventh Annual Meeting (Secretariat)

- Confirmation of agenda and speakers - Concluding Statement

6. Advisory Council of Jurists (Chairperson)

- 2007 Reference

7. OHCHR report on recent NHRI activities and an update on the Asia Pacific ‘framework’ process (OHCHR)

8. International Coordinating Committee

- Report on ICC working group on Treaty Body Reform (South Korea);

- Report on the APF/ICC working group on the Human Rights Council (India);

- Report of the APF representative to the ICC Accreditation Sub-Committee on its 2006 session and on the ICC working group on Accreditation Procedures (Fiji);

- Proposed amendments to the ICC rules of procedure concerning the election of the Chairperson and Deputy Chairperson (Secretariat) and other aspects relating to accreditation rules (Fiji);

- Election of four regional representatives to the ICC and one regional representative to the ICC accreditation sub-committee (Secretariat);

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- Update on the International Conference of NHRIs to be held in Bolivia, October 2006 (OHCHR).

9. Membership Applications (Chairperson)

10. Proposed UN Convention on Disability (Chairperson)

11. Location of the Twelfth Annual Meeting (Secretariat)

12. Election of new Chairperson and Deputy Chairpersons

13. General Business 2:00 – 3:00 Lunch Note: the meeting of the SEO’s will be run as a ‘parallel’ meeting if the Business meeting runs

beyond 12:00pm. 1:00 – 2:30 Meeting of Senior Executive Officers Room: Attorney General’s Conference Room

Chair: Mr Kitione Radrodro Deputy Director, Fiji Human Rights Commission

Opening Ceremony, Cultural Program and Reception

3:00pm Please be seated by 3:10pm sharp 3:15pm Opening Ceremony Room: Lali Room Keynote Speeches Introduction by Ms Shamima Ali

Commissioner, Fiji Human Rights Commission (TBC) H.E. Ratu Josefa Iloilovatu Uluivuda, CF, MBE, JP

President of the Republic of the Fiji Islands

Mr Walter Rigamoto Immediate past Chairperson, Fiji Human Rights Commission

Mr Richard Dictus

United Nations Resident Coordinator & UNDP Resident Representative

United Nations 4:00pm Reception Cocktail and Cultural Program 6:00pm End of evening Day 2 Tuesday 1 August 2006 Open Session – Forum Members and Registered Observers 8:00 Registration Room: Holiday Inn Foyer 9:00 – 9:30 Asia Pacific Regional Cooperation

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Room: Lali Room

Chair: Mr Sevuloni Valenitabua (10 minutes) Commissioner, Fiji Human Rights Commission Address of the United Nations High Commissioner for Human Rights (10 minutes) Delivered by Mr Paulo David OHCHR Regional Representative Report from Business Session Meeting (10 minutes) Mr Kieren Fitzpatrick, Director – Secretariat Asia Pacific Forum of National Human Rights Institutions

9:30 – 11:00 Reports from APF Members (5 minutes)

Chair: Mr Sevuloni Valenitabua Commissioner, Fiji Human Rights Commission

• Note 1: APF members to submit written report to APF Secretariat by

Friday 21 July 2006 • Note 2: Speakers will be stopped after 5 minutes

• Afghanistan • Australia • Fiji • India • Indonesia • Jordan • Malaysia • Mongolia • New Zealand • Philippines • Qatar • Republic of Korea • Sri Lanka • Timor-Leste • Thailand

11:00 – 11:30 Morning Tea 11:30 – 12:00 Reports from other Human Rights Institutions (5 minutes)

Chair: Mr Sevuloni Valenitabua Commissioner, Fiji Human Rights Commission

12:00 – 12:30 Open Discussion – Questions and Answer Session 12:30 – 2:00 Lunch 2.00 – 2:30 Human Rights in the Pacific Chair: Mr John von Doussa President, Australian Human Rights & Equal Opportunity Commission

Ms Andie Fong-Toy Manager, Political & Security Programme, Pacific Islands Forum Secretariat

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Presenter New Zealand Human Rights Commission (TBC) Dr Shaista Shameem Director, Fiji Human Rights Commission

2:30 – 2:45 Open Discussion – Questions and Answer Session 2:45 – 3.15 Reports from Asia Pacific Governments (5 minutes) Chair: Mr John von Doussa President, Australian Human Rights & Equal Opportunity Commission 3:15 – 3:30 Open Discussion – Questions and Answer Session 3:30 – 4:00 Break 4:00 – 4:05 Message from Professor Paul Hunt, UN Special Rapporteur on the

Right to Health (5 minutes) Delivered by Dr Shaista Shameem Former Special Rapporteur and current member of the UN Working

Group on the use of Mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination

4:05 – 4.30 Reports from Non-Governmental Organisations Chair: Mr John von Doussa President, Australian Human Rights & Equal Opportunity Commission 4:30 – 5:00 Open Discussion – Questions and Answer Session 5:00 End of Day 2 Day 3 Wednesday 2 August 2006 8:30 – 10:00 ILO, International Labor Standards (ILS) and the Supervisory

Mechanism, the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up

Chair: Ms Rosslyn Noonan Chief Commissioner, Human Rights Commission of New Zealand Room: Lali Room 10:00 – 10:30 ILO Information Sources 10:30 – 11:00 Morning Tea 11:00 – 11:30 ILO Information Sources cont. 11:30 – 12:30 Partnerships with Trade Unions and Employer Organizations 12:30 – 1:30 Lunch

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1:30 – 2:30 Incorporation of ILS into National Codes

Dr Sima Samar Chairperson, Afghanistan Independent Human Rights Commission 2:30 – 3:00 Presentation of Selected Cases 3:00 – 4:00 Migration and Trafficking and ILO Standards 4:00 Depart hotel to travel to Pacific Harbour 5:30pm Reception, Cultural Program & Dinner

Hosted by Fiji Human Rights Commission 9:30pm End of evening Day 4 Thursday 3 August 2006 9:00 – 10:00 NGO Discussion on Human Rights Defenders Room: Lali Room Chair: Ms Sharon Bhagwan Rolls FemLink Pacific

Mr Chris Sidoti Director, International Service for Human Rights Ms Topou Vere Pacific Concerns Resource Centre Mr Jone Dakuvula Citizens Constitutional Forum and Pacific People Building Peace

Interactive Dialogue between NHRIs and NGOs

10.00 – 10.30 Morning tea 10:30 – 11:30 National Human Rights Institutions and the Right to Education Room: Lali Room

Chair: Justice Anthony Gates Member for Fiji, Advisory Council of Jurists

Report from the Advisory Council of Jurists Representatives, Advisory Council of Jurists - Presentation and Panel

Discussion

11.30 – 12.00 Open Discussion – Questions and Answers 12:00 – 12:30 National Human Rights Institutions and the Right to Education cont. Chair: Dr Purificacion Quisumbing

Chairperson, Philippines Commission on Human Rights Mr Sheldon Shaeffer (20mins) Regional Director UNESCO (Bangkok)

Ms Lamis Nasser (10mins)

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Member, Board of Trustees

Jordan National Centre for Human Rights Commissioner Tunku Nazihah Rus (10mins) Human Rights Commission of Malaysia

12:40 – 1:00 Open Discussion – Questions and Answers 1:00 – 2:00 Lunch 2:00 Advisory Council of Jurists - 2007 Reference and Report from APF

Members Chair: Representative National Human Rights Commission of India

a) Decision on the 2007 Reference to the Advisory Council b) Report from APF Members on Standing Issues

• Torture • Terrorism • Trafficking • Death Penalty • Child Pornography

c) Reports from NGOs on Standing issues 3:15 – 3:30 Open Discussion – Questions and Answers 3:30 Afternoon tea 4:00 CLOSED SESSION (Forum Members)

Final Drafting of the Concluding Statement Room: Banyan Room Chair: Mr Sevuloni Valenitabua 4:00 The Work of the Fiji Human Rights Commission Representative Fiji Human Rights Commission 5:00 FINAL CONFERENCE STATEMENT

Adoption of Statement of Conclusions and Recommendations Room: Lali Room

Chair: Mr Sevuloni Valenitabua Fiji Human Rights Commission, Chairperson, Asia Pacific Forum of National Human Rights Institutions

6.00pm End of Eleventh Annual Meeting

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Note: The Advisory Council of Jurists will meet separately before joining the proceedings of the last day.

6. CONFIRMATION OF ATTENDANCE



TITLE:

Confirmation of attendance at the closed meeting

SUMMARY OF ISSUE:

APF Member institutions attend the ‘business’ meeting. A standing invitation has been issued to the United Nations as represented by the Office of the High Commissioner for Human Rights. Please note that as there are currently 13 full members of the APF, clause 13.3(b) of the APF Constitution provides that the quorum for a general meeting is four members. APOLOGIES – the NHRIs from Nepal and Palestine. Forum Councillors need to approve any other attendances at the meeting. Requests for attendance as observers have been received from the following institutions: APPLICANTS FOR MEMBERSHIP – (i) National Society for Human Rights of Saudi Arabia. RELEVANT INSTITUTIONS – (i) Maldives Human Rights Commission.

RECOMMENDATION:

That Forum Councillors (i0 determine whether a quorum exists, (ii) note the apologies and (iii) approve the requests for observer status.

RELEVANT CONSIDERATIONS:

Observers may be asked to leave the room for the discussion of specific agenda items at the discretion of Forum Councillors.




Chairperson

7. REPORT OF APF OPERATIONS



TITLE:

Report of APF Operations

SUMMARY OF ISSUE:

The report outlines the APF’s activities and finances over 2005. APF activities are reported against those approved by Forum Councillors in the APF’s Business Plan for 2004 to 2006.

RECOMMENDATION:

That Forum Councillors note the report.


APF activities are undertaken to implement (i) the decisions of Forum Councillors as reached at APF annual meetings and (ii) the APF Business Plan as approved by Forum Councillors.





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2005 ANNUAL REPORT ON APF OPERATIONS

7.1 Introduction The work of the APF can be categorised under three broad areas: (i) Strengthening the capacity of individual APF member institutions to enable them

to more effectively undertake their national mandates; (ii) Assisting governments and non-governmental organisations (‘NGOs’) to establish

NHRIs in compliance with the minimum international standards contained in the United Nations (‘UN’) endorsed ‘Paris Principles’; and

(iii) Promoting regional cooperation on human rights issues. Throughout the year the APF worked with our member NHRIs, local, regional and international non-governmental organisations, governments, and international organisations to bring about improvements in human rights. During 2005 the APF’s operations focused on the following eight main areas of activity – (i) Annual Meetings, (ii) General Advisory Services (iii) Advisory Council of Jurists (‘ACJ’), (iv) Information and Promotion, (v) International Law Development, (vi) Training and Capacity Building Projects and (vii) Strategic Management. Details of these projects are set out below: 7.2 Annual Meeting of the APF The annual meetings of the APF are the largest and most comprehensive regular human rights meetings in the Asia Pacific region. They are a mechanism for the practical advancement of human rights, particularly because they bring together NHRIs, the UN, governments and NGOs in a harmonious, practical and largely non-political setting. Through this mechanism the APF has demonstrated its role as a catalyst for the mobilisation of technical co-operation funds for human rights initiatives and as a facilitator for the establishment of new NHRIs. During 2005 the APF was responsible, in cooperation with the National Human Rights Commission of Mongolia (‘NHRCM’) for all aspects of the planning and management of the Tenth Annual Meeting. This included the development of policy papers, organisational logistics, the provision of personnel, fundraising and administration. The Tenth Annual Meeting of the APF was held in Ulaanbaatar, Mongolia from 24 to 26 August 2005. The President of Mongolia, Mr Nambaryn Enkhbayar, opened the Annual

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Mr Suren Tserendorj, Chief Commissioner, National Human Rights Commission of Mongolia and Chairperson of the

Forum Council addresses the 10th Annual Meeting. Photo: UNDP Mongolia.

Meeting. The three-day meeting included a one-day closed session of the Forum Council and a two-day meeting which was open to observers from governments, NGOs and other interested organisations and individuals.

The major theme of the meeting was the role of NHRIs in the prevention of torture and other forms of ill-treatment. The ACJ met separately to consider the Forum Council’s reference on torture before joining the plenary session on Day Three of the meeting to present its interim report and recommendations. Other topics addressed during the meeting included NHRIs and human rights education and the APF-Brookings/Bern Project on Internally Displaced Persons. The objectives of the Meeting were to consolidate and build on the program of practical, co-operative activities developed by the

APF to strengthen the functioning and assist in the development of NHRIs. The major outcomes of the Tenth Annual Meeting included:

Forum Council

The NHRCM was unanimously elected to the position of Chairperson of the APF. The National Human Rights Commission of the Republic of Korea and the Fiji Human Rights Commission were unanimously elected to the two positions of Deputy Chairpersons.

Membership applications

The Afghanistan Independent Human Rights Commission was admitted as a full member of the APF. The Provedor for Human Rights and Justice of Timor-Leste was admitted as a candidate member of the APF.

The National Human Rights Committee of Qatar was admitted as an associate member of the APF.

The above three decisions brought the total membership of the APF to 17 institutions.

Advisory Council of Jurists

The ACJ presented their interim report on torture.

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Mr Suren Tserendorj, Chief Commissioner, National Human Rights Commission of Mongolia and Mr

Nambaryn Enkhbayar, President of Mongolia, opens the 10th Annual Meeting. Photo: UNDP Mongolia.

Dr Sima Samar, Chairperson, Afghan Independent Human Rights Commission. Photo :APF/Afghan

Commission.

The Forum Council also agreed to develop a reference on the legal obligations of States in the implementation of economic, social and cultural rights.

Administration

The Forum Councillors reviewed and endorsed the APF’s activities over the past twelve months and provided member NHRIs with an opportunity to discuss a wide range of issues relating to the administration and future directions of the APF.

International Coordinating Committee

Forum Members also addressed the work of the International Coordinating Committee of National Human Rights Institutions (‘ICC’) and the involvement of Asia Pacific NHRIs in the international human rights system. Forum members elected the Fiji Human Rights Commission, the National Human Rights Commission of Nepal, the Philippines Commission on Human Rights and the National Human Rights Commission of the Republic of Korea to be the four regional representatives to the ICC. The Fiji Human Rights Commission was nominated and selected to represent the APF on the ICC’s accreditation sub-committee.

11th Annual Meeting

The Forum Council accepted the offer of the Fiji Human Rights Commission to host the Eleventh Annual Meeting of the APF in 2006.

The Meeting adopted a comprehensive Statement of Conclusions that reaffirmed the APF’s commitment to promoting the development of NHRIs in conformity with the Paris Principles. 7.3 General Advisory Services The APF secretariat provides a wide range of advisory services to member NHRIs, prospective members, governments and NGOs. This can range from advice on the nature and status of NHRIs to detailed legislative drafting and legal advice. Governments, for example, often provide a copy of draft legislation establishing a NHRI to the APF for comment prior to its introduction into their respective legislatures. This requires that the APF undertake a detailed analysis of the legislation to ensure that the specific provisions are reflective of the mandate, role and functions of NHRIs as set out in the Paris Principles. Detailed discussions with Government representatives from both the Foreign Ministry and the Ministry of Justice are then often required to go through specific drafting issues. Alternatively NGOs will also request briefings from the APF on specific issues concerning the appropriate composition of a NHRI to ensure that it complies with the Paris Principles.

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7.3.1 Advice to Members

The APF provided a wide range of advisory services to member institutions, prospective members, governments and NGOs during 2005. Advice included (i) the nature and status of NHRIs; (ii) specific issues of regional concern; (iii) operational issues such as institutional strengthening; and (iv) the promotion of ‘best practice’ models. Advice was provided to NHRIs on the following issues – (i) disability; (ii) anti-terrorism measures; (iii) trafficking; (iv) investigation techniques; (v) national action plans; (vi) strategic planning; (vii) torture; (viii) the right to education; (ix) regional human rights mechanisms; (x) compliance with the Paris Principles (xi) internally displaced persons and (xii) follow up on previous recommendations of the ACJ. 7.3.2 Pacific Regional Workshop on National Human Rights Mechanisms In association with the regional inter-governmental body the Pacific Islands Forum (‘PIF’), the APF co-hosted a regional workshop on NHRIs in Nadi, Fiji from 28 February to 1 March 2005. The workshop was attended by 23 officials from the Justice and/or Foreign Affairs Ministries of the governments of Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, New Zealand, Niue, Papua New Guinea, Solomon Islands, Tonga, Tuvalu and Vanuatu. Also in attendance were representatives from the APF, the United Nations Office of the High Commissioner for Human Rights (‘OHCHR’), the United Nations Development Programme (‘UNDP’), the United Nations International Children’s Endowment Fund (‘UNICEF’), United Nations Development Fund for Women (‘UNIFEM’), the United Nations Educational, Scientific and Cultural Organisation (‘UNESCO’) and regional NGOs including the Citizens’ Constitutional Forum and the Pacific Concerns Resources Centre.1 The workshop was an initial practical step contributing towards the attainment of the “Pacific Vision” adopted by the PIF Leaders in Auckland, New Zealand in April 2004. The goal of the workshop was to enhance and improve institutional frameworks for human rights in PIF countries by increasing the internal capacities and knowledge of senior officials of both the Justice and Foreign Affairs Ministries of Forum countries.2 7.3.3 APF Mission to the Solomon Islands A high-level APF delegation visited the Solomon Islands in mid-February 2005 to hold discussions with the Government of the Solomon Islands (including the Prime Minister, Ministers and officials) and NGOs regarding the proposed establishment of a NHRI. Support for this initiative was provided by the UNESCO Bangkok and Apia offices.

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1 A report on this workshop is available from the secretariat on request. 2 Further information is available at www.asiapacificforum.net/news/archive/2005_02_news_archive.htm#PIF.

The delegation was led by Mr Walter Rigamoto, Chairperson of the Fiji Human Rights Commission (‘FHRC’) and also included Mr Michael Powles, Senior Commissioner of the New Zealand Human Rights Commission (‘NZHRC’) and Mr Kieren Fitzpatrick, Director of the APF Secretariat. Mr Philip Bergstrom, UNESCO Bangkok, attended the discussions as an observer. The discussions addressed the feasibility of establishing a NHRI with a view to holding a broader national consultation on national human rights protection mechanisms and in particular, on the establishment of a NHRI as envisioned in the proposed new Solomon Islands constitution. A formal report with recommendations was submitted to the Prime Minister in July 2005.3 7.3.4 APF Mission to Nepal From the 18 to 22 July 2005 the Director of the APF travelled to Bangkok, Thailand for meetings with the regional NGO body ‘Forum Asia’ and Kathmandu, Nepal for meetings with the National Human Rights Commission of Nepal (‘NHRCN’), UN agencies, civil society and Embassies. The main focus of the mission included discussions with the Chairperson, new Commissioners and staff of the NHRCN regarding the recent appointment process for the Commission and its impact on the independence of the Commission. As a result of these discussions the Commission agreed to formalise an NGO advisory body to review the Commission’s mandate and activities and to include respected NGO representatives as part of their teams to investigate serious human rights violations by both Government and Maoists forces. The Commission subsequently wrote to all Forum Councillors via the APF secretariat to confirm these agreements. 7.3.5 APF Missions to China In association with the Raoul Wallenberg Institute and the China University of Political Science and law, the APF participated in a seminar on the role and functions of NHRIs which was held in Beijing, People’s Republic of China in October 2005. The seminar brought together representatives from various universities throughout China, governmental agencies, the Supreme People’s Court and the National People’s Congress. In association with the Spangleberg Group, the APF also participated in a seminar on national mechanisms for the advancement of women which was held in Beijing, People’s Republic of China in December 2005. This seminar again brought a variety of different representatives from universities, government ministries, the legal system and the parliament.

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3 The report of the Solomon Islands mission is available from the secretariat on request.

Solomon Islands Prime Minister Sir Allan Kemakesa with the APF delegation. Photo: UNESCO / Philip

Bergstrom.

7.3.6 APF Missions to Taiwan At the invitation of the Taiwan Foundation for Democracy, the Alliance for Reform and Democracy in Asia, Alternative ASEAN, Forum Asia Democracy, and Initiatives for International Dialogue, the APF participated in the World Forum for Democratization in Asia which was held from 15 to 17 September 2005 in Taipei, Taiwan. At the invitation of the Taiwan Foundation for Democracy and Taiwanese Society of International Law, the APF participated in a conference on “National Human Rights Institutions in Asia Pacific,” which was held in Taipei, Taiwan from 22 to 24 October 2005. 7.3.7 APF Mission to Pakistan

On 28 May 2004, General Pervez Musharraf, President of Pakistan announced his intention to establish a National Commission on Human Rights. This announcement followed the submission by the Pakistan Parliamentarian’s Commission for Human Rights (‘PCHR’) of a concept paper on the establishment of a NHRIs to the President, Prime Minister, Law Ministry and the leadership of the ruling party. In October 2004 the Pakistan Cabinet approved the PCHR’s concept paper. A draft National Commission for Human Rights Bill

was presented to the National Assembly in February 2005. The Bill has been referred to the National Assembly’s Standing Committee on Law, Justice and Human Rights for further consideration and deliberations.

Seminar on the establishment of a national human rights commission in Pakistan. Photo: PCHR.

In June 2004, Mr Shafique Chaudhry, Coordinator, PCHR, contacted the APF to assess the possibility of the provision of technical assistance to key stakeholders in Pakistan to assist in the establishment of the proposed NHRI. The APF subsequently discussed with the PCHR a range of options for the provision of assistance. The APF also facilitated the attendance of the coordinator of the PCHR to an international meeting on the role and functions of NHRIs held in Bangladesh in September 2004. As a result of these discussions the PCHR requested a visit by an APF delegation to meet with key stakeholders to discuss the role and functions of NHRIs. The APF sent a delegation to Pakistan from 29 August to 3 September 2005 to participate in a series of seminars and to discuss with key parliamentary, government and civil society stakeholders the nature and status of the proposed NHRI. The APF delegation was led by (i) Mr N. Selvakkumaran, Commissioner, Human Rights Commission of Sri

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Lanka and Dean, Faculty of Law, University of Colombo, and included (ii) Mr Byung-hoon Oh, Director, International Affairs Division, National Human Rights Commission of Republic of Korea and (iii) Mr Stephen Clark, Information Officer, APF. The APF delegation participated in a series of seminars in Islamabad, Lahore and Karachi organised by the PCHR as well as a number of bilateral meetings. In terms of the possibility of establishing a NHRI, the delegation found strong support for the establishment of an effective domestic mechanism that could resolve human rights violations and promote a culture of respect for human rights. The APF therefore provided detailed recommendations on the draft legislation to enable it to comply with international human rights standards. 7.3.8 APF Mission to Timor Leste In August 2005 the Timor-Leste Office of the Provedor for Human Rights and Justice was admitted as a candidate member of the APF. Candidate membership is one level below full membership and as a condition of membership, candidate members must set out what action they will take to become fully compliant with the APF’s membership criteria and, in particular, with the United Nations “Paris Principles”. The APF, in turn, provides a commitment to work with candidate members to provide them with assistance to enable them to fully comply. Initial APF support to the Office of the Provedor has included:

19-23 September 2005: human rights induction training and strategic planning with the Tan Sri Datuk Seri Panglima Simon Sipaun, Vice-Chairman of SUHAKAM, the Malaysian Human Rights Commisison and Ms Suraina Pash, SUHAKAM’s Head of Policy and Research; and

21-25 November 2005: a study visit to New Zealand for Provedor Dr. Sebastiao Dias Ximenes and Deputy-Provedor Amandio Benevides.

Following the study visit to New Zealand, and New Zealand Chief Commissioner Rosslyn Noonan’s acceptance of an invitation from the Timor-Leste Human Rights Adviser to the Prime Minister to participate in an international seminar on the Role Of Civil Society in the Consolidation of Democracy and Peace, the APF requested that Ms. Noonan and Ms Marianne Elliott, a senior manager at the New Zealand Commission who has been advising on the development of a human rights action plan for Timor-Leste, meet with the Provedor and his colleagues and relevant stakeholders to discuss options for a technical cooperation programme between the Provedor’s office and the APF.

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Ms Noonan and Ms Elliott met with key Ministers, officials and NGOs as well as with United Nations and World Bank representatives in Dili, Timor-Leste in December 2005. Intensive discussions with the Provedor, the deputy Provedors and their advisors covered the Office's mandate and organisational structure, staffing and budget levels; district offices and outreach; complaints handling; key external relations; planning and priority setting. The detailed discussions fed directly into the Office's 2006 strategic plan and

budget bid. They also resulted in former New Zealand Ombudsman Mr Mel Smith undertaking a ‘good governance’ training and planning consultancy with the Office in February 2006. The full report of the mission identifies further areas where APF members can provide advice, guidance and expertise to the Office of the Provedor and these will be considered for incorporation in the APF's 2006-2009 work programme. 7.4 Advisory Council of Jurists The APF established the ACJ in 1998. The Council advises the APF and its member NHRIs on the interpretation and application of international human rights standards. The establishment of the ACJ under the aegis of the APF is a significant advance in the protection and promotion of human rights in the region. For the first time a regional juridical body is in a position to review and assess human rights issues in the Asia Pacific region. It serves the practical purpose of providing advice to APF members on the interpretation and application of international human rights jurisprudence. This development provides a strategic framework within which to further advance the application of international human rights standards. In addition to developing regional jurisprudence on international human rights, the Council strengthens the effectiveness and capacity of NHRIs in the region. In 2005 the APF was responsible for the development of the terms of reference on the issue of torture, the drafting of a comprehensive background paper and all the organisation, management and servicing of the meeting of the ACJ. In addition, the APF, on request, assisted its members with the implementation of the recommendations of the Council. At the APF's Eighth Annual Meeting held in Kathmandu, Nepal, in February 2004, Forum Councillors "decided to formulate a new reference to the ACJ Jurists on the issue of the prevention of torture during detention and requested the secretariat to prepare draft terms of reference for the consideration and approval of the Forum".4 The secretariat prepared draft terms of reference which were considered by the APF members at the Ninth Annual Meeting of the APF, held in Seoul, Korea, in September 2004. Following further discussion by APF members the terms of reference were finalised in November 2004.5

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4 See paragraph 7 of the Concluding Statement at www.asiapacificforum.net/activities/annual_meetings/eighth/concluding.htm).5 The terms of reference are also available on the APF website at: www.asiapacificforum.net/jurists/torture/tor.htm.

Members of the Advisory Council of Jurists meeting in Mongolia. Photo: UNDP Mongolia.

In November 2004 the secretariat distributed a questionnaire to all APF members requesting information about the particular laws, practices, policies and activities undertaken in their country in relation to torture. Questionnaires were also sent to select NGO’s with expertise in the study of torture, including the Association for the Prevention of Torture. The responses to the questionnaires were compiled and form the second half of a background paper prepared to assist the jurists in their consideration of the issue of torture during detention. The first half of the background paper addresses each of the issues raised in the terms of reference.6 The ACJ considered the terms of reference and the associated background paper at their session held in association with the APF’s Tenth Annual Meeting in Mongolia in August 2005. At the conclusion of this meeting the Council presented their interim report to APF member institutions. The Council’s final report was subsequently issued to all members for their consideration and adoption.7 7.5 Information and Promotion 7.5.1 General In 2005 the APF undertook a range of information and promotional activities on the role and functions of NHRIs and the activities of the APF. These educational activities aimed to (i) improve awareness among political and administrative decision-makers and the wider community of the value and importance of NHRIs ; (ii) improve awareness among relevant regional governments and agencies of the appropriate functions, powers, structures and legislation for NHRIs established in accordance with the Paris Principles; (iii) improve awareness among NHRIs of the legislation, casework, techniques, procedures and outcomes of other institutions both within and outside the region; and (iv) provide information about APF activities to members institutions, governments (inside and outside the region), UN agencies, NGOs and the general community. 7.5.2 Forum Bulletin The APF published two issues of a regular newsletter, titled the Forum Bulletin, to keep APF members, governments and NGOs informed of important policy, legal, administrative and training developments in the region.8

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6 The final background paper is available on the APF website at: www.asiapacificforum.net/jurists/torture/background.htm. 7 The report contains a number of specific recommendations to APF member institutions and it can be obtained at www.asiapacificforum.net/jurists/references/torture/index.htm. 8 Copies of the Forum Bulletin can be obtained at www.asiapacificforum.net/forumbulletin.htm.

7.5.3 Donor Update The APF published a quarterly update for supporters of the APF, titled Donor Update and undertook regular electronic communication with donor organisations on an issue by issue basis.9 7.5.4 Website The APF regularly updated its website and published new information on a fortnightly basis. The website includes details on the role and functions of NHRIs, the APF, individual member institution activities and the ACJ. The APF also undertook regular electronic communication with members, governments and NGOs on an issue by issue basis.

In January 2005, following a review of the website, the APF commissioned a web designer to complete the following tasks:

Manage the restructure of the APF website to either a ‘full screen’ format; Redevelop the presentation of the APF website home page; Manage the addition of a new ‘Advisory Services’ sub-category to the Activities

section of the website; and Develop a new design structure for the IDP section.10

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9 Copies of the donor update can be viewed at www.asiapacificforum.net/about/donors.html.

The website re-design was completed in August 2005.11

7.5.5 Participation in APF Activities The APF encouraged the participation of governments and human rights NGOs in the APF’s annual meetings, workshops and training programs as an important awareness raising and partnership exercise about the role and functions of NHRIs. In addition the APF received a number of visits from regional government and civil society representatives. For example, during 2005 the APF received visits from representatives of the governments of Iraq, Vietnam and Taiwan. 7.6 International Law Development 7.6.1 New International Instrument on Disability Increasingly, the international community has come to recognize disability as a human rights issue. This recognition is evidenced by, for example, a series of resolutions of CHR confirming UN responsibility for the protection of the rights of people with disabilities12 and the UN General Assembly’s establishment of an Ad Hoc Committee to consider proposals for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities.13 The APF developed a coordinated policy position on behalf of all its members on the proposal to create a new international human rights instrument dealing with the rights of people with disabilities.14 During 2005 the APF working group on disability, which is comprised of the NHRIs from Australia, India, New Zealand and the Philippines, continued their work and developed a detailed submission for the consideration of the broader APF membership and the 5th session of the Ad Hoc Committee in January 2005. The submission specifically focused on the following draft articles of the Convention – (2) General Principles, (7) Equality and non-discrimination, (17) Education, (18) Right to Political and Public Life, (21) Right to Health and Rehabilitation, (23) Social Security and Adequate Standard of Living, and (25) National Implementation and Monitoring Framework.15

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10 The APF website can be accessed at www.asiapacificforum.net. 11 The website can be viewed at www.asiapacificforum.net. 12 For example, CHR 1993/29; 1994/27; 1995/58; 1996/27; 1998/31; 2000/51; 2002/61; 2003/49; and 2004/52. Up until 1996, these resolutions were entitled: “Human Rights and Disability”. From 1996 onward, they have been entitled: “Human Rights of Persons with Disabilities”. 13 GA resolution 56/168, of 19 December, 2001. 14 A copy of the agreed APF position and associated discussion papers can be obtained at www.asiapacificforum.net/annual_meetings/seventh/disability.doc. 15 The full text of this submission can be found at www.un.org/esa/socdev/enable/rights/ahc4nhricomments.htm.

Representatives of the Ministry of Human Rights of Iraq meeting with the

APF. Photo: APF

An APF delegation attended the 5th and 6th sessions of the Ad Hoc Committee. The delegation comprised Ms Anuradha Mohit, Special Rapporteur on Disability of the National Human Rights Commission of India, advised and assisted by Professor Andrew Byrnes, of the Faculty of Law, Australian National University during the first week of the two week meetings. Ms Mohit and the Director of the APF participated in two meetings to discuss the ‘monitoring’ aspects of the proposed disability convention and, in particular, the possible role of NHRIs in any new monitoring mechanism.16 The first of these was held in association with European NHRIs in Dublin, Ireland in April 2005. The second was an international seminar held in Harvard, United States, in December 2005. As this is a new area of human rights promotion, much work still needs to be done to develop awareness and build capacity within the international system, governments, NGOs and NHRIs to promote and protect the rights of people with disability. In particular, to date, very little information is available regarding the disability rights decisions of NHRIs. Given the significant role already undertaken in the region by NHRIs and the APF to protect and promote the rights of people with disabilities, Disability Rights Promotion International (DRPI) and the APF agreed to collaborate to create and field test a tool for the collection and categorisation of disability rights cases decided by NHRIs.17 The outcomes of the trial will then be used to refine the tool with a view to it being adopted and implemented by NHRIs internationally. Once collected, the decisions will be stored in a searchable database, accessible through the internet. The cases collected using the tool will permit a more detailed analysis of the role of NHRIs in applying human rights in the disability context. With this knowledge, NHRIs, governments and disability and human rights advocates will be better equipped to take steps to ensure the protection, promotion and fulfilment of the rights of people with disabilities around the world. 7.6.2 International Coordinating Committee of National Institutions In association with the 61st Session of CHR in April 2005, the APF participated in the annual meeting of the ICC and various ‘side events’ on relevant topics. A full report on APF activities was sent to the OHCHR secretariat to be made available to all members of the ICC and the Member States of CHR.18 7.6.3 61st Session of the United Nations Commission on Human Rights The APF attended the 61st Session of the United Nations Commission on Human Rights (‘CHR’) in April 2005 and participated in the discussions surrounding the annual resolution on NHRIs debated by CHR. The APF also made a formal statement to CHR.19

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16 A report on these workshops are available from the secretariat on request. 17 Further information on DRPI can be obtained from www.yorku.ca/drpi. 18 A copy of this report is available from the secretariat on request. 19 A copy of the statement can be found at www.asiapacificforum.net/international/un/chr/statements/index.htm.

One significant outcome of this session was an ‘in principle’ approval by Members States of CHR under Resolution 2005/74 to enable NHRIs to speak under any agenda item of CHR rather than the standard practice of allowing them to address the CHR only under the agenda item dealing specifically with NHRIs. 7.6.4 UN Framework on Regional Human Rights Cooperation The UN holds an annual ‘framework’ meeting in the Asia Pacific for Member States and other stakeholders. NHRIs that are members and registered observers of the APF are specifically invited to attend these annual meetings. The 13th UN Framework meeting was held in Beijing, People’s Republic of China, from 29 August to 2 September 2006. The APF submitted a paper to the meeting on APF activities.20 In addition, as per normal practice, the Chairperson of the APF (the Chief Commissioner of the National Human Rights Commission of Mongolia) provided a keynote address to the meeting on behalf of the APF. The secretariat was represented by its Deputy Director, Ms Pip Dargan. At the meeting the future of the ‘framework’ process was discussed by the Member States. An independent evaluation of the framework process was commissioned by the UN. This evaluation was undertaken by Professor Muntarbhorn and his paper, which made a series of recommendations, was circulated to Member States and other stakeholders for discussion. In his paper Professor Muntarbhorn undertook a stock-take of all the activities undertaken under the framework arrangement and concluded that “the most successful building block has been … the setting up of national human rights institutions and related activities” and that the “APF and its network of national human rights institutions are the closest that the Asia-Pacific region has come to a regional arrangement or machinery for the promotion and protection of human rights.” Professor Muntarbhorn concluded that the other activities under the framework have not produced consistent or sustained outcomes and recommended that they should be scrapped from the framework and relegated to national programming activities of UN country teams. With regard to NHRIs Professor Muntarbhorn recommended that Member States should: • expand the space for NHRIs to participate in the framework meetings; and • ensure that a new five-year UN regional programme continues to support NHRIs and

the APF network as part of the regional programme, based on a sustainable partnership relationship.

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20 A copy of the APF paper is available at www.asiapacificforum.net/international/un/asia-pacific/thirteenth.htm.

Office of the High Commissioner for Human Rights Photo: OHCHR.

Member States endorsed the recommendations of Professor Muntarbhorn on an ‘in principle’ basis. 7.7 Training and Capacity Building 7.7.1 Training Needs Analysis The APF commissioned the International Service for Human Rights (ISHR) to undertake an independent training needs analysis to assist the APF to refine and prioritise its training activities. The ISHR found that the overall picture was of a network of institutions with high levels of training need, considerable existing experience and expertise and good internal resources that could be mobilised for future training programs. In their report to the APF the ISHR’s main recommendations related to the developing of training programs on:

the induction of new Commissioners and continuing education for other Commissioners

complaints handling human rights monitoring the conduct of public inquiries human rights law the international human rights system human rights education and national action plans on human rights.

7.7.2 Internally Displaced Persons At the Sixth Annual Meeting of the APF held in Colombo, Sri Lanka in September 2001, member NHRIs expressed an interest in developing their capacity to promote and protect the human rights of internally displaced persons (‘IDPs’). APF members instructed their secretariat to raise funds to assist NHRIs on this issue. In response to this request, the APF secretariat developed a project to assess the capacities of its member institutions with regard to internal displacement and mobilised assistance to help them enhance their capacities. In particular, in January 2004 the APF entered into a partnership with the leading research and policy institute in this field, the Brookings Institution-University of Bern Project on Internal Displacement (Brookings-Bern Project).21 Jointly, the APF and the Brookings-Bern Project succeeded in securing financial and human resources to implement a two-year project on internal displacement which included the following components:

• individual assessments of six NHRIs located in countries experiencing internal displacement (India, Indonesia, Nepal, Philippines, Sri Lanka and Thailand) conducted from April to December 2004;

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21 Further information is available at www.asiapacificforum.net/training/idp/brookings-bern/index.htm.

• the co-sponsoring of a regional workshop on the role of NHRIs in addressing the situation of IDPs hosted by the National Human Rights Commission of Sri Lanka (‘NHRCSL’) from 26-28 October 2005. The workshop provided an opportunity for NHRIs to exchange ideas, challenges and practices within a regional context; and

• support and assistance (both financial and technical) to strengthen the capacities of the above six NHRIs based on projects and activities developed by the individual NHRIs.

An important component of this project has been to develop programs for technical assistance that aim to develop the capacity of the institutions with regard to internal displacement. The APF and the Brookings Institution have allocated up to $15,000 USD per institution to assist in the implementation of their IDP activities. During 2005 the APF worked with its member institutions on the development of domestic projects to improve their capacity on this issue. In addition, the APF/Brookings Institution-Bern Team worked with the Norwegian Refugee Council (‘NRC’) in the delivery of specialist training to the six participating NHRIs on the Guiding Principles on Internal Displacement. The first of these training programs was implemented with the Philippines Commission of Human Rights (‘PCHR’) for their central and regional office staff in Mindanao, Philippines, from 9-12 November 2004. The second APF-NRC training program took place from 30 June to 2 July 2005 with the Indonesian Human Rights Commission (‘Komnas HAM’) in Purwakarta, Indonesia. The objective of the training workshop was to strengthen the capacity of Komnas HAM to promote and protect the rights of internally displaced persons, especially women and children. The three-day workshop covered a range of topics including an introduction to the Guiding Principles, an overview of the situation of displaced persons in Indonesia, an analysis of the national legal framework, gender aspects of internal displacement and the development of a plan of action for Komnas HAM. In feedback obtained from the NRC, PCHR and Komnas HAM, the training has been very successful in increasing commissioner and staff understanding of the situation of IDPs and the practical steps necessary in applying protection standards in the field, including those set out in the UN Guiding Principles. An additional activity was a one-day regional seminar on human rights, IDPs and the tsunami, held in Bangkok, Thailand on 4 March 2005. This seminar was held in the aftermath of the tsunami which hit south and south-east Asia on 26 December 2004. The meeting was attended by the Representative of the United Nations Secretary-General on the Human Rights of Internally Displaced Persons, Dr Walter Kälin and representatives of the NHRIs of India, Indonesia, the Maldives, Sri Lanka, Thailand and the APF secretariat.

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An important outcome of this meeting was the decision by NHRIs to develop guidelines or a common methodology for the role of NHRIs with regard to IDPs in the context of natural disasters based on the UN Guiding Principles on Internal Displacement (‘Guiding Principles’). These guidelines have recently been finalised as a resource for NHRIs.

The Regional Workshop on National Human Rights Institutions and Internally Displaced Persons was held over three days to build on these initiatives and provide further capacity building to the specific institutions.22 The workshop was jointly organised by the APF/Brookings-Bern Project on Internal Displacement and held in cooperation with the NHRCSL in Colombo, Sri Lanka, from the 26 to 28 October 2005. The workshop also included a one-day field visit to the southern Sri Lankan city of Galle to meet with people displaced by the Indian Ocean tsunami of 2004. Commissioners and senior staff representatives from the NHRIs of Afghanistan, India, Indonesia, the Maldives, Nepal, the Philippines, Thailand and Sri Lanka attended the workshop. The workshop also included participants from civil society organisations from India, the Philippines, Sri Lanka, and international and regional NGOs and research institutions from Thailand, Norway and the United States. The Government of Sri Lanka also participated in the workshop, as did representatives from the UN High Commissioner for Refugees (‘UNHCR’), OHCHR, UN Office for the Coordination of Humanitarian Affairs (‘OCHA’), and the UN Country Team (Sri Lanka). On the 9 and 10th December 2005 the APF, Brookings-Bern Project and the PCHR hosted a national forum on IDPs in Manila, the Philippines.23 The Special Representative of the Secretary General on IDPs, Dr Walter Kälin, the Deputy Director of the APF, Ms Pip Dargan, the Commissioners and staff of the PCHR and representatives of relevant domestic NGOs and government agencies were the main participants. A specific focus of the national forum was the development and passage of national legislation on IDPs for the Philippines. 7.7.3 Investigations Training During 2005 the APF worked with the PCHR to implement its ‘in-country’ training program on investigation techniques. The training program is part of the APF’s Professional Development Program.

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22 The workshop’s Concluding Statement and Recommendations and meeting papers are available at www.asiapacificforum.net/training/workshops/idp/index.htm. 23 Further information is available at www.asiapacificforum.net/training/idp/brookings-bern/capacitybuilding/philippines/index.htm.

IDP Camp in the southern Sri Lankan city of Galle. Photo: APF / Pip Dargan.

The five-day training program was implemented from the 18th to 22nd April 2005 in Manila, Philippines.24

The training course provided foundation knowledge and skills in the investigation of alleged infringements of human rights. In particular the program provided participants with (i) an overview of various models of investigation and an opportunity to clarify the appropriate model(s) of investigation within the Philippines context, (ii) the purpose of investigations and the role of the investigation officer; (iii) an understanding of international human rights instruments as relevant to the

legislative context of the Philippines Commission and associated legal definitions and concepts; (iv) information on approaches to the assessment of complaints with particular reference to variables that influence determination of priority handling, preliminary or formal investigation and early resolution; (v) an understanding of key legal principles that guide the conduct of investigations into alleged infringements of human rights; (vi) a model to plan investigations to ensure they are efficient and effective; (vii) knowledge and skills to enable the efficient and effective gathering of evidence relevant to an investigation; (viii) knowledge and skills to enable the efficient and effective analysis of evidence that has been gathered; and (ix) knowledge and skills to enable appropriate handling of evidence, efficient and effective documentation of an investigation and appropriate file and caseload management.25 7.7.4 Media and Communication Training Commissioners and staff from the Human Rights Commission of Malaysia (‘SUHAKAM’) participated in the APF’s pilot media training workshop, Building an Effective Media and Communications Program, which took place in Kuala Lumpur, Malaysia, from 14 to 18 March 2005. Workshop participants also included representatives of various media outlets in Malaysia. The workshop program and training material were developed by the APF in consultation with SUHAKAM and were designed to reflect SUHAKAM’s legal context and training needs. Training material, in both written and electronic formats, was provided to participants. The training course utilised a range of training methodologies including

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24 A report on this training is available from the secretariat on request. 25 For further information on this program see www.asiapacificforum.net/training/investigations/index.htm.

Staff from the Philippines Commission for Human Rights at the APF's Investigations Training Program. Photo: APF / Tracey Raymond.

formal presentations, small group discussions, small group case study activities and role plays. Funding for the workshop was sourced from UNESCO Bangkok.26 During the week 8 August 2005 this training course was again piloted for the Commissioners and senior staff of the New Zealand Human Rights Commission.27 This second ‘pilot’ course enabled the APF to refine the training materials and offer the course to all APF member institutions. As a result, the course was run for both the Jordan National Center for Human Rights from 22 to 24 November and the Palestinian Independent Commission for Citizens Rights from 28 to 30 November 2005. 7.7.5 Training on the Prevention of Torture From 14 to 17 November, the OHCHR conducted a training program for the staff of NHRIs in Asia Pacific region on their role in monitoring and combating torture in Jakarta, Indonesia in November 2005. The training hosted by the Komnas HAM was part of long distance training by CD ROM. The participants were trained on skills on the prevention of torture and detention monitoring and discussed their experiences of them. Mr Sung-Yong Hwang, Projects Manager of the APF, acted as a resource person for the training. 7.7.6 Regional Workshop on Trafficking The Regional Workshop on Human Trafficking and NHRIs: Cooperating to End Impunity for Traffickers and to Secure Justice for Trafficked People was held over four days from 20 to 23 November 2005. The workshop was jointly organised by the APF and the Australian Human Rights and Equal Opportunity Commission (‘HREOC’). Financial support for the workshop was provided by New Zealand’s International Aid and Development Agency (‘NZAID’), the Asia Regional Cooperation to Prevent People Trafficking (‘ARCPPT’) and HREOC. The workshop was attended by the NHRIs and related bodies of Australia, Fiji, India, Indonesia, Malaysia, Mongolia, Nepal, New Zealand, the Philippines, Republic of Korea, Sri Lanka and Thailand; the United Nations Inter-Agency Project on Human Trafficking in the Greater Mekong Sub-Region (‘UNIAP’), the International Organisation for Migration (‘IOM’) and ARCPPT; regional and national civil society organisations from Australia, Nepal and Thailand; and the Government of Australia. 7.7.7 Raoul Wallenberg-APF Staff Training From 21 November to 2 December 2005, the APF in collaboration with the Raoul Wallenberg Institute, conducted a regional training program for staff representatives of all of the APF member NHRIs. This was the second in a series of training courses run in partnership with the Raoul Wallenberg Institute under a joint memorandum of understanding. The training program was on general human rights law and theory with a

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26 A report on this training is available at www.asiapacificforum.net/training/media/malaysia.htm. 27 A report of this training will be available when finalised from the secretariat on request.

specific emphasis on the role and functions of NHRIs. The training was held in Bangkok, Thailand. Ms Jake Mejia, former Projects Manager, and Ms Thuy Doan-Smith, Development Manager, APF secretariat, were key trainers.28

7.7.8 Regional Staff Placements 7.7.8.1 JNCHR visit to South Korea and India

Mr Saleh Al-Zu’bi, Executive Director of the Jordan National Centre for Human Rights (‘JNCHR’), visited the National Human Rights Commissions of South Korea and India from 1-10 January 2005. Mr Al-Zu’bi was accompanied by Mr Stephen Clark, Information Officer, APF Secretariat. Mr Al-Zu’bi and Mr Clark met with Commissioners and staff of the South Korean and Indian Commissions as well as a

wide range of government agencies and NGOs and civil society organisations.

7.7.8.2 PICCR visit to New Zealand and Malaysia Dr Mamdouh Aker, Commissioner General and Ms Lamis Alami, Executive Director of the Palestinian Independent Commission for Citizens Rights (‘PICCR’) visited the New Zealand and Malaysian Human Rights Commissions from 13-23 February 2005. Dr Aker and Ms Alami were accompanied by Mr Stephen Clark of the APF Secretariat. With the expected passage of new establishing legislation for the PICCR by the Palestinian Legislative Council in 2005, transition and restructure issues were an important focus for Dr Aker and Ms Alami’s meetings with the New Zealand and Malaysian Commissions as well as a large number of government agencies and NGOs and civil society organisations.29

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28 A report on this training is available from the Raoul Wallenberg Institute. 29 Further information is also available at www.asiapacificforum.net/news/archive/2005_02_news_archive.htm#piccr.

Mr Saleh Al-Zu'bi (Jordan NCHR) meeting with Shri Nirmal Singh, Secretary-General (NHRC India). Photo: APF.

The PICCR’s Dr Aker and Ms Alami meeting with Ms Rosslyn Noonan (New Zealand HRC). Photo: APF / Stephen Clark.

7.7.8.3 PICCR staff placement at the NZHRC Two officers of the PICCR participated in a two-week staff placement at the NZHRC from 9-26 March 2005. Mr Musa Abu Dheim, the PICCR’s Complaints Coordinator and Mr Mamoun Attili, a Field Worker who has been with the PICCR for eight years, worked in both the NZHRC’s Auckland and Christchurch offices. With the PICCR working towards the finalisation of its complaints manual, Mr Dheim and Mr Attili’s placement focussed on the work of the NZHRC’s Disputes Resolution Team (DRT). This involved working with the DRT staff and learning about the Commission’s complaint-handling and mediation process. Mr Dheim and Mr Attili also met with staff from the Commission’s other operational areas including race relations and human rights education. Meetings were also held with the Office of Human Rights Proceedings and a number of government departments and agencies including the Department of Labour’s Employment Relations Service, the Ombudsman and the Office of Ethnic Affairs. Daily English-language tuition was provided to improve Mr Dheim and Mr Attili’s level of participation in the program and interaction with Commission staff and other participants. 7.7.8.4 Provedor of Timor-Leste visit to New Zealand From 20 to 26 November the Provedor, Dr Sebastio Dias Ximenes, and Deputy Provedor. Amandio Benevides of Timor Leste conducted a study tour to New Zealand. Interaction with the new Zealand Human Rights Commission was the main focus of the study tour with in depth sessions with Commissioners and senior staff on issues such as complaint handling, policy development, monitoring, education, the development of a national action plan on human rights and thematic issues such as indigenous rights. Given the breadth of the mandate of the Provedor of Timor-Leste which, in addition to human rights, includes Ombudsmen and anti-corruption functions, the Provedor and Deputy Provedor met with the New Zealand Serious Fraud Office, the Ministry of Justice, the Ministry of Foreign Affairs, NZAID, Solicitor General and the Ombudsmen. 7.7.9 Palestine and Jordan During 2005 the APF worked with the JNCHR and the PICCR to develop and implement institutional capacity building and strengthening programs. The twenty-eight month program, which ran until the end of 2005, involved three main activities – (1) participation at APF annual meetings; (2) participation at APF thematic workshops and (3) advisory and capacity building services which included staff training, staff exchanges and study tours.30

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30 Further information on these activities can be found at www.asiapacificforum.net/news/2004_06_news_archive.htm.

Following the JNCHR’s visit to India (see section 6.8 of this report) the institution requested the assistance of the National Human Rights Commission of India (‘NHRCI’) with the development of their compliant handling system. From 6 to 11 August 2005 the NHRCI sent two staff to Jordan to work with the JNCHR on this project.31

The APF also worked with the PICCR to implement training on international human rights law. The workshop on “The Role of NHRIs in Human Rights Protection” was held from 17-21 September 2005. Participants included officers and staff of the PICCR, members of the Palestinian Legislative Council and representatives from NGOs. The trainers for the workshop were Mr Brian Burdekin, Visiting Professor of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI), University of Lund, Sweden and Ms Marianne Elliot, Project Manager, NZHRC. The general objective of the workshop was to provide the participants with a deeper understanding of the role and functions of NHRIs in human rights protection. The specific objectives of the workshop were to provide the participants with:

a). an understanding of the role and functions of the PICCR as a NHRI and

Ombudsman; b). an understanding of international human rights instruments as relevant to the

proposed legislative enactment to establish the national NHRI; c). an understanding of the relationships between the NHRI and the three branches of

government, and between the NHRI and NGO/civil society; d). knowledge and skills to enable the effective and efficient functioning of the

PICCR; e). improved understanding and application of international human rights law in the

context of the PICCR’s operations; and f). improved understanding by the legislative and civil society about the role and

functions of NHRIs. 7.8 Strategic Management During the reporting period the APF was responsible for the strategic management of the organisation and its operations. All activities as identified and approved by Forum Councillors in the APF’s approved Business Plan were successfully completed. These included: - servicing the APF Chairperson, meetings of the full Forum Council and any sub-

committees established by the Council; - identifying international issues and pursuing activities that support the APF’s

mission and vision for the region; - identifying and pursuing opportunities to increase regional participation and

representation across the breadth of its activities including the involvement, wherever possible, of non-member institutions, governments and civil society;

35

31 A report of this mission is available from the secretariat on request.

- completing all monitoring, evaluation and reporting requirements; - identifying and implementing risk management strategies for all project activities

and the overall operation of the APF; - implementing a long-term fund development strategy to achieve financial stability

and support for a growing organisation; - the effective, efficient and equitable management of APF financial and human

resources; - strengthening the APF’s governance and organisational structure through the

development of board and operational policies; During the reporting period the APF successfully met all its business plan targets. The organisation increased its overall membership to 17 institutions. Administrative expenses were kept to a minimum and all legal and operational reporting requirements were met and approved by the relevant authorities. Through its strategic management, the APF effectively managed its activities, improved services to its members and increasingly diversified its funding base in order to achieve its goal of long-term financial stability. 7.9 Evaluation of Effectiveness The APF is committed to undertaking both qualitative and quantitative evaluations of its individual activities and overall performance. 7.9.1 Internal Evaluations The APF is continually evaluating and monitoring the effectiveness of the services it provides. Workshops and training sessions aimed at imparting specific knowledge provide the most common opportunity for evaluation. However, the APF also conducts evaluations of other activities such as consultations. At the Tenth Annual Meeting of the APF held in Mongolia in August 2005 the APF secretariat distributed a general annual evaluation form. Members were requested to complete the form and return it to the Secretariat. 100% of those who responded rated the APF’s activities in the top two categories of either ‘good’ or ‘excellent’. 7.9.2 External Evaluations NZAID initiated a review of the APF with a view to shifting the APF into their multilateral three year funding cycle. The review was conducted by an independent consultant and involved consultations and evaluations with APF member institutions and other stakeholders. The review was positive and commended the APF for the range of its activities and the professionalism of its services. The review recommended that the APF implement a regular external evaluation of its activities.

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7.10 Forum Councillors The Forum Councillors are the ‘board of directors’ of the APF. At the conclusion of 2005 the Forum Councillors consisted of the following: Full members Mr Tserendorj Suren National Human Rights Commission of Mongolia Chairperson of the APF Dr Sima Samar Afghanistan Independent Human Rights Commission The Hon. John von Doussa QC Australian Human Rights and Equal Opportunity Commission Ms Diana Temby Australian Human Rights and Equal Opportunity Commission (non-voting councillor) Mr Walter Rigamoto Fiji Human Rights Commission Dr Justice A S Anand National Human Rights Commission of India Mr Abdul Hakim Garuda Nusantara Indonesian National Human Rights Commission Tan Sri Abu Talib Othman Human Rights Commission of Malaysia Justice Nayan Bahadur Khatri National Human Rights Commission of Nepal Ms Rosslyn Noonan Human Rights Commission of New Zealand Dr Purificacion Quisumbing Philippines Commission on Human Rights Mr Young-hoang Cho National Human Rights Commission of the Republic of Korea Dr Radhika Coomaraswamy

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Human Rights Commission of Sri Lanka

Professor Saneh Chamarik National Human Rights Commission of Thailand Candidate Members Dr Sebastiao Dias Ximenes Provedor for Human Rights and Justice Associate Members Saleh Al Zu’bi Jordan National Centre for Human Rights Mamdouh Aker Palestinian Independent Commission for Citizens’ Rights Dr. Khalid Bin Mohammad Al-Attiya National Human Rights Committee of Qatar Full member councillors exercise all the powers conferred under the APF’s Constitution and are the key decision-makers in between the annual meetings of the APF. 7.11 Finances Financial support from a growing number of international bilateral and multilateral donors facilitated a growth in APF projects and programs throughout the region. The increased range of donors demonstrates the APF’s value and well-established expertise as a trusted partner in the promotion and protection of human rights in the region and has made the APF one of the most diversified regional organisations in the Asia Pacific. Supporters of the APF have included the APF’s member institutions through membership fees and other financial and ‘in kind’ donations, the Governments of Australia, India, New Zealand, Republic of Korea, Sweden, Thailand, United Kingdom and the United States, philanthropic organisations such as the British Council, Brookings Institution, MacArthur Foundation, National Endowment for Democracy, Norwegian Refugee Council and the Raoul Wallenberg Institute, and inter-governmental organisations such as the Commonwealth Secretariat, UNESCO, UNICEF, OHCHR and UNDP. 7.11.1 Membership Fees At the Eighth Annual Meeting of the APF, held from 16-18 February 2004 in Nepal, Kathmandu, APF members agreed to introduce membership fees from 1 July 2004.32

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32 For further information see www.asiapacificforum.net/activities/annual_meetings/eigth/fees.pdf

Recommendation number 12 of the Concluding Statement states that Forum Councillors "considered, for the first time, the issue of Forum membership fees and agreed to adopt a flat fee of $3000 USD per full member institution per annum and $1500 USD per candidate and associate member institutions per annum with the possibility that these fees could also be paid by the provision of services to the Forum of an equivalent value in kind". For the period 1 July 2005 to 30 June 2006 the following institutions have contributed their membership fees in full:

• Afghan Independent Human Rights Commission • Australian Human Rights and Equal Opportunity Commission • Fiji Human Rights Commission • National Human Rights Commission of India • Jordan National Centre for Human Rights • Human Rights Commission of Malaysia • Human Rights Commission of New Zealand • Palestinian Independent Commission for Citizen’s Rights • Philippines Commission on Human Rights • National Human Rights Committee of Qatar • National Human Rights Commission of the Republic of Korea • National Human Rights Commission of Thailand

For the period 1 July 2005 to 30 June 2006 the following institutions have outstanding membership fees due:

• Indonesian National Human Rights Commission $6,000 USD • National Human Rights Commission of Mongolia $3,000 USD • National Human Rights Commission of Nepal $3,000 USD • Provedor for Human Rights and justice of Timor-Leste $1,250 USD • Human Rights Commission of Sri Lanka $3,000 USD

The APF Secretariat would appreciate it if the above member institutions could pay these outstanding membership fees as soon as possible. 7.11.2 APF Independent Audit The APF secretariat is responsible for the preparation of the APF’s financial statements in accordance with internationally recognised accounting principles and standards. This responsibility includes maintaining the integrity and objectivity of financial records, the protection of APF assets and compliance with donor restrictions and instructions.

39

The APF’s financial statements are audited by independent certified public accountants. The audit was completed by the accountancy firm 'Moore Stephens.' The auditor's found no financial irregularities in the financial functioning of the APF and stated that the

APF’s financial reporting complied with the necessary regulatory and professional accounting standards. A full copy of the most recent audit is at section 8 of this report. 7.12 Administration The APF was responsible for the overall management of the operations of the APF for the reporting period. Project management also included the effective servicing the APF Chairperson, the meetings of the full Forum Council and meetings of formal sub-committees established by the Council. Electronic communication with the Forum Council occurred throughout 2005. 7.12.1 Keeping Administrative Costs Down The APF has been successful in keeping operating and administrative costs down. All administrative costs related to specific projects are charged to those projects whilst general overheads are kept to a minimum. The following are examples of ways the APF keep administrative costs down:

• APF staff and APF member institutions fly economy class with the rule of cheapest available fare of the day;

• APF member institutions meet substantial in-country costs for APF activities; and • APF member institutions provide substantial ‘in kind’ support for APF activities.

7.12.2 Employment During the 8th Annual Meeting of the APF, Forum members approved two new positions within the Secretariat, Projects Manager and Administration & Finance Officer. The positions were widely advertised and applications from member institutions were encouraged. The recruitment process for the position was comprehensive and Mr Kedar Poudyal, Acting Secretary of the National Human Rights Commission of Nepal, represented the then APF Chairperson on the interview panel. The successful applicant for the position was Ms Jacqueline Veloria Mejia. Ms Mejia held the position of the Executive Director of the Philippines Commission on Human Rights. She commenced work with the Secretariat in October 2004 and completed her placement in September 2005. The APF secretariat wishes to thank the Philippines Commission on Human Rights for releasing Ms Mejia for this period.

40

In addition, the National Human Rights Commission of the Republic of Korea and the APF entered into a memorandum of understanding to enable two staff placements from the Commission to the APF secretariat. Mr Sung-Yong Hwang was selected as the first of these placements and he commenced work at the APF secretariat in the position of

Project Manager in October 2005. Mr. Hwang holds the position of the Deputy Director of International Affairs Division of the Commission. He will finish work with the Secretariat in March 2006. The position of Administration/Finance Officer was advertised and Ms Swalaha Swalaha was the successful applicant. This position includes all the administration work of APF and assisting the Development Manager with financial work. Ms Swalaha commenced her three month trial period with the APF on 7th December 2005.

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8. APF INDEPENDENT AUDIT



TITLE:

APF Independent Audit

SUMMARY OF ISSUE:

The attached report provides a copy of the independent audit of the APF’s accounts.

RECOMMENDATION:

That Forum Councillors formally approve the audited accounts.


Policy, staffing and expenditure considerations are highlighted in the Business Plan.





8.1 Purpose The purpose of this paper is to provide Forum Councillors with a copy of an independent audit of the financial accounts of the APF. This audit was completed by the accountancy firm 'Moore Stephens'. The accounts covered the fourth full year of operation of the APF as an independent organisation. The auditor's found no financial irregularities in the financial functioning of the APF and stated that the APF’s financial reporting complied with the necessary regulatory and professional accounting standards. A full copy of the audit is set out below. 8.2 Audited Accounts Please find below the independent audited accounts of the APF for your review and formal approval.

ASIA PACIFIC FORUM OF NATIONAL HUMANS RIGHTS INSTITUTIONS

ABN 98 099 972 997

FINANCIAL REPORT FOR THE YEAR ENDED 31 MARCH 2006

TABLE OF CONTENTS

Directors' Report 1 Auditor’s independent declaration 5 Financial Report Income Statement 6 Balance Sheet 7 Cash Flows Statement 8 Statement of changes in Equity 9 Notes to the Financial Statements 10 – 17 Directors' Declaration 18 Independent Audit Report 19 – 20 Compilation Report 21 Additional Information 22

43

ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS ABN 98 099 972 997

DIRECTORS' REPORT

Your Directors present their report on the Company for the financial year ended 31 March 2006. Directors The names of the Directors in office at any time during or since the end of the financial year are: Rosslyn Joy Noonan Radhika Coomaraswamy John William Von Doussa Diana Fay Temby Nayan Bahadur Khatri Saneh Chamarik Adarsh Sein Anand Suren Tserendorj Purificacion C. Valera Quisumbing Walter Gibson Rigamoto Tan Sri Abu Othman Abdul Hakim Garuda Nusantara Young Do Choi (appointed on 8 February 2005 and resigned on 11 April 2005) Young Hoang Cho (appointed on 11 April 2005) Sima Samar (appointed on 15 April 2006) Directors have been in office since the start of the financial year to the date of this report unless otherwise stated. Operating Results The surplus of the Company for the financial year amounted to $456,241 (2004: $263,524). Principal Activity The principal activity of the Company during the financial year was the support of the development of national human rights institutions in the Asia-Pacific region. Review of Operations A review of the operations of the Company during the financial year and the results of those operations found that during the year, the Company continued to engage in its principal activity, the results of which are disclosed in the attached financial statements. Significant Changes in State of Affairs No significant changes in the state of affairs of the Company occurred during the financial year. After Balance Date Events No matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the Company, the results of those operations, or the state of affairs of the Company in future financial years. Likely Developments The Company expects to maintain the present status and level of operations and hence there are no likely developments in the Company's operations.

44

Environmental Issues The Company's operations are not regulated by any significant environmental regulation under a law of the Commonwealth or of a State or Territory. Dividends Paid or Recommended The Company is a non-profit organisation and under its Constitution cannot distribute dividends to its members. Information on Directors The information on Directors is as follows: Rosslyn Joy Noonan Experience Chief Commissioner of the Human Rights Commission

of New Zealand Radhika Coomaraswamy Experience Chairperson of the National Human Rights Commission

of Sri Lanka John William Von Doussa Experience President of Australian Human Rights and Equal

Opportunity Commission Diana Fay Temby Experience Executive Director of Australian Human Rights and

Equal Opportunity Commission Nayan Bahadur Khatri Experience Chairman of the National Human Rights Commission of

Nepal Saneh Chamarik Experience Chairperson of National Human Rights Commission of Thailand Adarsh Sein Anand Experience Chairperson of the National Human Rights Commission

of India Suren Tserendorj Experience Chief Commissioner of the National Human Rights Commission of Mongolia Special Responsibilities Chairperson of the Forum Council Purificacion C. Valera Quisumbing Experience Chairperson of the Philippines Commission of Human

Rights Walter Gibson Rigamoto Experience Chairperson of the Fiji Human Rights Commission Special Responsibilities Deputy Chairperson of the Forum Council Tan Sri Abu Othman Experience Chairperson of the Human Rights Commission of

Malaysia

45

Abdul Hakim Garuda Nusantra Experience Chairperson of the Indonesian National Human Rights Commission Young-Do Choi Experience President of the National Human Rights Commission of

Korea (replaced by Young Hoang Cho on 11 April 2005) Young-Hoang Cho Experience President of the National Human Rights Commission of Korea Special Responsibilities Deputy Chairperson of the Forum Council Sima Samar Experience Chairperson of the Afghanistan Independent Human Rights

Commission (appointed 15 April 2006) Meetings of Directors

DIRECTORS DIRECTORS' MEETINGS

Number

eligible to attend

Number attended

Rosslyn Joy Noonan 1 1 Radhika Coomaraswamy 1 1 John William Von Doussa 1 - Diana Fay Temby 1 1 Nayan Bahadur Khatri 1 1 Saneh Chamarik 1 - Adarsh Sein Anand 1 1 Suren Tserendorj 1 1 Purificacion C. Valera Quisumbing 1 1 Walter Gibson Rigamoto 1 - Tan Sri Abu Othman 1 - Abdul Hakim Garuda Nusantara 1 1 Young-Do Choi - - Young-Hoang Cho 1 1 Sima Samar - - Indemnification of Officer or Auditor During or since the end of the financial year, the Company has given indemnity or entered an agreement to indemnify, or paid or agreed to pay insurance premiums as follows: The Company has paid premiums to insure each of the following Directors against liabilities for costs and expenses incurred by them in defending any legal proceedings arising out of their conduct while acting in the capacity of Director of the Company, other than conduct involving a wilful breach of duty in relation to the Company.

46

Ms Rosslyn Joy Noonan Ms Radhika Coomaraswamy

Mr John William Von Doussa Ms Diana Fay Temby Mr Nayan Bahadur Khatri Mr Saneh Chamarik Mr Adarsh Sein Anand Mr Suren Tserendorj Ms Purificacion C. Valera Quisumbing Mr Walter Gibson Rigamoto Mr Tan Sri Abu Othman Mr Abdul Hakim Garuda Nusantara Mr Young-Do Choi Mr Young-Hoang Cho Mr Sima Simar The amount of premium paid during the year by the Company to indemnify Directors during the year was $1,671. No indemnities have been given or insurance premiums paid, during or since the end of the financial year, for any person who is or has been the auditor of the Company. Proceedings on Behalf of the Company No person has applied for leave of Court to bring proceedings on behalf of the Company or intervene in any proceedings to which the Company is a party for the purpose of taking responsibility on behalf of the Company for all or any part of those proceedings. The Company was not a party to any such proceedings during the year. Auditors’ Independence Declaration A copy of the auditors’ independence declaration required under section 307C of the Corporations Act 2001 is set out on page 5. Signed in accordance with a resolution of the Board of Directors: John William Von Doussa Director Dated in Sydney on this day of 2006

47

ASIA PACIFIC FORUM OF NATIONAL HUMANS RIGHTS INSTITUTIONS ABN 98 099 972 997

AUDITOR’S INDEPENDENCE DECLARATION

As lead auditor for the audit of Asia Pacific Forum and Human Rights Institutions for the financial year ended 31 March 2006, I declare that, to the best of my knowledge and belief there have been:

No contraventions of the auditor independence requirements of the Corporations Act 2001 in relation to the audit; and

No contraventions of any applicable code of professional conduct in relation to the audit.

This declaration is in respect of Asia Pacific Forum of National Human Rights Institutions during the year.

S M WHIDDETT Partner MOORE STEPHENS SYDNEY Dated in Sydney on this day of 2006


INCOME STATEMENT

FOR THE YEAR ENDED 31 MARCH 2006 Notes 2006 2005 $ $

Revenue from ordinary activities 2 1,619,620 1,408,369

Employee benefits expense (321,701) (347,238)

Depreciation 3 (2,245) (1,832)

Bad and doubtful debts (13,678) -

Occupancy expense 3 (50,000) (50,000)

Administration expense

(118,898) (67,270)

Travel expense 3 (292,097) (330,915)

Consultant fees 3 (82,862) (107,611)

Project expenses (170,181) (106,625)

Meeting expenses (97,604) (99,408)

Other expenses from ordinary activities (14,113) (33,946)

Surplus from ordinary activities 456,241 263,524


BALANCE SHEET

AS AT 31 MARCH 2006

Notes 2006 2005 $ $

CURRENT ASSETS Cash assets 4 1,282,558 642,343 Receivables 5 451,325 456,203 Other assets 4,527 5,315 TOTAL CURRENT ASSETS 1,738,410 1,103,860

NON-CURRENT ASSETS

Plant and equipment 6 6,047 7,554 TOTAL NON-CURRENT ASSETS 6,047 7,554

TOTAL ASSETS 1,744,457

1,111,414

CURRENT LIABILITIES

Payables 7 86,257 79,824 Provisions 8 17,390 12,974 Other 9 181,800 15,848 TOTAL CURRENT LIABILITIES 285,447 108,646

TOTAL LIABILITIES 285,487

108,646 NET ASSETS 1,459,010

1,002,768

MEMBERS’ FUNDS

Accumulated surplus 10 1,459,010 1,002,768 TOTAL MEMBERS’ FUNDS 1,459,010

1,002,768


CASH FLOWS STATEMENT

FOR THE YEAR ENDED 31 MARCH 2006

Notes 2006 2005 $ $

CASH FLOW FROM OPERATING ACTIVITIES Grants received 1,357,048 1,400,779 Donations received 393,878 - Membership fees received 62,177 40,667 Payments to suppliers and employees (1,207,220) (1,152,447) Interest received 35,111 11,964

Net cash inflows from operating activities 15(b)

640,994

300,963

CASH FLOW FROM INVESTING ACTIVITIES

Payment for plant and equipment (779) (3,433)

Net cash outflows from investing activities

(779)

(3,433) Net increase in cash held 640,215 297,530 Cash at the beginning of financial year 642,343 344,813

Cash at the end of financial year 15(a)

1,282,558

642,343


STATEMENT OF CHANGES IN EQUITY

FOR THE YEAR ENDED 31 MARCH 2006

Notes

Accumulated surplus

$

Total

$ Balance as at 1 April 2004 (restated) 13 739,245 739,245

Surplus attributable to members 263,524 263,524

Balance as at 31 March 2005 (restated) 13

1,002,769

1,002,769

Balance as at 1 April 2005 1,002,769 1,002,769

Surplus attributable to members 456,241 456,241

Balance as at 31 March 2006

1,459,010

1,459,010

52

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES This financial report is a general purpose financial report that has been prepared in accordance with the Corporations Act 2001, Accounting Standards and Urgent Issues Group Interpretations, and complies with other requirements of the law. Accounting Standards include Australian equivalents to International Financial Reporting Standards (‘AIFRS’). Compliance with AIFRS ensures that the financial statements and notes of the Company comply with International Financial Reporting Standards (‘IFRS’). The financial report is for the entity Asia Pacific Forum of National Human Rights Institutions as an individual entity. Asia Pacific Forum of National Human Rights Institutions is a Company limited by guarantee, incorporated and domiciled in Australia. The financial report has been prepared on an accruals basis and is based on historical costs. It does not take into account changing money values or, except where stated, current valuations of non-current assets. Cost is based on the fair values of the consideration given in exchange for assets. The following is a summary of the material accounting policies adopted by the Company in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated. (a) Statement of Compliance As this is the first financial report prepared under the applicable Australian equivalents to International Financial Reporting Standards (AIFRS), the accounting policies applied may be inconsistent with those applied in the 31 March 2005 annual report as that report was presented under applicable previous Australian GAAP. No reconciliation of equity and profit and loss between previous applicable Australian GAAP and applicable AIFRS has been prepared, as there are no material differences between the relevant accounting policies presented under Australian GAAP and those presented under AIFRS. The adoption of applicable AIFRS has not required any previously reported financial figures to be restated. (b) Income Tax No provision for income tax has been raised as the Company is exempt from income tax under Division 50 of the Income Tax Assessment Act 1997. (c) Plant and Equipment Each class of plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation. Plant and equipment Plant and equipment are measured on the cost basis. The carrying amount of plant and equipment is reviewed annually by the Directors to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected net cash flows have not been discounted to present values in determining recoverable amounts.

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) (c) Plant and Equipment (continued) Depreciation The depreciable amount of all fixed assets are depreciated over their estimated useful lives to the Company commencing from the time the asset is held ready for use. The depreciation rates used for each class of depreciable assets are: Class of fixed asset Depreciation rates Depreciation basis Office Equipment 10 % Straight Line Furniture, Fixtures and Fittings 13.3 % Straight Line Computer Equipment 6.67% - 25 % Straight Line The assets' residual values and useful lives are reviewed, and adjusted if appropriate at each balance date. An asset’s carrying amount is written down immediately to its recoverable amount if the asset’s carrying amount is greater than its estimated recoverable amount. Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These gain or losses are included in the Income Statement. (d) Foreign Currency Transactions and Balances Foreign currency transactions during the financial year are converted to Australian currency at the rates of exchange applicable at the dates of the transactions. Amounts receivable and payable in foreign currencies at balance date are converted at the rates of exchange ruling at that date. The gains and losses from conversion of short-term assets and liabilities, whether realised or unrealised, are included in the results from ordinary activities as they arise. (e) Employee Entitlements Provision is made for the Company's liability for employee entitlements arising from services rendered by employees to balance date. Employee entitlements expected to be settled within one year together with entitlements arising from wages and salaries, annual leave and long service leave which will be settled after one year and other employee entitlements payable later than one year have been measured at the amounts expected to be paid when the liability is settled plus related on-costs. Long service leave is accrued in respect of all employees with more than five years service with the Company. Contributions are made by the Company to an employee superannuation fund and are charged as expenses when incurred. (f) Cash For the purposes of the Cash Flows Statement, cash includes cash on hand and at call deposits with banks or financial institutions.

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) (g) Revenue Grant income is recognised over the life of the grant. Grant income is matched with the related costs which they are intended to compensate. Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the financial assets. Other revenue is recognised when the right to receive the revenue has been established. (h) Goods and Services Tax (GST) Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office. In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of expense. Receivables and payables in the Balance Sheet are shown inclusive of GST. (i) Leases

Lease payments for operating leases, where substantially all the risks and benefits remain with the lessor, are charged as expenses in the periods in which they are incurred.

(j) Operating segment The Company operates only in Australia and their principal activity was the support of the development of national rights institutions in the Asia-Pacific region. (k) Comparatives Comparative figures have been adjusted to conform to changes in presentation for the current financial year where required by accounting standards or as a result of changes in accounting policy. 2006 2005 $ $ NOTE 2: REVENUE Operating activities - grant revenue 1,071,282 1,305,373 - donation 393,878 - - membership fees 57,404 34,999 - bank interest 2(a) 35,111 11,964 - other revenue 61,945 56,033 1,619,620 1,408,369

2006 2005 $ $ NOTE 3: SURPLUS FROM ORDINARY ACTIVITIES Surplus from ordinary activities has been determined after: (a) Expenses: Depreciation of non-current assets - Plant and equipment 2,245 1,833 Remuneration of the auditors for: - audit or review services 3,350 6,365 Bad debts 13,678 - Traveling expenses 292,097 330,915 Project expenses 170,181 106,625 Rental expenses on operating leases 50,000 50,000 Consultancy fees 82,862 107,611 NOTE 4: CASH ASSETS Cash on hand 100 100 Cash at bank 1,282,458 642,243 1,282,558 642,343 NOTE 5: RECEIVABLES Trade debtors 444,500 392,035 Less: Provision for doubtful debts (9,000) - 435,500 392,035 Other debtors 15,825 26,668 451,325 418,703 NOTE 6: PLANT AND EQUIPMENT Office equipment - at cost 7,409 6,671 Less accumulated depreciation (2,337) (1,340) 5,072 5,331 Computer equipment - at cost 4,723 4,723 Less accumulated depreciation (4,377) (3,182) 346 1,541 Furniture, fixtures and fittings - at cost 803 803 Less accumulated depreciation (174) (121) 629 682 Total plant and equipment 6,047 7,554

NOTE 6: PLANT AND EQUIPMENT (CONTINUED) (a) Movements in Carrying Amounts Movement in the carrying amounts for each class of plant and equipment between the beginning and the end of the current financial year

Office equipment

Furniture, fixtures &

fittings Computer equipment

Total

$ $ $ $ 2006 Balance at the beginning of the year 5,331 682 1,541 7,554Additions 738 - - 738Depreciation expense (997) (53) (1,195) (2,245)Carrying amount at end of year 5,072 629 346 6,047 2006 2005 $ $ NOTE 7: PAYABLES Trade creditors 16,921 33,292 Sundry creditors 69,336 9,201 86,257 42,493 NOTE 8: PROVISIONS Employee entitlements 17,390 12,974 (a) Aggregate employee benefits liability 17,390 12,974 No. No. (b) Number of employees at year end 5 5 $ $ NOTE 9: OTHER LIABILITIES CURRENT Accrued expenses 5,243 4,181 Deferred income 176,557 11,667 181,800 15,848 NOTE 10: ACCUMULATED SURPLUS Accumulated surplus at the beginning of the financial year 1,002,769

739,245

Net surplus attributable to members 456,241 263,524 Accumulated surplus at the end of the financial year 1,459,010 1,002,769

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2006 2005 $ $ NOTE 11: CAPITAL AND LEASING COMMITMENT (a) Operating lease commitments Non-cancelable operating leases contracted for but not capitalised in the financial statements:

Payable - not later than one year 50,000 50,000 - later than one year and not later than five years 12,500 12,500 62,500 62,500 The Company lease expires on 30 June 2006. HREOC has agreed to extend the lease agreement for a further period of 1 year to 30 June 2007 at the current lease rent of $50,000 plus GST. However, no formal lease agreement has yet been signed. NOTE 12: RELATED PARTY TRANSACTIONS (a) Names of Directors The names of each person holding the position of Director of the Company during the financial year were: Ms Rosslyn Joy Noonan Ms Radhika Coomaraswamy Mr John William Von Doussa Ms Diana Fay Temby Mr Nayan Bahadur Khatri Mr Saneh Chamarik Mr Adarsh Sein Anand Mr Suren Tserendorj Ms Purificacion C. Valera Quisumbing Mr Walter Gibson Rigamoto Mr Tan Sri Abu Othman Mr Abdul Hakim Garuda Nusantara Mr Young-Do Choi Mr Young-Hoang Cho The Directors of the Company did not receive any remuneration, superannuation or retirement payments from the Company. No Directors have entered into material contract with the Company since the beginning of the financial period and there were no material contracts involving Directors' interests at year end. (b) Director-related entities Occupancy fees paid to Australian Human Rights and Equal Opportunity Commission (HREOC). Mr John William Von Doussa, Executive Director of the Company is the President of HREOC. Furthermore, Ms Diana Temby is the Executive Director of the Company who is also the Executive Director of HREOC 50,000

50,000 Consultancy fees paid to HREOC. Dealings in regards to engaging HREOC as a consultant are in the ordinary course of business and on normal terms and conditions to HREOC. 47,122

14,127 Amounts paid to HREOC for the Company’s share of the accommodation costs that have been paid by HREOC and HREOC on-charges the costs that are to be paid by the Company. 22,512

10,240 124,634 74,367 Amounts due and payable at 31 March 2006 to HREOC

are:

Consultancy fees - 14,071

NOTE 13: ERROR IN PREVIOUS PERIODS An amount of $375,000 relating to grant receivable from AusAID was incorrectly excluded from the financials for the year ended 31 March 2004. The effect of the exclusion resulted in the change of the result from a deficit of $36,078 to a surplus of $338,922 as well as increasing under statement of surplus for the year, trade debtors and accumulated surplus by $375,000 for the year ended 31 March 2004. The same error resulted in the under statement of trade debtors and accumulated surplus by $375,000 for the year ended 31 March 2005. The financial statements have been restated to correct this error. The following is the effect of restatement on items of the Income Statement and Balance Sheet:

2004 2004

(Restated) 2005 2005

(Restated) Income Statement Revenue from ordinary activities 603,147 978,147 1,408,369 1,408,369Surplus/(deficit) for the year (36,078) 338,922 627,769 627,769Total changes in members funds (36,078) 338,992 627,769 627,769 Balance Sheet Receivables 60,968 473,468 43,703 456,203Total current assets 405,781 818,281 691,360 1,103,860Total assets 411,735 824,235 698,914 1,111,414Net assets 364,245 739,245 627,768 1,002,768Accumulated surplus 364,245 739,245 627,768 1,002,768Total members funds 364,245 739,245 627,768 1,002,768 There is no effect of the error for the year ended 31 March 2006. NOTE 14: ECONOMIC DEPENDENCE A significant portion of the grant revenue is dependent on the funding from a small number of donors, being the MacArthur Foundation, Australian Agency for International Development, New Zealand Agency for International Development and the government of the republic of India and Korea

59

Note 2006 2005 $ $ NOTE 15: CASH FLOW INFORMATION (a) Reconciliation of cash Cash at the end of the financial year as shown in the Cash Flows Statement is reconciled to the related items in the Balance Sheet as follows: Cash on hand 100 100 Cash at bank 4 1,282,458 642,243 1,282,558 642,343 (b) Reconciliation of cash flow from operations with surplus from ordinary activities after income tax: Surplus from ordinary activities after income tax 456,241 263,524 Non-cash flows in surplus from ordinary activities:

Depreciation 2,245 1,833 Bad debts 13,678 - Changes in assets and liabilities: (Increase)/decrease in receivables (8,631) 17,097 (Increase)/decrease in other assets 788 (5,315) Increase in payables 6,264 4,144 Increase in other liabilities 170,409 19,680 Cash flows from operating activities 640,994 300,963 NOTE 16: FINANCIAL INSTRUMENTS (a) Interest Rate Risk The Company's exposure to interest rate risk, which is the risk that a financial instrument's value will fluctuate as a result of changes in market interest rates and the effective weighted average interest rates on classes of financial assets and financial liabilities, is as follows:

Weighted Average

Effective

Interest RateFloating Interest Rate Non-Interest Bearing Total

2006 2005 2006 2005 2006 2005 2006 2005 % % $ $ $ $ $ $ Financial Assets: Cash 4.25 4.15 1,282,558 642,343 - - 1,282,558 642,343Receivables - - - - 451,325 418,872 451,325 418,872Total Financial Assets 1,282,558 642,343 451,325 418,872 1,733,883 1,061,215 Financial Liabilities: Trade and sundry creditors

-

-

-

- 86,257 42,492 86,257 58,341

Total Financial Liabilities - - - - 86,257 58,341 86,257 58,341 (b) Credit Risk The maximum exposure to credit risk, excluding the value of any collateral or other security, at balance date to recognised financial assets is the carrying amount of those assets, net of any provisions for doubtful debts, as disclosed in the Balance Sheet and notes to the financial report. (c) Net Fair Values For assets and liabilities the net fair value approximates their carrying value. The aggregate net fair values and carrying amount of financial assets and financial liabilities are disclosed in the Balance Sheet and in the notes to the financial statements. NOTE 17: INFORMATION AND DECLARATIONS TO BE FURNISHED UNDER THE CHARITABLE FUNDRAISING ACT 1991

60

The Company is authorised to fundraise under the Charitable Fundraising Act 1991. No fundraising appeals were conducted during the period and as such the Company did not utilise this authority in order to meet its charitable fundraising purposes.

NOTE 18: MEMBER'S GUARANTEE The Company is limited by guarantee. If the Company is wound up, the Constitution states that each member is required to contribute a maximum of $100 each towards meeting any outstanding obligations of the Company. NOTE 19: COMPANY DETAILS The registered office and principal place of business of the Company is: Asia Pacific Forum of National Human Rights Institutions Level 8 Piccadilly Tower 133 Castlereagh Street Sydney NSW 2000


DIRECTORS' DECLARATION

The Directors of the Company declare that: 1. The financial statements and notes, as set out on pages 7 to 17 are in accordance

with the Corporations Act 2001: (a) comply with Accounting Standards and the Corporations Regulations 2001;

and (b) give a true and fair view of the financial position as at 31 March 2006 and of

the performance for the financial year ended on that date of the Company.

In the Directors' opinion there are reasonable grounds to believe that the Company will be able to pay its debts as and when they become due and payable.

This declaration is made in accordance with a resolution of the Directors. John William Von Doussa Director

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Dated in Sydney on this day of 2006

INDEPENDENT AUDIT REPORT TO THE MEMBERS OF ASIA PACIFIC FORUM OF NATIONAL HUMANS RIGHTS INSTITUTIONS

Scope The financial report and Directors’ responsibility The financial report comprises the income statement, balance sheet, statement of changes in equity, cash flows statement, accompanying notes to the financial statements and the Directors’ Declaration for Asia Pacific Forum of National Human Rights Institutions (“the Company”) for the year ended 31 March 2006. The Directors of the Company are responsible for the preparation and true and fair presentation of the financial report in accordance with the Corporations Act 2001. This includes responsibility for the maintenance of adequate accounting records and internal controls that are designed to prevent and detect fraud and error, and for the accounting policies and accounting estimates inherent in the financial report. Audit approach We conducted an independent audit in order to express an opinion to the members of the Company. Our audit was conducted in accordance with Australian Auditing Standards, in order to provide reasonable assurance as to whether the financial report is free of material misstatement. The nature of an audit is influenced by factors such as the use of professional judgement, selective testing, the inherent limitations of internal control and the availability of persuasive rather than conclusive evidence. Therefore, an audit cannot guarantee that all material misstatements have been detected. We performed procedures to assess whether in all material respects the financial report presents fairly, in accordance with the Corporations Act 2001, including compliance with Accounting Standards and other mandatory financial reporting requirements in Australia, a view which is consistent with our understanding of the Company’s financial position, and of its performance as represented by the results of its operations and cash flows. We formed our audit opinion on the basis of these procedures, which included:

examining, on a test basis, information to provide evidence supporting the amounts and disclosures in the financial report, and

assessing the appropriateness of the accounting policies and disclosures used and the reasonableness of significant accounting estimates made by the Directors.

While we considered the effectiveness of management’s internal controls over financial reporting when determining the nature and extent of our procedures, our audit was not designed to provide assurance on internal controls. Independence In conducting our audit, we followed applicable independence requirements of Australian professional ethical pronouncements and the Corporations Act 2001. Audit Opinion In our opinion, the financial report of Asia Pacific Forum of National Human Rights Institutions is in accordance with:

(a) the Corporations Act 2001, including: (i) giving a true and fair view of the Company's financial position as at 31 March 2006 and of

its performance for the financial year ended on that date; and (ii) complying with Accounting Standards in Australia and the Corporations Regulations 2001;

and

63

(b) other mandatory professional requirements in Australia. S M WHIDDETT MOORE STEPHENS SYDNEY Partner Sydney Dated in Sydney this day of _________ 2006


COMPILATION REPORT

On the basis of the information provided by the Directors of Asia Forum Pacific of National Human Rights Institutions (the “Company”) we have compiled, in accordance with APS 9: Statement of Compilation of Financial Reports the Detailed Profit and Loss of the client for year ended 31 March 2006 as set out on page 22.

The Directors are solely responsible for the information contained in the Detailed Income Statement. Our procedures use accounting expertise to collect, classify and summarise the financial information which the Directors provided into a financial report. Our procedures do not include verification or validation procedures. No audit or review has been performed and accordingly no assurance is expressed. To the extent permitted by law, we do not accept liability for any loss or damage which any person other than the Company may suffer arising from any negligence on our part. No person should rely on the Detailed Profit and Loss without having an audit or review conducted. The Detailed Income Statement was prepared exclusively for the benefit of the Company. We do not accept responsibility to any other person for the contents of the general purpose financial report. S M WHIDDETT MOORE STEPHENS SYDNEY Partner Sydney Dated in Sydney this day of 2006

PRIVATE INFORMATION FOR THE DIRECTORS ON THE 2006 FINANCIAL STATEMENTS DETAILED INCOME STATEMENT FOR THE YEAR ENDED 31 MARCH 2006

2006 2005

$ $

INCOME

Management fees 44,906 11,225

Grant income 1,071,282 1,321,649

Donations 393,878 -

Membership fees 57,404 34,999

Interest 35,111 11,964

Other income 17,039 28,532

TOTAL INCOME 1,619,620 1,408,369

LESS: EXPENSES

Accounting fees 3,130 1,950

Fundraising expenses - 22,980

Audit fees 3,350 6,365

Bank charges 3,013 2,304

Bad debts written off 13,678 -

Computer expenses 2,539 3,635

Consultancy expenses 82,862 107,611

Project costs 174,896 160,769

Cabcharge 4,523 4,372

Depreciation 2,245 1,833

Donations 1,316 2,617

Employees' amenities 71,267 54,016

Employee Entitlement expense 4,416 6,283

Equipment rental expense 13,018 5,387

Freight and cartage 2,713 1,795

Fringe benefits tax 48,626 1,632

Insurance 24,470 21,629

Management fees 34,279 3,958

Office expenses 2,429 1,476

Printing and stationery 4,483 1,553

Recruitment costs 8,239 599

Rent 50,000 50,000

Salaries and wages 227,752 271,449

Sundry expenses 3,486 10,553

Superannuation 34,641 40,838

Telephone 3,379 5,790

Thematic Meeting costs 58,610 41,306

Traveling expenses 278,020 308,310

TOTAL EXPENSES 1,163,379 1,144,845 OPERATING SURPLUS 456,241

263,524

9. APF DRAFT STRATEGIC PLAN 2007 - 2009

ELEVENTH ANNUAL MEETING OF THE ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS

INSTITUTIONS


TITLE:

APF Draft Strategic Plan 2007 - 2009

SUMMARY OF ISSUE:

The APF’s needs to develop a new three year strategic plan for the period 2007 – 2009. A draft plan is submitted for consideration and feedback of Forum Councillors.

RECOMMENDATION:

That Forum Councillors consider the draft strategic plan for the period 1 January 2007 to 31 December 2009. Forum Councillors are requested to provide feedback on this draft plan by 1 September 2006. The draft will then be re-submitted to Forum Councillors for their consideration on 1 October 2006 with a view to it being adopted by 1 November 2006.


As set out in the APF Business Plan.





66

9.1 Background The Asia Pacific Forum of National Human Rights Institutions (the APF) is a membership organisation that supports the establishment and strengthening of national human rights institutions (NHRIs) in the Asia Pacific. It provides practical assistance and support to its individual member institutions, governments and civil society to enable them to more effectively undertake their own human rights protection, monitoring, promotion and advocacy. 9.1.1 Purpose of the Draft Strategic Plan The APF’s strategic plan for the period 2004 to 2006 detailed the activities necessary for the APF to successfully build upon its organisational transformation to become a fully fledged regional organisation. The key strategic goals of this plan were successfully implemented. The APF’s draft strategic plan for the period 2007 to 2009 is designed to consolidate and build on these achievements. It outlines the key strategic objectives and goals necessary for the APF to further strengthen its operations and to meet its mission and vision statements. The plan also outlines an operations plan to provide effective support to its members. Finally the plan details project outcomes and associated performance indicators. The draft plan is submitted for the consideration and feedback of Forum Councillors. It is requested that Forum Councillors provide comments on the plan by 1 September 2006. These comments will then be incorporated into the plan and it will then be re-submitted to Forum Councillors for their consideration on 1 October 2006 with a view to adoption by by 1 November 2006. 9.1.2 Objectives The APF’s 2007 to 2009 draft strategic plan states that the vision of the APF over the next three years is to be the ‘pre-eminent regional human rights organisation in the Asia Pacific’. The APF will achieve this by re-focusing on key service objectives with regard to its core mission of strengthening the capacity and regional representation of its members. In particular, the APF will:

• assist in the establishment and strengthening of NHRIs in the region in compliance with the Paris Principles.

• respond to the needs of its member institutions through the delivery of practical support projects.

• promote regional cooperation and coordination. • To be representative of the region in the organisation, participation and

implementation of its activities.

67

• To strengthen the APF secretariat’s capacity to meet the needs of its growing membership.

• To achieve a level of funding that is sufficient to deliver the APF’s Mission and Vision.

• To ensure that the organisation and its activities are administered effectively. 9.1.3 Operations The APF’s proposed operations for the 2007 to 2009 period cover the professional activities necessary to expand mutual support, co-operation and joint activity among member institutions. Future operations will be undertaken in relation to the following seven categories – (i) Annual Meetings of the APF, (ii) General Advisory Services, (iii) Advisory Council of Jurists, (iv) Information and Promotion, (v) International Law Development, (vi) Capacity Building Projects and (vii) Strategic Management. It is the intention of the draft plan that these services will increasingly be delivered over the three year period on a sub-regional basis. The draft plan proposes that these sub-regions will be (i) West Asia (ii) South Asia (iii) South East Asia (iv) North Asia and (v) the Pacific. 9.1.4 Implementing the Strategy In terms of the implementation of APF projects over the course of the last ten years, a number of lessons have been learnt:

(i) links between NHRIs in different countries is crucial for the implementation of cooperative efforts in the field of human rights.

(ii) specialised technical assistance and cooperation is a priority for the

development and strengthening of NHRIs.

(iii)the cooperative framework of the APF provides a non-confrontational and practical environment in which NHRIs can address human rights issues.

(iv) diversified and secure funding is necessary in order for the APF to meet

its mission and vision. The draft strategic plan for the 2007 to 2009 period incorporates and builds upon these ‘lessons learned’ and demonstrates how the APF will achieve its key goals and objectives through the:

• Operations Plan, which shows how the APF will implement its vision, mission and goals;

68

• Organisational Plan, which details how the APF will improve its organisational effectiveness.

On the basis of the comments and feedback received from Forum Councillors on the above draft operations & organisation plans, the APF will then prepare:

• The Financial Plan, which will outline the income and expenditure projected by the APF for the three year period 2007 to 2009 for the full implementation of the operations and organisational plans; and

• The Fundraising Plan, which will identify the APF fundraising goals and the steps to be taken to achieve them.

9.1.5 Monitoring and Evaluating the Strategy In relation to the APF’s projects, each individual activity will be monitored and evaluated in relation to the project’s goals, outputs and outcomes. Qualitative and/or quantitative evaluation methods will be utilised. In addition to the evaluation of individual APF project activity, the APF will report back each year to Forum Councillors on the overall implementation of this Strategic Plan and the individual operations, organisational, financial and fundraising plans. To ensure that the Strategic Plan is a dynamic document, its key strategic goals and objectives and the activities contained in the individual plans will be reviewed annually by the APF and submitted to Forum Councillors at each annual meeting for their consideration and approval. Each Forum Councillors and other key stakeholders will also be sent a general evaluation form at the end of each calendar year in order to assess the APF’s overall performance. 9.2 Strategic Goals and Objectives This section of the strategic plan outlines the draft mission, vision and key strategic goals and objectives of the APF over the next three year period. 9.2.1 Mission and Vision For the 2007 to 2009 period the APF’s draft Mission Statement is:

The NHRIs of the region believe that regional coordination is essential to protect and promote the human rights of the peoples of the Asia Pacific. Through the APF their collective efforts are focused on supporting the effective and efficient promotion of their respective mandates and the establishment and strengthening of new NHRIs in full conformity with the Paris Principles.

For the 2007 to 2009 period the APF’s draft Vision Statement is:

The APF will be the pre-eminent regional human rights organisation in the Asia Pacific by:

• being representative of its membership and responsive to their needs;

69

• strengthening the capacity of its membership to protect and promote human rights;

• securing sufficient funding for its activities; and • being the best managed organisation in its class.

9.2.2 Goals and Objectives To achieve the mission and vision for the APF, the following draft goals and objectives have been developed for the next three-year planning period:

• To respond to the needs of its member institutions through the delivery of practical support projects.

• To assist in the establishment and strengthening of NHRIs in the region in full compliance with the Paris Principles.

• To promote regional and sub-regional cooperation and coordination. • To be representative of the region in the organisation, participation and

implementation of its activities. • To strengthen the capacity of the APF to meet the needs of its growing

membership. • To achieve a level of funding that is sufficient to deliver the APF’s Mission

and Vision. • To ensure that the organisation and its activities are administered effectively.

9.3 Operations Plan for 2007 - 2009 This section of the business plan gives a practical outline of the operations the APF will undertake to achieve its strategic goals and objectives. 9.3.1 Current Operations In summary, the work of the APF can be categorised under three broad areas:

(i) Strengthening the capacity of individual APF members to enable them to more effectively undertake their national mandates.

(ii) Assisting governments and civil society to establish and strengthen national institutions in compliance with the minimum criteria contained in the Paris Principles.

(iii) Promoting regional cooperation on human rights issues. 9.3.2 Future Operations In keeping with the mission, vision and key strategic goals and objectives, the APF’s future operations for the 2007 to 2009 period will cover the professional activities necessary to expand mutual support, co-operation and joint activity among member institutions and requests from governments and civil society for assistance in the establishment and strengthening of national human rights institutions. Future operations can be grouped under the following seven headings:

70

(i) Annual Meetings of the APF;

71

(ii) General Advisory Services; (iii) Advisory Council of Jurists; (iv) Information and Promotion; (v) International Law Development; (vi) Capacity Building Projects; and (vii) Strategic Management.

The following operations will be undertaken during 2007 to 2009. The operations will be reviewed and updated on an annual basis for APF member consideration and approval:

APF STRATEGIC PLAN

ACTIVITY DETAILS EXPECTED OUTCOMES

ANNUAL MEETINGS

1. The APF will hold its 12th

Annual Meeting before August 2007





The APF will be responsible, in cooperation with the

host institutions, for all aspects of the management of the annual meetings. This will include the development of policy papers, organisational logistics, provision of personnel, fundraising, administration, evaluation and reporting

Increased APF

membership to at least 20 members by 2009

APF member approval of

key planning and management documents (e.g. audit, annual strategic plans)

APF member approval of

a joint ‘concluding statements’ detailing the above outcomes and other agreed activities/positions

GENERAL ADVISORY SERVICES

1. Advice on the nature and

status of NHRIs to members, governments and civil society, including detailed legislative drafting and legal advice on request

2. Advice on specific issues of

regional concern

Compliance with Paris principles - Advice on the

establishment of NHRIs in full compliance with the Paris Principles - Japan - China - Pakistan - Solomon Islands - Pacific Islands Forum - Other States TBD

APF annual meetings – Advice on the administrative,

logistical and diplomatic aspects of hosting and implementing the APF’s annual meetings

The provision of APF

advice to the listed stakeholders seeks to ensure that the NHRIs are established in full compliance with the Paris Principles. Specific recommendations will be made, where necessary, to influence legislative proposals put forward for Parliamentary consideration

APF advice seeks to

ensure effective and efficient annual meetings

APF STRATEGIC PLAN


73

- host institutions for 2007 to 2009 Trafficking – Advice on the implementation of the

recommendations of the ACJ - Regional advice to the trafficking ‘focal points’ established in individual APF member institutions

Death penalty – Advice on the implementation of the

recommendations of the ACJ - APF member institutions on request

Terrorism and human rights – Advice on the implementation of the recommendations of the ACJ

- APF member institutions on request Torture – Advice on the implementation of the


Education – Advice on the implementation of the


Pacific sub-regional human rights arrangements –

Advice on the sub-regional human rights mechanisms - Pacific Islands Forum (PIF), governments and civil society in cooperation with the OHCHR Pacific regional representative

Internally Displaced Persons (IDPs) – Advice on the use

of NHRIs powers to promote the guidelines on IDPs - Participating NHRIs of the IDP project - Governments and civil society

Trafficking ‘focal points’

will have increased skills and knowledge to undertake their role

Influencing the debate on

the use of the death penalty in APF member States

As above but with regard

to terrorism As above, but with regard

to torture As above, but with regard

to education Greater awareness among

stakeholders of NHRIs and regional mechanisms

Assistance to NHRIs with

recommendations to enhance engagement on IDP issues

APF STRATEGIC PLAN


74

3. Advice on operational issues

such as institutional strengthening, organisational structure, operational procedures, financial resources, etc

4. The promotion of ‘best

practice’ models

Disability – Advice on the development of international human rights law for people with disabilities and tools for data collection

- APF member institutions, governments and civil society

Investigation skills – Advice and follow-up activity

flowing from the implementation of professional skills training

- NHRCM - SUHAKAM - South Korea - Other participating institutions

Institutional Strengthening – Advice on the

development, implementation and funding of institutional strengthening projects

- All APF members

Investigation network – Advice on ‘best practice’ investigation techniques via the continued support of the ‘Investigators Network’

- All APF member institutions Governance – Advice on ‘best practice’ governance and

managerial practices via the continued support and development of the ‘Senior Executive Officers Network’

- All APF member institutions Pre-establishment guidelines – Advice on ‘best practice’

procedures for the developmental process prior to the establishment of NHRIs

- Regional governments and civil society

Assistance to NHRIs with recommendations to enhance effectiveness in disability issues

Assistance to participating

NHRIs with regard to investigation skills

Assisting the respective

NHRIs to more effectively undertake their mandates

Assisting the development

of an effective ‘peer’ network of investigators

Assisting in the

development of an effective network of SEO’s

Greater understanding by

States and civil society on the steps to be taken in establishing a NHRI

APF STRATEGIC PLAN


75

ADVISORY COUNCIL OF JURISTS

1. The ACJ will meet in

association with the 12th, 13th and 14th Annual Meetings of the APF. The ACJ will consider references TBD as approved by APF members at Annual Meetings.

The APF will be responsible for the development of

comprehensive background papers; the organisation, management and servicing of the ACJ’s meetings and for the dissemination of the recommendations of the ACJ

In addition the APF will continue to assist its member

institutions to implement the previous recommendations of the ACJ. In particular the APF will provide technical assistance to at least 4 institutions per year to assist in the implementation of the ACJ recommendations

The effective management

of the meetings to enable the ACJ to conclude their work. The ACJ’s reports will contribute to a greater understanding of international law in the Asia pacific region

Greater compliance of

domestic law with international law

INFORMATION AND PROMOTION

1. The APF will review its

outreach, information and promotion strategies to ensure that they meet the needs of stakeholders.

2. The APF will disseminate

information through a wide range of mechanisms on the role and functions of NHRIs and the activities of the APF. In particular the APF will provide information to member institutions, governments, UN agencies, NGOs and the general community

The APF will review its strategic outreach programs and

information and promotion strategies in association with members and other key stakeholders

Publish at least 6 copies of the Forum Bulletin per year

Publish quarterly donor e-newsletters

Review and update the overall structure, format and

presentation of the APF website, and post new information on at least a fortnightly basis or otherwise as required taking account of the activities being undertaken by the APF

Expand the range of information resources relating to

NHRI legislation, casework, techniques, procedures and capacity building material on the APF website

A greater understanding

and awareness amongst key stakeholders of the role of NHRIs and the specific role of the APF in assisting (i) its members to perform more effectively (ii) in the establishment of new NHRIs in compliance with the Paris Principles and (iii) promoting regional cooperation

APF STRATEGIC PLAN


76

Facilitate study tours by government and NGO representatives interested in acquiring information about NHRIs and the APF

Undertake speaking engagements at significant

international, regional and national seminars and meetings

Hold bilateral discussions with governments, regional

and international organisations and civil society

INTERNATIONAL LAW DEVELOPMENT

1. The APF will participate in

the development of international human rights law

Participate and assist in defining a role for NHRIs in the

UN Human Rights Council Participate in the annual UN workshop on the

promotion of regional arrangements for human rights in the Asia Pacific region

Participate in the development and implementation of

international law - UN Convention on the Rights of People with

Disabilities - OPCAT

Participate in the meetings of the International

Coordinating Committee of NHRIs

NHRI input assists in the

development of more effective (i) international law and (ii) regional arrangements and their implementation

CAPACITY BUILDING

1. The APF will provide

professional skill development training and capacity building assistance. Training and capacity

Investigation Techniques Training

- The APF will organise, in partnership with key stakeholders, ‘in-country’ training on investigation techniques with two institutions per year

-

Increased skills and

techniques on investigations for the staff of participating NHRIs

APF STRATEGIC PLAN


77

building will focus on the needs expressed by the APF membership

2. The APF will provide

professional skills and capacity building to

Media Training

- The APF will organise, in partnership with key stakeholders, “in-country” training on building an effective media and communication program with two institutions per year

International Law and Mechanisms: - The APF will organise, in partnership with key stakeholders, one region wide training course and one ‘in country’ training course on international law and mechanisms per year

Monitoring – the role of public inquires: - The APF will organise, in partnership with key stakeholders, the development and dissemination of training on the use of public inquires as a monitoring tool. Dissemination will be via the APF website and ‘in country’ training as requested.

Regional Staff Placements

- The APF will organise for staff placements between participating NHRIs

Thematic training and capacity building

- The APF will organise specialised training and capacity building projects on various thematic issues on request, in particular Human Rights Education, IDPs, Torture

The APF will provide capacity building assistance to

requesting States (eg China, Solomon Islands etc)


techniques on media and communication strategies for the staff of participating NHRIs


greater understanding of international law and mechanisms and the role NHRIs


greater understanding of the role of public inquires


greater understanding of NHRIs operational effectiveness for participating staff

The provision of a range

of assistance to strengthen capacity of NHRIs on thematic issues

NHRIs established in

compliance with the Paris Principles

APF STRATEGIC PLAN


78

requesting States to assist in the establishment and strengthening of NHRIs in full compliance with the Paris Principles

3. Support to other NHRIs

The APF will provide capacity building assistance to

other NHRIs not as yet members of the APF at the direction of Forum Councillors and in proportion with available resources additional funding received through the implementation of the fund development plan

Assisting NHRIs to more

effectively undertake their mandates

STRATEGIC MANAGEMENT

1. The APF will be responsible

for the overall strategic management of the organisation and its operations

Servicing the APF Chairperson, meetings of the full

Forum Council and any sub-committees established by the Council

Identifying international issues and pursuing activities

that support the APF’s mission and vision for the region Identifying and pursuing opportunities to increase

regional participation and representation across the breadth of its activities including the involvement, wherever possible, of non-member institutions, governments and civil society

Completing all monitoring, evaluation and reporting

requirements Identifying and implementing risk management

strategies for all project activities and the overall

Ensuring the effective

operation of the APF as a ‘membership’ organisation

Ensuring APF relevance

and strategic engagement As above

To enable the APF to

effective manage its activities and improve services

As above

79

APF STRATEGIC PLAN


operation of the APF Implementing a long-term fund development strategy

The effective, efficient and equitable management of

APF financial and human resources Strengthening the APF’s governance and organisational

structure through the development of board and operational policies

To achieve financial

stability Ensuring the effective

operation of the APF As above

9.4 Organisational Plan for 2007 to 2009 This section of the draft strategic plan gives a practical outline of the existing APF organisational structure and how it will be strengthened to achieve its strategic goals and objectives. 9.4.1 Membership The APF is comprised of NHRIs. Full members of the APF must comply with the minimum standards set out in the Principles Relating to the Status of National Institutions (more commonly know as the Paris Principles).33 Candidate and Associate members are institutions which currently do not fully comply with the Paris Principles. These institutions participate in APF activities but not in the decision-making processes of the APF. The commissions that currently constitute the members of the APF are the:

Afghanistan Independent Human Rights Commission Australian Human Rights and Equal Opportunity Commission Fiji Human Rights Commission National Human Rights Commission of India Indonesian National Commission on Human Rights Jordan National Centre for Human Rights Human Rights Commission of Malaysia National Human Rights Commission of Mongolia National Human Rights Commission of Nepal New Zealand Human Rights Commission Palestinian Independent Commission for Citizens Rights Philippines Commission on Human Rights National Human Rights Committee of Qatar National Human Rights Commission of the Republic of Korea Human Rights Commission of Sri Lanka National Human Rights Commission of Thailand Provedor for Human Rights and Justice of Timor-Leste

See http://www.asiapacificforum.net/member/members.htm for further details on each of the above institutions, including their powers, functions and composition. New institutions can apply for membership of the APF at any time. All decisions on membership are the sole responsibility of the existing Forum Councillors. During the life of this plan it is envisaged that an additional three institutions will become members of

33 Endorsed by the UN Commission on Human Rights and the General Assembly (Commission on Human Rights resolution 1992/54 of 3 March 1992 and General Assembly resolution 48/134 of 20 December 1993, annex). For the full text see http://www.asiapacificforum.net/about/paris_principles.html

http://www.asiapacificforum.net/member/members.htm

the APF by the end of 2009 – bringing the total membership of the APF up to twenty members. 9.4.2 Governance Structure The APF is an independent, membership based, non-profit, legal entity. The main organisational elements of the APF are as follows:

• The APF constitution establishes a Forum Council which is comprised of one councillor nominated by each full member institution of the APF.34 The Forum councillors are the decision-making body of the APF and exercise all the powers conferred by the constitution.

• The Forum councillors are responsible for electing a Chairperson of the

Council.35 The role of the Chairperson is to lead the Council and be the official spokesperson of the APF. Forum councillors also elect two Deputy Chairpersons.36

• The Forum councillors can establish a number of committees of

councillors. The structure currently has a management committee to oversee the work of the APF comprised of the Chairperson and host institution.

• The Forum councillors may also decide to establish a number of

advisory committees. The Advisory Council of Jurists falls within this structure.37

• The Director of the APF secretariat is responsible for implementing the

decisions of the Forum councillors and managing the staff of the APF. The Director reports to the Chairperson on a regular basis and to the Forum Councillors through the management committee.

Below is a diagrammatic view of the organisation:

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34 For a full copy of the Constitution see http://www.asiapacificforum.net/about/constitution.html35 Currently Justice Anand, former Chief Justice of the Supreme Court of India and current Chairman of the National Human Rights Commission of India 36 Currently Justice Khatri, former Chief Justice of the Supreme Court of Nepal and current Chairman of the Nepalese Human Rights Commission and Dr Radhika Commaraswamy, former Special Rapporteur on Violence Against Women and current Chairwomen of the Sri Lankan Human Rights Commission. 37 See http://www.asiapacificforum.net/jurists/jurists.html for further details.

Figure 1 – Structure of the APF 9.4.3 Management Structure The secretariat of the APF currently has five staff.38 The Director manages the staff and is responsible for the overall implementation of APF projects and the attainment of the goals and objectives of this strategic plan. The staff are supplemented by staff placements from participating NHRIs and student interns. Below is a diagrammatic view of the secretariat:

Figure 2 – Structure of the Secretariat 9.4.4 Institutional Strengthening To keep pace with the demands of its increasing membership and to achieve its mission, vision and key strategic goals and objectives, the APF will need to strengthen its secretariat.

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38 See http://www.asiapacificforum.net/about/secretariat.html for further details.

Forum Chairperson

Forum Councillors

Deputy Chairperson 1 Deputy Chairperson 2

Advisory Committees Councillor Committees


Management Committee

APF secretariat

Director

Deputy Director

Project Manager Development Manager

Administration/Finance Officer

Additional secretariat staff and job specifications were identified and approved by Forum Councillors in the 2004 to 2006 strategic plan. However these positions were only partially implemented due to a lack of funds. For the 2007 to 2009 period the APF will strengthen its institutional structure by fully implementing the APF secretariat structure and employing an additional two staff members. Below is a diagrammatic view of the proposed structure:

Figure 3 – Proposed structure of the Secretariat

The staff responsibilities are set out below:

• Director: the Director is responsible for the strategic management of the secretariat and the implementation of Forum Council policy and activities.

• Deputy Director: the Deputy Director is responsible for specific project

activities, staff management and the overall responsibility of the secretariat in the absence of the Director.

• Project Manager: the Project Manager is responsible for design, management,

evaluation, reporting and implementation of specific projects.

• Project Manager (regional training): the Project Manager (regional training) is responsible for design, management, evaluation, reporting and implementation of the APF’s regional training projects.

• Development Manager: the Development Manager is responsible for donor

development, liaison and high level financial controls. The officer is also assigned specific project activities within available capacity.

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Director

Deputy Director

Project Manager Development Manager

Project Manager (regional training)

Information and Promotions Officer (p/t) Administration/Finance Officer

• Information and Promotion Officer: the Information and Promotion Officer will be a new part-time position responsible for website development, newsletters, database management and promotion activities.

• Finance and Administration Officer: the Finance and Administration Officer is

responsible for financial management and administration. 9.5 Financial Plan for 2007 to 2009 Upon receiving feedback from Forum Councillors concerning the proposed operations and organisational plans, the APF will develop a financial plan for 2007 to 2009 which reflects the full implementation of all approved activities. 9.6 Fundraising Plan for 2007 to 2009

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In line with the above financial plan the APF will then develop a three year fundraising plan to raise the necessary funds between confirmed income and projected expenditure.

10. ARRANGEMENTS FOR APF 11



TITLE:

Arrangements for APF 11

SUMMARY OF ISSUE:

SPEAKERS – refer to section 5.1 of this paper for the agenda of the meeting. Could all speakers confirm their participation. CONCLUDING STATEMENT – the finalisation of the Concluding Statement is the responsibility of Forum Councillors. The secretariat will take the responsibility for the preparation of a draft statement for the consideration of Forum Councillors which we will distribute on the evening of Wednesday 2 August 2006. Given that the Annual Meeting will, at that stage, be only at the halfway mark, the draft statement will, of necessity, be an incomplete document. The secretariat requests that all Forum Councillors provide any comments they may have on the draft statement at the start of business on Thursday 3 August 2006. A second draft will then be distributed to all Forum Councillors for their consideration at 4:00pm on Thursday. Forum Councillors will discuss this draft in private in the ‘Banyan’ Room. Please note that the agenda of the meeting has allowed Forum Councillors 1 hour to conclude discussion on the draft and adopt a final statement for the meeting. It is therefore important that all Forum Councillors wishing to participate in this discussion make their way to the meeting room at 4:00pm sharp. Once finalised, the Concluding Statement will be distributed to all participants.

RECOMMENDATION:

That Forum Councillors note the above arrangements.


Policy, staffing and expenditure considerations are highlighted in the Business Plan.





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11. ADVISORY COUNCIL OF JURISTS



TITLE:


SUMMARY OF ISSUE:

(i) REFERENCE - Could all Forum Councillors consider a possible reference to be forwarded to the Advisory Council of Jurists for the 11th Annual Meeting. In addition the following paper includes the ideas for references received by the APF secretariat. As per previous practice, if agreement is reached on a topic the secretariat will then take responsibility, after the conclusion of the meeting, for drafting Terms of Reference on the issue. These will then be circulated to all Forum Councillors for their consideration and approval.

RECOMMENDATION:

That Forum Councillors discuss and determine a new reference.


Policy, staffing and expenditure considerations are set out in the Business Plan.





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11.1 Possible References to the Advisory Council of Jurists The APF secretariat has received the following suggestions of issues to be referred to the Advisory Council of Jurists (ACJ). 9.6.1 Regional or Sub-Regional Human Rights Instrument In their final report on torture presented to Forum Councillors last year, the Advisory Council of Jurists stated that:

The High Commissioner … states that one of the challenges of the Asia Pacific region remains the lack of a single human rights instrument reflecting a common regional approach to human rights in the region. The ACJ agrees. We consider that the APF and, in particular, the ACJ are uniquely placed to prepare a draft regional or sub-regional instrument for the region and would recommend that the ACJ be instructed to undertake this task.

9.6.2 Human Rights Defenders The International Service for Human Rights (ISHR), in consultation with Asia Pacific Women, Law and Development (APWLD) and the Asian Forum for Human Rights and Development (Forum-Asia) have prepared the following concept note on human rights defenders as a suggested topic to be referred to the ACJ. According to the United Nations Declaration on Human Rights Defenders39, defenders are those “individuals, groups and associations […] contributing to […] the effective elimination of all violations of human rights and fundamental freedoms of peoples and individuals.”40 This broad definition encompasses defenders working towards the promotion, protection and realisation of civil and political rights as well as economic, social and cultural rights. It also includes defenders working to promote and protect the human rights of particularly vulnerable groups, such as women human rights defenders and LGBT activists. The Declaration was adopted by consensus by the United Nations General Assembly in 1998. It recognises the legitimacy of human rights activity and the need to protect this work and those who carry it out. The UN Declaration specifies how the rights contained in the major human rights instruments apply to human rights defenders. It contains principles and rights based on human rights standards protected in other international instruments, such as the right to freedom of expression, association and assembly.

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39 Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (commonly known as Declaration on Human Rights Defenders), adopted by General Assembly resolution 53/144 of 9 December 1998. 40 Declaration on Human Rights Defenders, Preambular paragraph 4.

In this context, the violations of the rights of human rights defenders in the Asia Pacific region41 are a matter of serious concern. In 2005, the number of violations by State and non-State actors aimed at or resulting in hindering the work of human rights defenders has increased, compared to the previous year, in virtually all states in the region.42 The UN Special Representative of the Secretary-General on the situation of human rights defenders (the Special Representative)43 has reported on the harassment, intimidation and attacks, including killings, faced by defenders in the Asia Pacific region because of their human rights work. For example, in 2005, in the Philippines, 18 cases of intimidation and attacks against defenders were brought to the attention of United Nations mechanisms. Twelve of those cases resulted in the death of the persons targeted. The seriousness of the situation is such that the Special Representative spoke of a “pattern of harassment by State authorities against defenders” and of an “emerging campaign against those working for the promotion and protection of recognized international human rights.”44 State authorities have often failed to investigate complaints of harassment and attacks, thus fostering a climate of impunity for the perpetrators. Resort to arbitrary arrest and detention is also on the increase. In Nepal there were more than 250 cases of arbitrary arrest after the dissolution of the constitutional government in 2005.45 However, this trend is not limited to emergency situations. In India, South Korea and Malaysia there have been several instances of mass arbitrary arrests of defenders during peaceful demonstrations.46 In many cases of violations against defenders the ultimate target of the perpetrators was the organisation of which the victim was a member. These cases, which often involved police raids in the organisation’s offices as well as seizure of documents and equipment, constituted an attempt to deter the organisations from carrying out their human rights activity.47 Restrictive legislation as well as the use of criminal defamation suites and other legal proceedings48 also severely hampered the freedom of expression of defenders working in the region.

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41 The situation of human rights defenders considered in this document only refers to the twelve full members of the Asia Pacific Forum of National Human Rights Institutions (APF). 42 10 out of 12 APF members have had cases concerning human rights defenders taken up by international mechanisms or international NGO, see supra note 1. 43 Since the adoption of the Declaration the following international and regional human rights protection mechanisms have been set up to promote the protection of human rights defenders worldwide: • The mandate of the United Nations Special Representative of the Secretary General on Human Rights Defenders,

created by the UN Commission on Human Rights; • The mandate of the Special Rapporteur of the African Commission on Human and People’s Rights on the situation of

human rights defenders in Africa; • The Human Rights Defenders Unit of the Inter-American Commission on Human Rights. The EU has also adopted

specific Guidelines on Human Rights Defenders as a tool that EU missions should implement to protect defenders in third countries.

44 Report of the Special Representative of the Secretary-General on the situation of human rights defenders (SRSG HRD) (2006), E/CN.4/2006/95/Add.1, § 427. 45 Report of the SRSG HRD (2006), supra note 7, §§ 359-375; OMCT/FIDH Observatory for the Protection of Human Rights Defenders, Annual Report 2005, p. 307 ff. 46 Report of the SRSG HRD (2006), supra note 7, § 313; Report of the SRSG HRD (2005), E/CN.4/2005/101/Add.1, §§ 354-355; OMCT/FIDH Observatory, supra note 8, p. 296, 326. 47 See, for example, report of the SRSG HRD (2005), supra note 9, §§ 312, 315, 467, 497; OMCT/FIDH Observatory, supra note 8, p. 295. 48 Human Rights Watch, Annual Report 2006 and Amnesty International, Annual Report 2006 (Indonesia).

In addition, women human rights defenders and defenders working on women’s rights have increasingly been targeted.49 Women defenders are more at risk to violence and gender-specific forms of violence as they may defy cultural, religious or social norms about the role of women in society.50 LBGT activists and defenders working on LGBT issues also suffered attacks.51 LGBT defenders face specific violations in their work in defence of human rights because of their sexual orientation or gender identity and the issues they raise. Both groups are particularly exposed to violations not only by State authorities but also by non-State actors, including fundamentalist groups, the community and the family.52

The outlined trend of restrictions to human rights activities and violations against defenders is also reflected in the findings of the UN treaty monitoring bodies on several States of the Asia Pacific region examined in the period 2004-2006, namely Nepal, Sri Lanka and Thailand.53 Serious concern has been expressed at the adoption of restrictive legislation regulating the registration, management, activities and funding of NGOs54; at restrictive legislation regulating freedom of assembly and the media55; and at the practice of harassment against defenders through legal proceedings, intimidation and attacks.56 Finally, the situation in some states in the region is worsened by the existence of a conflict in part of the country57 and the adoption of security and emergency legislation, which has in many cases been used as a tool to restrict defenders’ rights and freedoms58. These trends reveal worrying shortcomings in States’ observance of universally recognised standards protecting human rights defenders and are incompatible with their international human rights obligations. The UN Declaration on Human Rights Defenders clearly affirms the existence of the right to defend human rights without fear of suffering reprisals and abuses. It states the right of defenders to associate and carry out their human rights activities without restrictions; their right to peacefully gather to protest and criticise the government; and the obligation of the State to protect defenders against any violations of their rights by State authorities or private individuals. The Declaration reaffirms rights and freedoms that are protected under binding international human rights instruments, including the Covenant on Civil and Political

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49 Amnesty International, Annual Report 2006 (Regional overview – Asia-Pacific). 50 Report of the SRSG HRD (2002), E/CN.4/2002/106, § 91. 51 See, for example, the report of the SRSG HRD (2005), supra note 9, § 409. 52 Proceedings of the International Consultation on Women Human Rights Defenders, Sri Lanka, Dec 2005, p. 9-14. 53 The Committee Against Torture examined the situation in Nepal and Sri Lanka in December 2005; the Human Rights Committee examined Thailand in July 2005 and Sri Lanka in December 2003. 54 Committee Against Torture, Concluding Observations on Nepal, CAT/C/NPL/CO/2, 15 December 2005, § 23. See also Report of the SRSG HRD, Compilation of developments for the situation of human rights defenders since 2000, E/CN.4/2006/95/Add.5, §§ 973 (Malaysia), 1153, 1167 (Nepal). 55 Human Rights Committee, Concluding Observations on Sri Lanka, CCPR/CO/79/LKA, 1 December 2003, §§ 17-18. See also Report of the SRSG HRD, Compilation of developments, supra note 13, §§ 972-974 (Malaysia). See also Human Rights Watch, Annual Report 2006 (Malaysia, Thailand). 56 Human Rights Committee, Concluding Observations on Thailand, CCPR/CO/84/THA, 8 July 2005, §§ 18-19. 57 Situations of conflict persisted in parts of India, Nepal, the Philippines, Sri Lanka and southern Thailand. A peace agreement has been reached in Nanggroe Aceh Darussalam, Indonesia. 58 See report of the SRSG HRD, Compilation of developments, supra note 13, §§ 969, 978, 981 (Malaysia), 1586 (Thailand).

Rights (ICCPR), which has been ratified by most APF member States.59 However, despite calls by the UN Special Representative on human rights defenders60 as well as by the Asian human rights defenders community61, no legislative or administrative measures have been taken to incorporate and implement the Declaration at the domestic level. Furthermore, lack of cooperation by States with the mandate of the UN Special Representative on human rights defenders is widespread. Several countries in the region, including India, Indonesia, Malaysia and Nepal, have not responded to requests for invitation from the Special Representative to visit their country. Of grave concern is also the late and inadequate responses often given by States to communications sent by the Special Representative. While action has been taken in all other regions of the world leading to establishment of specific mechanisms for the protection of human rights defenders, including the mandate of the Special Rapporteur of the African Commission on Human and Peoples’ Rights, the Human Rights Defenders Unit of the Inter-American Commission on Human Rights and the European Union Guidelines, no such mechanisms exist in Asia. In light of the outlined trend concerning the situation of human rights defenders in the Asian-Pacific region, the attention of the Advisory Council of Jurists on this issue is therefore all the more needed. ISHR would like the Advisory Council of Jurists to issue an opinion on the matter. Possible Questions to be Considered by the Advisory Council of Jurists ISHR would like Advisory Council of Jurists to address the following issues: • Applicability of the UN Declaration on Human Rights Defenders in the Asia Pacific

region, as a comprehensive sets of rules and standards concerning the protection of human rights defenders and reaffirming rights and obligations that are binding under international human rights law.

• Legal obligations of States to protect the physical integrity of human rights defenders

against any action by State authorities or private actors; • The nature of the obligations of States under international human rights instruments

and standards with regard to:

o The right to freedom of association, as applicable to human rights defenders, in particular with regard to the registration, management, activities and funding of non-governmental organisations;

o The right to freedom of assembly, as applicable to human rights defenders, in

particular with regard to:

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59 Only Fiji and Malaysia have not ratified the ICCPR. 60 Report of the SRSG HRD (2006), supra note 7, § 49. 61 See, for example, the South Asian Human Rights Defenders’ Declaration, adopted by the First Human Rights Defenders Forum in South Asia held in Dhulikhel, Nepal, in June 2006.

The regime of authorisation of peaceful gatherings; The use of force to disperse demonstrators; Resort to arrest during peaceful gatherings.

o The right to freedom of expression, as applicable to human rights defenders,

in particular with regard to: The regulation of defamation through criminal law; Restrictions on media freedom.

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12. OHCHR REPORT

ELEVENTH ANNUAL MEETING OF THE ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS

INSTITUTIONS


TITLE:

Office of the High Commissioner for Human Rights (OHCHR) Report

SUMMARY OF ISSUE:

The representative of the OHCHR will provide a report on recent NHRI activities and on the Asia Pacific ‘framework’ process.

RECOMMENDATION:





OHCHR


None

13. INTERNATIONAL COORDINATING COMMITTEE



TITLE:

International Coordinating Committee SUMMARY OF ISSUE:

Reports from APF representatives on: Treaty Body Reform (South Korea) Human Rights Council (India) Accreditation (Fiji) Amendments to the ICC Rules of Procedure (Sect & Fiji) Election of 4 APF representatives to the ICC International Conference of NHRIs in Bolivia (OHCHR)

Further details are provided in the accompanying paper.

RECOMMENDATION:

That Forum Councillors discuss any issues arising from the reports and call for nominations to elect 2 representatives to the ICC as per the attached guidelines.


Policy, staffing and expenditure considerations are set out in the Business Plan.





13.1 International Coordinating Committee On 24 April 2006 the APF sent out a notice to all members calling for nominations to be members of three ICC working groups on (i) Treaty Body Reform (ii) Human Rights Council and (iii) Accreditation Procedures. 13.1.1 ICC Working Group on Treaty Body Reform The National Human Rights Commission of the Republic of Korea nominated to become a member of this working group. A Recommendations Paper on the role of NHRIs and the UN Treaty Monitoring Bodies was prepared by Frauke Seidensticker as Chair of the Working Group and submitted to the meeting of the Chairpersons of all the Human Rights Treaty Bodies held on 21 - 22 June 2006. The Commission will provide an oral report on activities. 13.1.2 ICC Working Group on the Human Rights Council

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The NHRIs from Australia, India, Indonesia and the Philippines nominated to become a member of this ICC working group. Following discussions among the four NHRIs it was determined that they should constitute an APF working group to examine the possible role and functions of NHRIs in the new United Nations Human Rights Council. The four institutions nominated the National Human Rights Commission of India to be the formal APF representative on the ICC Working Group. A draft position paper was prepared by the APF Working Group and forwarded to all APF member institutions for review and approval on 2 June 2006. APF members approved this draft paper and it was then marked ‘final’ and forwarded to the ICC Working Group for consideration. A draft ICC position paper was subsequently produced and circulated amongst the members of the ICC Working Group. This draft paper was circulated to all APF member institutions on 20 June 2006. While the IC paper reflected many of the APF’s proposals, member institutions of both the APF Working Group and the broader APF membership raised a number of objections to proposals contained in the draft ICC paper relating to the role of NHRIs in the Human Rights Council’s Special Procedures and Universal Periodic Review. The APF Working Group also recommended that these proposals required a broader APF discussion. The draft ICC paper was subsequently amended to reflect the concerns of the APF. A copy of this paper can be found at annex 1. The ICC Working Group then proposed that a second paper be prepared dealing with the role of NHRIs in the Council’s Special Procedures and Universal Periodic Review. Draft proposals were circulated which were substantially the same as those that APF institutions had originally objected to. This draft paper can be found at annex 2. On the advice of the APF Working Group the APF wrote to the Chairperson of the ICC noting

that APF members would discuss these proposals at our annual meeting and therefore would not be able to formally respond by the 1 August 2006 but rather would respond by 15 September 2006. A copy of this correspondence is at annex 3. The National Human Rights Commission of India shall provide an oral report on activities. It is recommended that APF member institutions consider the proposals contained in annex 2 and discuss them at the annual meeting. 13.1.3 ICC Accreditation Sub-Committee The Fiji Human Rights Commission is the APF’s representative on the ICC accreditation sub-committee. The role of the sub-committee is to review applications for ICC membership from NHRIs and to determine whether these institutions comply with the Paris Principles. This is a significant role in that the acceptance by the ICC of an institution’s compliance with the Paris Principles will determine whether that institution will be formally recognised by the UN as a ‘national institution’ that has the capacity to potentially address the CHR and other UN fora. The Fiji Human Rights Commission will provide an oral report to the meeting on the last meeting of the ICC sub-committee held in April 2006. By virtue of its position on the ICC accreditation sub-committee, the Fiji Human Rights Commission is also a member of the ICC Working Group on Accreditation. The Fiji Human Rights Commission will provide an oral report on activities. 13.1.4 Proposed Amendments to the ICC Rule of Procedures At the meeting of APF institutions held in Geneva in April 2006, it was suggested that the rules of procedure of the ICC should be amended to clarify the election and terms of the Chairperson and Deputy Chairperson of the ICC. A number of proposals were made including:

- The NHRI of India suggested that the introduction of clear term limits and the

desirability of rotating the positions among the four geographical regions; - The NHRI of Australia suggested that the terms of office should be two years;

- The NHRI of the Republic of Korea agreed with Australia’s suggestion and

further proposed that the election of the Chairperson and Vice Chairperson should be held in alternate years to enable continuity of the office holders. The possibility of re-election for one further term should also be considered;

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- The NHRI of Australia raised a concern that finances may become an obstacle for some NHRIs as, although they may be interested in the Chairperson/Vice-

Chairperson positions, many may not be able to afford the time or resources required to undertake the roles effectively. The NHRI of the Philippines agreed and suggested that the OHCHR should provide funds to enable ICC office holders to undertake their roles effectively.

The NHRI of the Philippines, on behalf of APF member institutions, formally raised the need to amend the rules of procedure at the meeting of the ICC. Article 6 of the current rules of procedure of the ICC state: Chairperson and Deputy Chairperson of the International Coordinating Committee

(a) At its first meeting following the adoption of these rules the members of the ICC present shall elect one of their members to be the Chairperson and another to be the Deputy Chairperson.

(b) The roles of the Chairperson and Deputy Chairperson attach to the National Institution whose representative is elected.

(c) The Chairperson and Deputy Chairperson shall serve for a term of one year and may be re-elected at the conclusion of the term.

In line with the proposals discussed in Geneva, the following amendment to Article 6 of the ICC rules of procedure is presented for APF discussion, comments and/or adoption. Chairperson and Deputy Chairperson of the International Coordinating Committee

(a) The members of the ICC present shall elect one of their members to be the Chairperson and another to be the Deputy Chairperson, ensuring that these positions rotate amongst the four regional groupings of the ICC.

(b) The roles of the Chairperson and Deputy Chairperson attach to the National Institutions whose representatives are elected.

(c) The Chairperson and Deputy Chairperson shall serve for a term of two years.

(d) The elections of the Chairperson and Deputy Chairperson shall be held in alternate years to ensure a continuity of office holders.

If the above amendments are adopted, the ICC will also need to agree to a transitionary arrangement with regard to either the term of office of the Chairperson or Deputy Chairperson to ‘stagger’ the alternate elections. This transitionary agreement need not be included in the rules of procedure. 13.1.5 Election of APF Representatives to the ICC

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Forum Councillors have determined that they should elect their regional representatives to the ICC at APF annual meetings. Election as a regional representative of the ICC entails:

• attending the ICC meeting. These were traditionally held in conjunction with the annual meetings of UN Commission on Human Rights (CHR) in Geneva. Given the establishment of the UN Human Rights Council the timing of the ICC meeting will need to be re-examined. Attendance at the ICC meetings is at the institution’s own expense, and

• being the overall management steering group for the bi-annual international meeting of national institutions. The next such international meeting is scheduled to occur in Bolivia in October 2006.

In addition to electing the four regional representatives, Forum Councillors must also select one of these four representatives to represent the region on the ICC’s accreditation sub-committee. Membership of the ICC is for a period of two years. Terms are renewable. The process of election of the regional representatives is determined at the regional level. In the Asia Pacific region, Forum Councillors at the 5th Annual Meeting of the APF agreed that the four regional ICC representatives should:

• reflect the cultural diversity and geographic spread of Asia Pacific region • be rotated amongst the membership of the APF with a maximum of two out of the

four representatives being replaced at any one time so as to balance continuity with new input.

At the 6th Annual Meeting of the APF, the New Zealand Human Rights Commission agreed to stand down from one of the four regional ICC positions and the Fiji Human Rights Commission was elected to fill this position. In addition, the Philippines Commission on Human Rights agreed to stand down from the ICC – however, as there were no further APF institutions seeking to stand for election to the ICC, the Philippines Commission on Human Rights retained it position on the ICC. At the 7th Annual Meeting of the APF, the National Human Rights Commission of India agreed to stand down. The Human Rights Commission of Nepal nominated, and was elected by Forum Councillors to fill this position. In addition, the Australian Human Rights and Equal Opportunity Commission agreed to withdraw from being the regional representative sitting on the ICC accreditation sub-committee. This position was filled by the Fiji Human Rights Commission. At the 8th Annual Meeting of the APF, the Australian Human Rights and Equal Opportunity Commission agreed to stand down. This position was filled by the National Human Rights Commission of the Republic of Korea. The current four regional representatives to the ICC are therefore the institutions from:

• South Korea

97

• Philippines

• Fiji (+ accreditation sub-committee member) • Nepal.

At the 11th Annual Meeting, APF institutions who have been accredited with the ICC may wish to nominate for election to the ICC. On the basis of the need to rotate the position, two from the following three institutions – the Philippines, Fiji or Nepal – could stand down from the ICC. A total of two new regional representatives can be elected, though this, of course, is dependent on how many nominations there are to fill these positions. Given the current lack of Commissioners at the Nepal Commission it is recommended that this Commission be replaced. The APF members that have received full accreditation at the ICC and are therefore eligible to nominate to occupy the two new positions are:

• Australia • India • Indonesia • Malaysia • Mongolia • New Zealand • Sri Lanka • Thailand.

13.1.6 Update on the International Conference of NHRIs

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The OHCHR will provide an oral report on recent activities.

14. MEMBERSHIP APPLICATIONS

ELEVENTH ANNUAL MEETING OF THE ASIA

PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS


TITLE:

Membership Applications

SUMMARY OF ISSUE:

The APF has received an application for membership from the National Society for Human Rights of Saudi Arabia.

RECOMMENDATION:

That Forum Councillors consider the application and determine whether the institution should be (a) accepted as a member and therefore be assigned a category of membership; (b) rejected or (c) deferred.


Policy considerations are highlighted in the application. Staffing and expenditure considerations are highlighted in the Business Plan. Note that Candidate member institutions will be required to outline the steps they will take to become compliant with the Paris Principles. These steps need to be approved by Forum Councillors.





14.1 APF Membership Process The APF has received an applications for membership from the National Society for Human Rights of the Kingdom of Saudi Arabia. This analysis of the application has been prepared by the APF secretariat to assist Forum Councillors in their consideration of the application. 14.1.1 Background Rule 11 of the constitution of the APF details the procedure for applications for membership.62 In summary, the constitution provides for three categories of membership of the APF.

(i) In the first category, Full Members of the APF shall be national institutions

which, in the opinion of the Forum councillors, meet the UN General Assembly endorsed Principles relating to the Status of National Institutions (more commonly known as the ‘Paris Principles’).63

(ii) The second category of Candidate Members relates to those institutions which

apply for membership and which can theoretically comply with the Paris Principles within a reasonable period, but currently do not do so.

Admission as a candidate member requires a commitment from the institution that active steps will be taken to meet the Paris Principles. A candidate member can become a full member of the APF by applying for membership once it complies with the Paris Principles.64

(iii) The third category of Associate Members relates to those institutions which do not

comply with the Paris Principles and are unlikely to do so within a reasonable period.65

In addition to the above Constitutional provision, with regard to the category of Associate Membership, the Forum Council has determined that they will follow:

… two guiding criteria in considering applications for associate membership: namely the requirement to possess a broad mandate and the desirability of admitting only one institution per member state of the United Nations.66

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62 Rule 11.1, Constitution of the Asia Pacific Forum of National Human Rights Institutions, www.asiapacificforum.net/about/constitution.html. 63 For the text of the Paris Principles see the UN General Assembly Resolution A/RES/48/134 of 20 December 1993 which can be located at www.nhri.net/GApdf.htm. 64 Rule 11.2, Constitution of the Asia Pacific Forum of National Human Rights Institutions, op cit. 65 Rule 11.3, Constitution of the Asia Pacific Forum of National Human Rights Institutions, op cit. 66 Paragraph 6, Concluding Statement, Seventh Annual Meeting of the Forum, www.asiapacificforum.net/activities/annual_meetings/seventh/concluding.doc.

All decisions on membership, whether a decision to admit or reject new full members, candidate members or associate members, rest with the Forum councillors.67 Forum Councillors need not give any reason for rejecting an application.68 In addition Forum Councillors may, at their discretion, defer consideration of an application for membership until the next meeting of the Council.69

The rules of the Forum Constitution also provide for a review of a member institution’s compliance with the Paris Principles70 (and hence the possibility that a member institution may move between categories – for example between candidate and full member status).71 Finally, rule 12 of the Constitution provides for the resignation72 and expulsion73 of a member institution. In applying to become a member of the APF institutions are required to submit the following:

• A completed ‘Accreditation’ checklist and relevant supplementary information • A copy of the institution’s founding legislation/constitution • An organisation chart • Budgetary information • Background information on the Commissioners, and • An annual report (if available).

With regard to the ‘Application for Membership Nomination Form’ the secretariat has adopted a procedure where it accepts nomination forms without the applicant having to secure a proposer and seconder. The secretariat then requests the Forum Chairperson and one deputy chairperson to act as the proposer and seconder for the purposes of enabling the application to be considered. In such situations acting as a proposer or seconder does not indicate support for the application. The secretariat of the APF undertakes the initial evaluation of the application. This often involves the secretariat requesting supplementary information from the applicant. The secretariat then prepares an analysis of the application for the consideration of Forum Councillors. The secretariat provides a copy of this analysis to the applicant for comment. Any comments by the applicant are also provided to the Councillors.

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67 See Rules 11.1(d)(1); 11.2(f)(1) and 11.3(i)(1), Constitution of the Asia Pacific Forum of National Human Rights Institutions, op cit. 68 See Rules 11.1(d)(3); 11.2(f)(3) and 11.3(i)(3), ibid. 69 Id 70 Rule 11.4, ibid. 71 Rule 11.5, ibid. 72 Rule 12.1, ibid. 73 Rule 12.2, ibid.

14.2 National Society for Human Rights of Saudi Arabia The APF received an application for full membership from the National Society for Human Rights (NSHR) of the Kingdom of Saudi Arabia on 23 June 2006. The following sections provide background information on the political structure of Saudi Arabia and the establishment, mandate, composition and finances of the NSHR. Background The central institution of Saudi Arabian Government is the monarchy. In 1992 a Basic Law was adopted which declared that Saudi Arabia is a monarchy ruled by the sons and grandsons of the first King Abd Al Aziz Al Saud, and that the Holy Qur’an and the Traditions (Sunna) of the Prophet Muhammad serve as the country’s constitution which is governed on the basis of Islamic Law (Shari’a). The King must observe the Shari’a and other Saudi traditions. He also must retain a consensus of the Saud royal family, religious leaders (ulema), and other important elements in Saudi society. The leading members of the royal family choose the King from among themselves and the subsequent approval of the ulema. The current monarch is King Abdullah bin Adbul Aziz Al Saud, who is also the prime minister, chief of state, and head of government. Saudi Kings have gradually developed a central government. Since 1953, the Council of Ministers, appointed by and responsible to the King, has advised on the formulation of general policy and directed the activities of the growing bureaucracy. This council consists of the Prime Minister, the first and second Deputy Prime Ministers, 20 Ministers (of whom the Minister of Defence is also the second Deputy Prime Minister), two Ministers of State, and a small number of advisers and heads of major autonomous organisations. There are no political parties or national elections; however, the country held its first municipal elections in 2005. Women and male members of the military were not permitted to vote at these elections.74

Legislation is by resolution of the Council of Ministers, ratified by royal decree, and must be compatible with the Shari'a. The kingdom is divided into 13 provinces governed by princes or close relatives of the royal family. All governors are appointed by the King.

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74 US Department of State, Bureau of Near Eastern Affairs, Background Note, August 2005 (www.state.gov/r/ap/ei/bgn/3584.htm)

In March 1992, King Fahd issued several decrees outlining the basic statutes of government and codifying for the first time procedures concerning the royal succession. The King's political reform program also provided for the establishment of a national Consultative Council (Majlis al Shura), with appointed members having advisory powers to review and give advice on issues of public interest. It also outlined a framework for councils at the provincial or emirate level. In September 1993, King Fahd issued additional reform decrees, appointing the members of the national Consultative Council and spelling out procedures for the new council's operations. He announced reforms regarding the Council of Ministers, including term limitations of 4 years and regulations to prohibit conflict of interest for Ministers and other high-level officials. The members of 13 provincial councils and the councils' operating regulations also were announced in September 1993. In 1997, the membership of the Consultative Council was expanded from 60 to 90 members, and again in 2001 from 90 to 120 members and again in 2005, membership was expanded to 150 members. All appointments to the Council are made by the King. Justice is administered according with the Shari’a and by a system of religious courts whose judges are appointed by the King on the recommendation of the Supreme Judicial Council, composed of twelve senior jurists. The King acts as the high court of appeal and has the power to pardon. In addition, access to high officials (usually at a majlis, or public audience) and the right to petition them directly are well-established Saudi traditions. There is no separation between state and religion within the Saudi Arabian political context. 14.2.1 Establishment A Royal Decree (number 24/2) was issued by King Rahad bin Abdul Aziz approving the establishment of the NSHR on the basis that the Society will:

…adopt in its activity the Holy Qur’an and the teachings of the Prophet Mohammad (Peace and Blessing of Allah be upon him), and that the Society will aid in attaining Article 26 of the Constitution which states: “The State shall protect human rights in accordance to Islamic Law…”75

The NSHR began its operations on 9 March 2004. In a resolution, the NSHR adopted an organisational constitution that sets out its establishment, objective, functions, structure, meetings, resources, budget, dissolution, records, loss of membership and general rules.76

Article 1 of the NSHR’s constitution entitled ‘Establishment of the National Society for Human Rights’ states:

The members whose names are indicated in the attached resolution have decided to establish an independent national society that concerns itself with human rights, to be called “The National

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75 Refer to section 14.4.2 for a copy of the Royal Decree. 76 Refer to section 14.4.3 for a copy of the NSHR constitution.

Society for Human Rights” which enjoys an independent nominal character granting it the right to possession and action, and having its headquarters in the city of Riyadh, and may establish branches within and outside the Kingdom of Saudi Arabia.

In the application checklist submitted by the NSHR it advises that its headquarters is in Riyadh (the capital) and that it has established three regional branches in Makkah Province (western region), Jazan Province (southern region) and in Al-Dammam (eastern region). The NSHR also states that intends to establish other branches elsewhere within, “as well as outside” Saudi Arabia.77

14.2.2 Mandate Article 2 of the NSHR’s constitution sets out its mandate and it states: a) To endeavour to protect the human rights according to the Constitution of the Kingdom of Saudi

Arabia which is based on the Holy Qur’an and the teachings of the Prophet (Peace and Blessing of Allah be upon him) and in accordance with applied regulations, along with the Declarations and Covenants of Human Rights issued by the Arab League, the Organization of Islamic Conference, and the United Nations and its agencies and specialized committees, so long as they do not contradict with Islamic Shariah (Islamic Laws).

b) To cooperate with the international organizations working in the same field. c) To stand against injustice, abuse, violence, torture, and intolerance. 14.2.3 Functions Article 3 of the NSHR’s constitution sets out its functions as follows: 1) To ensure the enforcement of rules of the Constitution and the internal regulations of the Kingdom of

Saudi Arabia pertaining to human rights. 2) To ensure the fulfillment of the obligation of the Kingdom concerning issues of human rights,

according to the contents of the Cairo Declaration of Human Rights in Islam, the charter of the United Nations, and international covenants and documents of human rights.

3) To receive complaints and grievances, follow them up with competent entities, and to verify claims regarding violations and abuses of human rights.

4) To present views and proposals to governmental and non-governmental bodies for teaching and dissemination of information in the field of human rights.

5) To handle human rights issues dealt with by international bodies, in general, and by non-governmental international organizations, in particular.

6) To study international covenants and documents of international human rights and their applications. 7) To conduct international, regional, and local conferences, symposiums, and courses pertaining to

human rights. 8) To encourage regional and international cooperation for the promotion and protection of human rights. 9) To publish specialized publications and releases on human rights. The NSHR provided information on its complaints process.78 From 9/3/2004 to 31/12/2005 the NSHR received 5629 complaints relating to prisoners, civil affairs, labour, administrative, financial demands, urban affairs, judicial, detention abroad and domestic violence. It states that it has resolved 88% of all complaints received.79

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77 Refer to section 14.4.1 for a copy of the Membership Application checklist. 78 Refer to section 14.4.7 for a copy of the NSHR Complaints Handling Procedures. 79 Refer to section 14.4.7 for NSHR Complaints Statistics.

In the membership application checklist submitted the NSHR states that it receives:

“communications concerning human rights violations and following them up with the relevant governmental institutions and bodies is one of the major functions of the NSHR (article 3 of its constitution). For example, a series of visits have been made to places of detention to assess the situation of prisoners and their needs over the past two years. The reports of these visits along with the NSHR’s unsolicited suggestions and recommendations were submitted to the Ministry of Interior. Moreover, ensuring the enforcement of rules and internal regulations of the Saudi Arabian basic law that are pertinent to HRs (article 3-a) calls for submitting opinions, reports and recommendations with prior authorization”.

In its application the NSHR has provided an English language translation of some the ‘highlights’ of its Annual Report.80

The secretariat sought information from the NSHR on whether it submits its annual reports to the government. In response the NSHR advised:

“Nothing in the mandate specifies that the annual report should be submitted to the Council of Ministers or to any specific Ministry. The report will be made available to whoever wants to read it. It will be posted on the NSHR's website in Arabic and English and, therefore, can easily be accessed by the public, the media, etc. As a courtesy, a copy will be sent to the Council of Ministers, Ministry of Interior and all parties concerned with promotion and protection of human rights”.81

14.2.4 Composition Article 4 of the NSHR constitution sets out the structure of the Society. It states that the 5 bodies of the Society include: • The General Assembly; • The Executive Council; • President of the Society; • Two Vice Presidents of the Society; and • Secretary General of the Society. General Assembly Article 5 sets out the composition of the General Assembly and states that it “shall consist of all the members referred to in Article 1 of this Constitution”.82 There is, however, no specific provision within the Royal Decree or NSHR constitution that clearly sets forth a selection or appointment process for membership to the General Assembly.

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80 Refer to section 14.4.6 for the NSHR ‘highlights’ of its annual report. 81 Refer to section 14.4.10 for correspondence between the APF secretariat and the NSHR. 82 Refer to section 14.4.4 for a full list of NSHR Members.

In addition, neither the Decree nor the NSHR’s constitution make provision for the terms of appointment to the General Assembly such as duration, or whether members can be re-appointed, or what privileges or immunities are enjoyed. In the application checklist submitted to the secretariat the NSHR states that “…the appointment duration of members of the Executive Council is four years and subject to renewal. The duration of the memberships of the General Assembly is not specified in the constitution and is an area that requires deliberation”. In additional supplementary information sent to the secretariat on 7 July 2006 the NSHR made the following comments on the issue of duration:

Many members have sensed the need to explore the 'duration' issue and its codification shortly after the NSHR started functioning. In fact, it has been raised informally in some of the Executive Council and General Assembly meetings. In balance, it was thought that raising this issue at such an early stage may not be a priority because it may do more harm than good. In its early days, the NSHR should be concerned with establishing its identity and credibility rather than getting itself engaged in changing its constitution. The time now is more suitable and this issue would soon be on the agenda for the General Assembly meeting.83

Both the Royal Decree and NSHR constitution are silent on the requirement to ensure pluralism in the composition of the Board of Trustees. In the Information Note submitted to the secretariat by the NSHR it states that the “General Assembly is comprised of forty-one founding members; ten of them are females. The members were selected in a way that would represent a balanced sample of the Saudi society with its different trends and backgrounds. Most of the members are highly qualified and are experts in their fields of interests”. 84

In additional supplementary information sent to the secretariat on 7 July 2006 the NSHR made the following comments on the issue of plurality:

“Although the selection criteria were not stated clearly in the mandate, the selection of members was in line with article 4 of the Paris Principle (sic). Members of the NSHR are representatives of NGOs and professions responsible for human rights, trends in philosophical or religious thoughts (including the Shiitic minorities), universities and qualified experts and the Parliament equivalent (Majlis Ashura: the Consultative Council). As per article 5 of the NSHR’s constitution, all members of the NSHR sit on the General Assembly”.85

In terms of dismissal or termination of membership to the General Assembly Article 18 (a) of the NSHR constitution states that:

a member may lose his/her membership capacity by virtue of a decision issued by the General Assembly

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83 Refer to section 14.4.10. 84 Refer to section 14.4.9 for a copy of the Information Note on the NSHR. 85 Refer to section 14.4.10.

However the reasons to justify a termination to the membership of the General Assembly are not set out in the constitution. The secretariat sought further information from the NSHR on this issue and received the following response:

“The grounds were not set out in detail but it is understood that the General Assembly would consider making this decision when a member acts in a way that affects the credibility or reputation of the NSHR as an institution concerned with promoting and protecting human rights in the society (for example, as you mentioned, being convicted of a serious crime”.

Article 6 of the Society’s constitution sets out the duties and tasks of the General Assembly as follows:

(i) To adopt the Constitution of the Society and any amendments thereof, along with the internal regulations;

(ii) To elect the members of the Executive Council; (iii) To elect the President of the Society and the Vice Presidents four years subject

to renewal; (iv) To adopt the annual report (v) To appoint the Comptroller and determine his remuneration; (vi) To adopt the annual budget; and (vii) To dissolve the society.

Article 7 provides for the General Assembly’s meeting and voting requirements. Decisions of the General Assembly are taken by the majority votes of the members present and in the case of an equal division of votes, the President has the deciding vote. The General Assembly meets annually and may hold special meetings at the invitation of the Executive Council or at least one third of the members. In the application checklist submitted by the NSHR it noted that "three members were appointed in top governmental executive positions and they have since lost the right to vote". The secretariat sought further information on whether the NSHR had adopted a formal policy on this issue and whether it applied to all present or future government officials appointed to the General Assembly or Executive Council. In response the NSHR replied: “Yes it is a formal policy that was unanimously agreed upon by the General Assembly. The member, however, may attend some of the meetings if invited by the President (e.g. for his/her expertise in certain disciplines, or to clarify on specific issues or decisions that took place in the past, etc) but he or she can not vote”. 86

Executive Council Members of the Executive Council are elected by the General Assembly. Article 8 of the NSHR constitution states that the Executive Council shall consist of nine members

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86 Refer to section 14.4.10.

including the President and two Vice Presidents. Membership to the Executive Council is for a period of 4 years and is renewable. In supplementary information provided to the secretariat by the NSHR it advises that three of the nine members are women.87 The Executive Council manages the work of the Society and has the following functions (article 9): 7 To suggest amending the constitution of the Society; 8 To propose internal regulations; 9 To suggest the approval of the final accounts in view of the report of the

Comptroller; 10 To study the annual budget, the income and expenditure accounts, and any other

statements pertaining to the financial status of the Society; 11 To set up permanent and interim committees; 12 To use the help of experts and advisors at its own discretion; 13 To study the annual reports prepared by the President of the Society; and 14 Any other tasks entrusted to it by the General Assembly. The Executive Council meets monthly and a majority of its members must be present. Decisions are taken by the majority of the present members, and in the case of equal division of votes, the President has the deciding vote (article 10). The President and Vice Presidents The President and two Vice Presidents (one is nominated as the Vice President of Family Affairs) are elected by the General Assembly. They serve for a period of 4 years and their appointment may be renewed by the General Assembly. Their responsibilities are outlined in articles 11 to 13 of the NSHR constitution. The President is Dr Bandar Mohammad Hajjar, Ph.D, Vice President of Family Affairs is Mrs Al-Anqari and the Vice President Dr Mufleh Rabiyan Shaflut Al-Qahtani Ph.D. There are 4 committees established under article 13 as follows: 8 The Monitor and Follow Up Committee, to monitor and follow up work

pertaining to the achievement of the Society goals, to receive grievances and complaints, and to verify claims of violations and abuse of regulations;

9 Studies and Consultations Committee, to undertake studies and provide consultations regarding documents, regulations, and procedures in the field of human rights;

10 Culture and Publication Committee, to raise awareness, conduct symposiums and conferences, and disseminate information regarding human rights; and

11 Family Committee for Family Affairs. The Executive Council may establish other committees as required.

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87 Refer to section 14.4.9.

The NSHR is serviced by a secretariat composed of a Secretary-General. The administration under the General Secretariat is divided into Administrative and Financial Affairs; Planning and Development; Communication and International Cooperation and Publicity and Public Relations.88 In the summary of the NSHR’s annual report it states that the total number of employees were 40 of which 13 were females. 14.2.5 Finances Article 14 states that the resources of the Society can be obtained through: 11 Income generated from publications, bulletins, and revenue generated from

symposiums and fairs; 12 Revenues generated from the investment of the mobile and immobile properties of

the Society; and 13 Gifts, testaments, Awqaf (endowments), grants, and other resources that do not

contradict with the objectives of the Society. The NSHR advised in its application that the Custodian of the Two Holy Mosques, King Fahad bin Abdul Aziz, has provided it with one hundred million Saudi riyals (the equivalent of twenty-seven million US dollars) as a trust fund for its use. Budgetary figures for 2005 and 2006 are provided at section 14.4.8. 14.3 Compliance with the Paris Principles The NSHR has applied for full membership of the APF. Full membership of the APF relates to those national institutions which, in the opinion of Forum councillors, meet the UN General Assembly endorsed Principles relating to the Status of National Institutions (more commonly known as the ‘Paris Principles’).89 In determining the compliance of the NSHR with the Paris Principles, the following information has been submitted by the NSHR and is included in this paper.

• Application form • Application checklist • Royal Decree No 24/2 • NSHR constitution • List of NSHR Members • Organisational Chart • English Translation of Annual Report Highlights of the NSHR • A Note on Complaint Handling Procedures

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88 Refer to section 14.4.5 for a copy of the NSHR’s organisational chart. 89 For the text of the Paris Principles see the UN General Assembly Resolution A/RES/24/134 of 20 December 1993 which can be located at www.nhir.net/GApdf.htm. See also section 14.5 of this paper.

• Statistics of Incoming Complaints • Estimated Budget of Expenditures and Returns for Fiscal Year 2005 • Estimated Budget of Expenditures and Returns for Fiscal Year 2006 • Information sheet on the NSHR

A review of this material by the APF secretariat raises the following issues regarding compliance with the Paris Principles which should be considered by Forum Councillors. 14.3.1 Decree Article 2 of the Paris Principles states that “a national institution shall be given as broad as mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence”. The NSHR is currently established via a Royal Decree. The mandate, structure and functions of the NSHR are set out in the organisation’s constitution which has been determined by the Society’s General Assembly. Forum Councillors have traditionally not recognised Decrees as being sufficient to meet the Paris Principles requirement that an institution be established by a ‘constitutional or legislative text’. Forum Councillors have felt that Decrees do not provide a sufficiently secure basis for the establishment of a national institution.90 However the status of Decree based institutions has been subsequently discussed at the international level by the International Coordinating Committee of National Institutions (ICC). Forum Councillors may be aware that a number of institutions in other regions of the world – particularly those that are based on the ‘French’ consultative model – have been established via Decrees. The French Commission has stated that the French language version of article 2 of the Paris Principles allows for this interpretation and therefore allows for Decree based institutions to be in compliance with the Paris Principles. This view has been accepted by the ICC. The Forum Council should consider this point and determine whether it wishes to adopt a position consistent with the ICC. Forum Councillors may also wish to seek information from the NSHR representatives at the annual meeting for further information regarding the legal status of the organisation’s constitution which contains the text of its mandate and functions. 14.3.2 Mandate Article 2 of the Paris Principles state that “a national institution shall be given as broad a mandate as possible…” In Article 2(a) of the NSHR’s constitution, their mandate includes a range of international human rights sources “so long as they do not contradict with the Islamic Shariah (Islamic Laws).” Academic commentators have noted possible

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90 By way of example the Forum entered into a dialogue with Komnas HAM – the Indonesian Human Rights Commission – which saw it move from being initially established via Presidential Decree to becoming an institution established by statue approved by the Indonesian Parliament. This transition occurred prior to its admission as a full member of the Forum under the Forum’s new Constitution.

conflicts between international human rights law and Islamic Shariah particularly with regard to criminal penalties, gender equality and family law. Forum Councillors, therefore, may wish to raise this issue with the representatives of the NSHR to clarify possible areas of conflict and resolution. 14.3.3 Composition and Pluralism Article 4 of the Paris Principles states that:

The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the promotion and protection of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:

(a) Non-governmental organizations responsible for human rights and efforts to combat racial

discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists;

(b) Trends in philosophical or religious thought;

(c) Universities and qualified experts;

(d) Parliament;

(e) Government departments (if these are included, their representatives should participate in the

deliberations only in an advisory capacity). The Decree and NSHR constitution are silent on the requirement to ensure pluralism in the composition of the General Assembly. In supplementary information provided to the secretariat the NSHR states that the “General Assembly is comprised of forty-one founding members; ten of them are females. The members were selected in a way that would represent a balanced sample of the Saudi society with its different trends and backgrounds. Most of the members are highly qualified and are experts in their fields of interests”.91

In additional information sent to the secretariat on 7 July 2006 the NSHR made the following comments:

“Although the selection criteria were not stated clearly in the mandate, the selection of members was in line with article 4 of the Paris Principles). Members of the NSHR are representatives of NGOs and professions responsible for human rights, trends in philosophical or religious thoughts (including the Shiitic minorities), universities and qualified experts and the Parliament equivalent (Majlis Ashura: the Consultative Council). As per article 5 of the NSHR’s constitution, all members of the NSHR sit on the General Assembly”.92

Forum Councillors may wish to consider requesting further information on this issue from NSHR representatives at the annual meeting.

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91 Refer to section 14.4.9. 92 Refer to section 14.4.10.

For the information of Forum Councillors the 2004 estimates of Saudi Arabia’s population put the population at 26.7 million (19.7 Saudis, 7 million foreign nationals) with 1.33 males to every 1 female. It has a workforce of 7 million (35% of the workforce are foreign workers).93 The ethnic make up of the country is estimated as follows – Arab 90%, Afro-Asian 10%. In terms of religious make-up 100% of the population is Muslim. Sunni muslims are the majority with Shi’a muslims the minority estimated to be between 10-15 % of the citizen population.94

14.3.4 Appointment Article 6 of the Paris Principles state that:

In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.

Neither the Royal Decree nor the NSHR’s constitution make provision for the terms of appointment such as duration, or whether members can be re-appointed, reasons for termination or what privileges or immunities are enjoyed. In the application checklist submitted to the secretariat the NSHR states that “…the appointment duration of members of the Executive Council is four years and subject to renewal. The duration of the memberships of the General Assembly is not specified in the constitution and is an area that requires deliberation”. In further information provided to the secretariat the NSHR stated that:

Many members have sensed the need to explore the 'duration' issue and its codification shortly after the NSHR started functioning. In fact, it has been raised informally in some of the Executive Council and General Assembly meetings. In balance, it was thought that raising this issue at such an early stage may not be a priority because it may do more harm than good. In its early days, the NSHR should be concerned with establishing its identity and credibility rather than getting itself engaged in changing its constitution. The time now is more suitable and this issue would soon be on the agenda for the General Assembly meeting.95

The method and procedure of appointment to the NSHR General Assembly is still unclear and Forum Councillors should request further information from its representatives attending the annual meeting.

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93 op.cit. US Department of State Background Note. 94 US Department of State, Country Report on Saudi Arabia, 2005. 95 Refer to section 14.4.10.

14.4 Recommendation

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The above analysis indicates that there are number of issues in which Forum Councillors should seek further clarification at the annual meeting. The institution is, at this stage, seeking full membership of the APF. Rule 11.1 (a) of the Forum’s Constitution outlines the necessary qualifications for full members:

Each full member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors complies with the Paris Principles.

In the opinion of the APF secretariat the NSHR does not currently fully comply with the Paris Principles. This opinion is based on the issues raised above, particularly in relation Articles 2, 4 and 6 of the Paris Principles. Further the Forum councillors will need to consider and determine its position on the legal status of the Royal Decree vis-à-vis Article 2 of the Paris Principles. The APF secretariat looks forward to the views of the Forum Council on this issue. If the Forum Council concurs that the NSHR does not yet meet the requirements for full membership, then the Council may still grant Candidate or Associate Membership. Rule 11.2 (a) of the Forum’s Constitution outlines the necessary qualifications for candidate members:

Each candidate member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors could comply with the Paris Principles within a reasonable period but does not do so at the time of the application for membership and which commits, in a form acceptable to the Forum councillors, to take active steps towards compliance with the Paris Principles within a reasonable period.

Rule 11.3(a) of the Constitution outlines the characteristics of associate members:

Each associate member must be a human rights institution in the Asia Pacific region which, in the opinion of the Forum councillors, does not comply with and is unlikely to comply with the Paris Principles within a reasonable period.

The key distinction, therefore, between candidate membership and associate membership is whether an institution can become compliant with the Paris Principles within a ‘reasonable period’ or not. If, in the view of the Forum Council, the NSHR can become compliant with the Paris Principles within a reasonable period then it is potentially eligible for Candidate membership. It should be further noted that if the NSHR is offered Candidate membership then it, in turn, must make a commitment, in a form acceptable to Forum Councillors, to take active steps towards compliance with the Paris Principles within a reasonable period.

If, however, Forum Councillors are of the view that the NSHR is unlikely to become compliant with the Paris Principles within a reasonable period then it is potentially eligible for associate membership. As previously mentioned the Forum Council, at the Seventh Annual Meeting of the Forum in 2002, determined that they will follow:

… two guiding criteria in considering applications for associate membership: namely the requirement to possess a broad mandate; and the desirability of admitting only one institution per member state of the United Nations.96

With regard to the first of these two criteria, the mandate of the NSHR is sufficiently broad so as to enable it to satisfy Forum Councillors concerns. With regard to the second criteria, there are no competing applications from human rights institutions in Saudi Arabia currently under consideration by the Forum Council. However the Forum Secretariat became aware of another Saudi institution recently established called the ‘Human Rights Commission’ which was established by Royal Decree on 12 September 2005. The secretariat wrote to NSHR to seek clarification concerning the status of the Human Rights Commission and was advised in an email dated 30 June 2006 that:

“Simply put, the recently established commission in Saudi Arabia is a pure governmental body that may develop and get promoted in the future to a Ministry of Human Rights. The case of the NSHR is different. The cabinet had a vision of how it should be organized. Prof Abdulla Al-Obeid, the first President of the NSHR, was selected to make the necessary arrangements. Among other things, he was asked to propose some potential members. He selected 16 but it was thought that this would be a small sample and they wanted a more representative sample of the society that would be able to carry on with the tasks of a National Institution. So the number was increased to forty. The Cabinet would not get involved to this extent with any NGO.”97

On the basis that the ‘Human Rights Commission’ will soon become part of the government ministry apparatus it is not considered a competing independent national human rights institution and therefore the NSHR meets the second criteria. On the basis of the above, the secretariat would currently recommend that the Forum Council at the 11th Annual Meeting of the APF: Approve the application for the National Society of Human Rights of Saudi Arabia to

become an associate member of the APF in accordance with the admission process as set out in rule 11.3(b) of the APF’s constitution.

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96 Paragraph 6, Concluding Statement, Seventh Annual Meeting of the Forum, www.asiapacificforum.net/activities/annual_meetings/seventh/concluding.doc 97 Refer to section 14.4.10.

The secretariat wishes to place on record its sincere thanks to the NSHR for it effort to ensure that all information was provided to the secretariat in an effective and timely manner. 14.4.1 Application Form

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APPLICANT

Institution Name:

National Society for Human Rights

Institution Address:

P.O. Box 1881 – Riyadh 11681, SAUDI ARABIA

Postal Address:

P.O. Box 1881 – Riyadh 11681, SAUDI ARABIA

Telephone: +966 1 2102223

Fax: +966 1 2102161

Website: www.nshrsa.org

Email Address:

[email protected]

Type of Membership Applied For: (Tick Box)

• Full Membership ❒ Candidate Membership

❒ Associate Membership

Mandatory Information Checklist (Have you submitted the following information with your application? Tick Boxes)

1. A completed APF Membership Application Form 2. A copy of your institution’s founding legislation/constitution 3. An organisation chart 4. Budgetary/Audit information for the most recent financial year 5. Background information profiles on the Commissioners 6. Annual report

International Coordinating Committee

Do you want the APF to also submit your application details to the International Coordinating Committee of National Human Rights Institutions (ICC)?

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13 Yes, I authorise the APF to apply to the ICC on our behalf ❒ No

Applying Please sign the above application, complete the checklist and attach the supplementary information. Completed applications should then be sent to: The Director Asia Pacific Forum of National Human Rights Institutions GPO Box 5218 Sydney NSW 2001 AUSTRALIA For more information To further discuss the membership application process, please contact the Asia Pacific Forum of National Human Rights Institutions on: Phone: +61 2 9284 9845 Fax: +61 2 9284 9825 Email: [email protected] Website: www.asiapacificforum.net

Declaration On behalf of ……The National Society for Human Rights…………. (full legal name of institution) We confirm our institution formally applies to become a member of the Asia Pacific Forum of National Human Rights Institutions (APF). We have read and are cognisant of the requirements of the Constitution of the APF insofar as it applies to matters of membership (see annex 3) and agree to be bound by the rules of membership as set out in the APF Constitution (the full text of which can be obtained at www.asiapacificforum.net/about/constitution.html). Signed by the Chair or President of the institution: Signature: …… Dr Bandar M H Hajjar Name: (print) … Dr Bandar M H Hajjar Date: ……June 21, 2006 Signed by the Chief Executive Officer: Signature: …………………………………………………………………… Name: (print) ……………………………………………………………….. Date: ………………………………………..

http://www.asiapacificforum.net/about/constitution.html

COMPLIANCE

SUPPORTING DOCUMENTS

GENERAL INFORMATION Type of institution

Commission............................................................................ Ombudsman............................................................................ Other

(specify).............................................................

Jurisdiction Domestic: Public Sector........................................................................... Private Sector.......................................................................... International............................................................................

Scope of jurisdiction

General................................................................................... Thematic (specify)...................................................................

⊠

⊠⊠⊠

⊠

The National Society for Human Rights (NSHR) was established as a national and an independent body which concerns itself with human rights through a broad mandate (article 1 of the Society’s Constitution). The NSHR is headquartered in Riyadh (the capital city) and may establish branches inside and outside Saudi Arabia. Its goals are (article 2 of the Society’s Constitution): to promote and protect human rights (HRs) according to the basic law of the Kingdom of Saudi Arabia, in conformity with the international HRs’ instruments and standards endorsed by the UN and other renowned organizations and agencies; to cooperate and work with international organizations concerned with HRs and particularly with the Office of the United Nations High Commissioner for HRs and to stand against injustice, abuse, violence, torture and intolerance at large.

A copy of the NSHR’s Constitution (which is the founding document). A number of NSHR’s members are professors of law at local universities. NSHR benefits from their legal knowledge in dealing with complaints. Other members are professors of political sciences, communications and medicine. They contribute their knowledge to promote NSHR’s educational goals.

Mandate and structure Is the institution established by:

Constitution………………………………………………………… Legislation…………………………………………………………… Decree……………………………………………………………… Other…………………………………………………………………

The NSHR started operating after being approved by the Custodian of the Two Holy Mosques (King Fahad Bin Abdul-Aziz) on March 9, 2004. The Royal Decree (# 24/2) was issued on the premise that the NSHR would carry out its activities while adhering to the Holy Quran and the teachings of Prophet Mohammad (peace be upon him) and would help implement the articles of the Kingdom’s basic law relating to HRs.

A copy of the Royal Decree (page 7 of the Constitution document)

Accountability What is the nature of the institution’s accountability?

Executive (Prime Minister/Head of State/King, etc)…………… Legislative.................................................................................. Other...........................................................................................

The NSHR is completely independent and is accountable to the Saudi society in general. The annual report, after being reviewed by the Executive Council and the General Assembly, will be made available to the public.

Articles 6 & 9 of the NSHR’s constitution

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Protection and promotion functions Are these functions of protection & promotion specifically defined in law?

Yes

No

Article 3 of the NSHR’s Constitution clearly describes its nine functions (a-i) which aim to protect and promote human rights in Saudi Arabia

A copy of the NSHR’s Constitution

Responsibility Does the institution have responsibility to:

Submit opinions, reports & recommendations to government/parliament on any matter concerning protection/promotion of human rights and without prior authorization?.......

Promote consistency between domestic legislation and international human rights instruments?……………………………

Encourage ratification of such instruments in co-operation with the UN and regional & national institutions?………………

Contribute independently of government to UN reporting?.....................................

Conduct research & education programs on human rights?….....................................

Increase public awareness of human rights issues?…………………………………………

⊠ Yes

No ⊠ Yes

No ⊠ Yes

No ⊠ Yes

No ⊠ Yes

No ⊠ Yes

No

Receiving communications concerning human rights violations and following them up with the relevant governmental institutions and bodies is one of the major functions of the NSHR (article 3-c). For example, a series of visits have been made to places of detention to assess the situation of prisoners and their needs over the past two years. The reports of these visits along with the NSHR’s unsolicited suggestions and recommendations were submitted to the Ministry of Interior. Moreover, ensuring the enforcement of rules and internal regulations of the Saudi Arabian basic law that are pertinent to HRs (article 3-a) calls for submitting opinions, reports and recommendations without prior authorization. Article 3-(b & f) clearly describes that the NSHR is responsible for ensuring the fulfilment of the Kingdom’s obligations with regards to the provisions of international HRs instruments and standards This can be extrapolated from article 3 (e & f) which emphasizes examining international instruments and handling human rights issues dealt with by international bodies and organizations Representatives of the NSHR were sitting in the committees concerned with drafting the national progress reports of the HRs treaties with a vision of preparing independent parallel reports in the future. Article 3 (d,I & g) clearly spells out that the NSHR will carry out these two responsibilities through two specialized committees; the Education and Publication Committee and the studies and Research Committee (article 13-b & c). A national human rights education plan of action is being prepared by the Education and Publication Committee along the proposed guidelines of the Office of the UN High Commissioner for HRs. Various efforts to promote a culture of human rights were also carried out. Brochures and leaflets that describe the goals,

A copy of the NSHR’s Constitution The NSHR’s website address: www.nshrsa.org

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objectives, communication procedures and contact details of the NSHR were widely disseminated. Many members were active in discussing the role of the NSHR as well as other human rights issues in public lectures and through the different media channels. The NSHR’s website was designed and launched in Arabic almost a year ago and will soon be launched in English

Independence Is the independence of the institution guaranteed by: a. Pluralist composition?

b. Appointment & dismissal process established by law with fixed term & renewable?

Financial autonomy derived from stable, adequate funding?.

Legal & operational autonomy through separate legislation, infrastructure, staff & resources?

⊠ Yes

No ⊠ Yes

No ⊠ Yes

No ⊠ Yes

No

The forty-one members were carefully selected to represent the Saudi society with its different social and religious backgrounds. One fourth of the members are women. The members are mostly lawyers, doctors, journalists, academics and representatives of NGOs. Article 18 of the NSHR’s constitution covers aspects of loss of membership. The appointment duration of members of the Executive Council is four years and subject to renewal. The duration of the memberships of the General Assembly is not specified in the Constitution and is an area that requires deliberation. In 2004, the Custodian of the Two Holy Mosques, King Fahad bin Abdul Aziz, has issued the NSHR the sum of one hundred million Saudi riyals (the equivalent of twenty-seven million US dollars) as a trust fund. Article 14 of the Society’s Constitution specifies other means of generating revenue. The NSHR’s headquarter and branches have their own employed staff and are operating from owned or rented premises. Three members were appointed in top governmental executive positions and they have since lost the right to vote.

2. Members’

details 3. A copy of the

NSHR’s Constitution

4. Budgetary

information for the fiscal years: 2005 & 2006.

Method of operation Is the institution free to:

Meet regularly & as required?…………………………………………………………

Review any matter within own jurisdiction on referral from government, by individual complaint or suo moto?...................

⊠ Yes

No ⊠ Yes

No

Article 7 & 10 specifies the frequency of the meetings of the General Assembly and the Executive Council respectively. It was made clear that extra meetings may be held as appropriate. The permanent and ad hoc committees may meet when and as the need arises. NSHR receives complaints about human rights violations from individual, “citizens as well as expatriates”, groups and organizations. It also receives complaints from regional and International HR groups and organizations, i.e., Amnesty, HRW…

5. A copy of the

NSHR’s Constitution

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Hear any person & obtain any information related to a matter within jurisdiction?................................................................

Make public its findings & recommendations (eg through annual report)?.….......................................................................

Establish local & regional sections?………………………………………… …….

Maintain consultation with other bodies (eg NGOs) when carrying out its

functions?…………………………………………

⊠ Yes

No ⊠ Yes

No ⊠ Yes

No ⊠ Yes

No

Individuals are welcomed to the offices of the Society throughout the kingdom to voice their complaints The findings of the Society’s visit to detention places were made available to the public. The annual report will follow suit. In addition to the headquarter in Riyadh (the capital), the NSHR has established three branches (Makkah Province branch in the west, Jazan Province branch in the south and the Eastern Province branch) with a view of establishing other branches elsewhere within, as well as outside, Saudi Arabia when and as the need arises. Ad hoc committees have also been formulated The NSHR is establishing links with similar national HRs institutions (eg the Danish Institute for Human Rights) and also with international HRs organizations and some NGOs. The NSHR is collaborating with the United Nations Development Program office in areas such as HIV/AIDS and domestic violence.

6. Translation of

the Annual Report’s Highlights

Additional criteria – Institutions with quasi-judicial competence

Is the institution competent to:

Potentially hear individual complaints?……………………………………………

Potentially seek settlement through conciliation or binding decisions, with confidentiality?....................................................

Inform the complainant of their rights & remedies and ensure the process is accessible?.....................................................

Potentially make recommendations to competent authorities, make enforceable decisions or refer to specialised tribunal?………………………………

⊠ Yes

No ⊠ Yes

No ⊠ Yes

No ⊠ Yes

No

Hearing and dealing with complaints of HR abuses is a major function of NSHR. Individuals can air their complaints directly by meeting with the Society’s legal counsellors or either either can mail or fax their complaints and can also use NSHR’s internet site to present whatever complaints they may have. They are given legal advice on how to go about protecting their rights. In many cases NSHR writes to the ministries, agencies concerned (government & private) inquiring about the complaints and asking to remedy whatever wrongdoings experienced. In some cases, e g domestic violence, the NSHR uses media outlet to expose harm done to victims. This helps in raising the Saudi society’s awareness of such violations.

Complaints handling procedures and analysis of complaints received in 2004/5 are provided.

14.4.2 Decree

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In the Name of Allah, Most Gracious, Most Merciful

Kingdom of Saudi Arabia Royal Council

No. 2412 Date: 1811 I1 425 H President of the National Society for Human Rights and the founding members Peace be upon you, We have reviewed your proposal to establish a National Society for Human Rights, and your request for permission for this Society to practice, and your assurance that the Society will adopt in its activity the Holy Quran and the teachings of the Prophet Mohammad (Peace and Blessing of Allah be upon him), and that the Society will aid in attaining Article 26 of the Constitution which states: "The State shall protect human rights in accordance to Islamic Law ... ", Because the Basic Law states that the Kingdom's Constitution is the Holy Quran and the teachings of the Prophet Mohammad (Peace and Blessing of Allah be upon him), and because the Islamic Law aims to protect and maintain rights, the establishment of this Society is deemed appropriate, God willing. We wish you success, and hope that you consider God Almighty in your work, and that you work towards all that is good and beneficial.

May God protect you. Fahad bin Abdul Aziz

14.4.3 Constitution

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THE CONSTITUTION OF

THE NATIONAL SOCIETY FOR HUMAN RIGHTS

KINGDOM OF SAUDI ARABIA

123

بسم اهللا الرحمن الرحيمIn the Name of Allah, Most Gracious, Most Merciful

"And indeed We have honored the Children of Adam, and We have carried them on land and sea, and have provided them with At-Tayyibat (lawful

good things), and have preferred them above many of those whom We have created with a marked preferment".

(Al-Isra 17, Verse 70)

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بسم اهللا الرحمن الرحيم


NATIONAL SOCIETY FOR HUMAN RIGHTS Kingdom of Saudi Arabia

RESOLUTION

Praise be to Allah and Peace and Blessing upon our Prophet Mohammad, his family and companions, and their followers till the Day of Judgment.

CONSIDERING the Holy Quran and the teachings of the Prophet (Peace and Blessing of Allah be upon him) and in accordance with the Constitution of the Kingdom of Saudi Arabia, adopted by Royal Decree No.A/90 dated 27/8/1412; RECOGNIZING the importance of human rights and the necessity to teach them both to the individuals and society, and to conduct research and comparative studies on human rights in Islam and in other declarations, covenants, and international treaties and agreements; SEEKING to protect human rights and preserving human dignity as ordered by Allah, Most Powerful, in the Holy Quran: “And indeed We have honored the Children of Adam”, (Al-Isra 17, Verse 70); SUPPORTING the efforts made by the State and its institutions in view of the preparation of regulations addressing human rights and their applications; SUPPORTING the rights of citizens to monitor and pursue their rights as established and recognized by Islamic Shariah and applicable regulations, and seeking to protect them from possible violations, abuses, and breaches of their rights;

CONSIDERING the significance of the principle of organized public participation for the benefit of society, and in building the institutions of civil society; HAVING due regard to the various systems and trials worldwide in organizing the performance of national committees and societies for human rights; SEEKING to contribute to international efforts and world cooperation aimed at preserving human rights; CONSIDERING the preliminary coordination with the Ministries of Justice, Interior Affairs, and Foreign Affairs of the Kingdom of Saudi Arabia regarding the implementation of international provisions pertaining to human rights;

THE UNDERSIGNED HAVE DECIDED

⊠ Firstly, to establish an independent national society that cares for human rights called the “The National Society for Human Rights”;

⊠ Secondly, to operate the Society in compliance with its Constitution;

⊠ Thirdly, to solicit the approval of the Custodian of the Two Holy Mosques to start operating the Society, and his support to its objectives;

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⊠ Fourthly, to initiate the activities of the Society upon issuance of the approval by the Custodian of the Two Holy Mosques.

THE UNDERSIGNED

⊠ Dr. Ibrahim Hamad Al-Quayid

⊠ Dr. Abu Bakr Ahmad Abu Bakr Baqader

⊠ Dr. Ahmad Seyfuddin Turkestani

⊠ Dr. Ahmad Yahya Al-Bahkali

⊠ Mr. Ismail Ibrahim Sijini

⊠ Dr. Bandar Mohammad Al-Hajjar

⊠ Dr. Baheeja Baha Ezzi

⊠ Mrs. Thuraya Abid Mohammad Sheikh

⊠ Mrs. Al-Johara Mohammad Al-Anqari

⊠ Dr. Habib Moalla Al-luwehig Al-Muteiri

⊠ Mr. Hijab Yahya Al-Hazmi

⊠ Dr. Hussein Nasir Bin Abdullah Al-Sharif

⊠ Dr. Hamad Abdullah Al-Majid

⊠ Dr. Khalid Abdurrahman Al-Hamoudi

⊠ Dr. Rashid Abdulaziz Al-Mubarak

⊠ Dr. Saad Atiyya Al-Ghamdi

⊠ Mrs. Suhaila Zainul Abidin Hammad

⊠ Dr. Saleh Abdurrahman Al-Sharida

⊠ Dr. Saleh Ibn Mohammad Al-Khathlan

⊠ Dr. Abdul Jalil Ali Al-Saif

⊠ Dr. Abdul Khaliq Abdullah Al-Abdul Hay

⊠ Mr. Abdul Rahman Bin Hamad Al-Rashed

⊠ Dr. Abdul Rahman Hamood Al-Enad Al-Qadhib

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⊠ Dr. Abdul Qadir Tash Mohammad Tash

⊠ Mr. Abdul Mohsen Abdul Aziz Al-Akkas

⊠ Dr. Abdullah Hamad Al-Luhaydan

⊠ Dr. Abdullah Saleh Al-Obid

⊠ Mr. Abdullah Bin Abdul Zahir Abulsamh

⊠ Dr. Uthman Yaseen Al-Rawaf

⊠ Dr. Ali Abbas Al-Hakami

⊠ Dr. Omar Zoheir Hafiz

⊠ Dr. Mufleh Rabiyan Shaflut Al-Qahtani

⊠ Dr. Lubna Abdul Rahman Al-Ansari

⊠ Dr. Muhammad Khaled Al-Fadel

⊠ Dr. Muhammad Shadid Al-Owfi

⊠ Dr. Muhammad Ali Al-Qurri

⊠ Mrs. Nura Hamad Al-Jumaih

⊠ Dr. Nura Abdul Rahman Al-Yousuf

⊠ Dr. Nura Abdullah Al-Ajlan

⊠ Dr. Hana Muhammad Al-Mutlaq

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⊠ Dr. Wafaa Mahmood Teiba

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KINGDOM OF SAUDI ARABIA ROYAL COUNCIL

No. 24/2 Date: 18/1/1425 H President of the National Society for Human Rights and the founding members Peace be upon you, We have reviewed your proposal to establish a National Society for Human Rights, and your request for permission for this Society to practice, and your assurance that the Society will adopt in its activity the Holy Quran and the teachings of the Prophet Mohammad (Peace and Blessing of Allah be upon him), and that the Society will aid in attaining Article 26 of the Constitution which states: "The State shall protect human rights in accordance to Islamic Law…", Because the Basic Law states that the Kingdom's Constitution is the Holy Quran and the teachings of the Prophet Mohammad (Peace and Blessing of Allah be upon him), and because the Islamic Law aims to protect and maintain rights, the establishment of this Society is deemed appropriate, God willing. We wish you success, and hope that you consider God Almighty in your work, and that you work towards all that is good and beneficial. May God protect you. Fahad bin Abdul Aziz

THE CONSTITUTION OF THE NATIONAL SOCIETY FOR HUMAN RIGHTS

Article 1

Establishment of The National Society for Human Rights

The members whose names are indicated in the attached resolution have decided to establish an independent national society that concerns itself with human rights, to be called “The National Society for Human Rights” which enjoys an independent nominal character granting it the right to possession and action, and having its headquarters in the city of Riyadh, and may establish branches within and outside the Kingdom of Saudi Arabia.

Article 2

Objectives of the Society

⊠ To endeavor to protect the human rights according to the Constitution of the Kingdom of Saudi Arabia which is based on the Holy Quran and the teachings of the Prophet (Peace and Blessing of Allah be upon him) and in accordance with applied regulations, along with the Declarations and Covenants of Human Rights issued by the Arab League, the Organization of Islamic Conference, and the United Nations and its agencies and specialized committees, so long as they do not contradict with Islamic Shariah (Islamic Laws).

⊠ To cooperate with the international organizations working in the same field.

⊠ To stand against injustice, abuse, violence, torture, and intolerance.

Article 3

Functions of the Society

10) To ensure the enforcement of rules of the Constitution and the internal regulations of the Kingdom of Saudi Arabia pertaining to human rights.

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11) To ensure the fulfillment of the obligation of the Kingdom concerning issues of human rights, according to the contents of the Cairo Declaration of Human Rights in Islam, the charter of

the United Nations, and international covenants and documents of human rights.

12) To receive complaints and grievances, follow them up with competent entities, and to verify claims regarding violations and abuses of human rights.

13) To present views and proposals to governmental and non-governmental bodies for teaching and dissemination of information in the field of human rights.

14) To handle human rights issues dealt with by international bodies, in general, and by non-governmental international organizations, in particular.

15) To study international covenants and documents of international human rights and their applications.

16) To conduct international, regional, and local conferences, symposiums, and courses pertaining to human rights.

17) To encourage regional and international cooperation for the promotion and protection of human rights.

18) To publish specialized publications and releases on human rights.

Article 4

The Bodies of the Society

⊠ The General Assembly ⊠ The Executive Council ⊠ President of the Society ⊠ Two Vice Presidents of the Society ⊠ Secretary General of the Society

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Article 5 The General Assembly

The General Assembly shall consist of all the members referred to in

Article 1 of this Constitution. Article 6

Functions of the General Assembly The General Assembly shall perform and undertake the following duties

and tasks:

⊠ To adopt the Constitution of the Society and any amendments thereof, along with the internal regulations.

⊠ To elect the members of the Executive Council. ⊠ To elect the President of the Society and the Vice Presidents

four years subject to renewal. ⊠ To adopt the annual report. ⊠ To appoint the Comptroller and determine his remuneration. ⊠ To adopt the report of the Comptroller. ⊠ To adopt the annual budget. ⊠ To dissolve the Society. Article 7

Meetings of the General Assembly ⊠ The General Assembly meeting will be valid by the presence of

the majority of the members. Proxy amongst members is not allowed. Decisions are taken by the majority votes of the members present. In case of equal division of votes, the President shall have the deciding vote.

⊠ The General Assembly holds its meetings once every year, however it may hold special meetings as appropriate at the invitation of the Executive Council or at the request of one third of the members.

Article 8 The Executive Council

⊠ The Executive Council shall consist of nine members including

the President and the Vice Presidents. ⊠ The membership period of the Council is four years subject to

renewal. In case a vacancy occurs for any reason, a replacement shall be assigned by a decision of the General Assembly to fill such vacancy, in order to complete the period of his predecessor.

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Article 9 Functions of the Executive Council

The Executive Council shall manage the work of the Society in a manner

that achieves the goals for which the Society was established as provided

for in this Constitution. In particular, the Executive Council may carry out the following:

⊠ To suggest amending the Constitution of the Society. ⊠ To propose internal regulations.

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⊠ To suggest the approval of the final accounts in view of the report of the Comptroller.

⊠ To study the annual budget, the income and expenditure accounts, and any other statements pertaining to the financial status of the Society.

⊠ To set up permanent and interim committees. ⊠ To use the help of experts and advisors at its own discretion. ⊠ To study the annual reports prepared by the President of the

Society. ⊠ Any other tasks entrusted to it by the General Assembly. Article 10

Meetings of the Executive Council

• The Council holds one meeting every month, and it may hold special meetings as appropriate at the invitation of its President or at the request of one third of the members.

• The meeting of the Executive Council shall be valid by the presence of the majority of its members. Proxy is not allowed amongst members. Decisions are taken by the majority of the present members, and in case of equality, the President shall have the deciding vote.

Article 11 Functions of the President of the Society

• To manage the affairs of the Society. • To preside over the meetings of the General Assembly and

the Executive Council. • To represent the Society before judicial authorities,

international organizations, and other parties. • To sign the decisions and contracts of the Society. • To pursue the implementation of the decisions of the General

Assembly and the Executive Council. Article 12

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The Vice Presidents ⊠ The President of the Society shall have two Vice Presidents to

be appointed by the General Assembly as proposed by the President; one of them is the Vice President of Family Affairs.

⊠ The Vice President enjoys the powers delegated to him by the President, and undertakes the tasks of the President during his absence.

⊠ The Vice President of Family Affairs undertakes the delegated authorities for family affairs.

Article 13

The Committees of the Society ⊠ The Monitor and Follow Up Committee, to monitor and follow up

work pertaining to the achievement of the Society goals, to receive grievances and complaints, and to verify claims of violations and abuse of regulations.

⊠ Studies and Consultations Committee, to undertake studies and provide consultations regarding documents, regulations, and procedures in the field of human rights.

⊠ Culture and Publication Committee, to raise awareness, conduct symposiums and conferences, and disseminate information regarding human rights.

⊠ Family Committee, for family affairs.

Moreover, the Executive Council may establish other committees as appropriate.

Article 14

Resources of the Society ⊠ Income generated from publications, bulletins, and revenue

generated from symposiums and fairs. ⊠ Revenues generated from the investment of the mobile and

immobile properties of the Society. ⊠ Gifts, testaments, Awqaf (endowments), grants, and other

resources that do not contradict with the objectives of the Society.

Article 15

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The Budget ⊠ A committee for investment and financial affairs shall be formed

to supervise the Society's monetary and ocular investments, and to study the final accounts, the yearly budget, the income and expenditure accounts, and any other tasks delegated to it by the Executive Council pertaining to the finances of the Society.

⊠ The fiscal year of the Society starts on the 1st day of January of each year, and ends on the 31st of December the same year, with the exception of the first financial year which starts from the date of the issuance of the establishing license of the Society and ends on the 31st of December of the next year.

Article 16 Dissolving the Society

If the Society is dissolved for any reason, all of its assets and properties

after liquidation shall be distributed to the closest charity or humanitarian society within the Kingdom of Saudi Arabia whose objectives do not contradict with the objectives of the Society.

Article 17

Records of the Society The Society shall maintain the following records and files: ⊠ Record of Members, in which the members’ names, addresses,

professions, and date of membership, in addition to any other information that concern the members, are recorded.

⊠ Record of Decisions, in which the decisions of the Society are recorded.

⊠ Record of Accounts, in which the incomes and expenditures of the Society are recorded.

⊠ Record of Properties, in which moneys and mobile and immobile properties of the Society are recorded.

⊠ Record of Messages, in which numbers, dates, subjects, and entities to which messages are sent and from which messages are received, are recorded.

Moreover, the Society may maintain any records or files as it deems fit.

Article 18 Loss of Membership

⊠ A member may lose his/her membership capacity by

virtue of a decision issued by the General Assembly. ⊠ If a member submits his/her resignation in writing, and

the General Assembly decides to accept it.

Article 19 General Rules

The Society is committed to protect the confidentiality of communications,

requests, grievances, information, files, and messages. In case of breaching such confidentiality, penalties provided for the violation of the confidentiality of public offices shall be applied.

Article 20 The Society shall abide by this Constitution in practicing its work, starting

from the date of issuance of the Royal Decree.

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NSHR ADDRESSES HEAD QUARTERS

P.O. Box 1881 – Riyadh 11681 Tel: (01) 2102223

Fax: (01) 2102202 – (01) 2102201

JEDDAH BRANCH P.O. Box 116664 – Jeddah 21391

Tel: (02) 6222261 – Fax: (02) 6222196

JAZAN BRANCH P.O. Box 476 – Jazan

Tel: (07) 3175566 – Fax: (07) 3173344

DAMMAM BRANCH P.O.Box 15578 – Dammam 31454

Tel: (03) 8098353 – Fax: (03) 8098354

WEBSITE www.nshrsa.org

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14.4.4 Members

Members of the National Society for Human Rights (NSHR)

⊠ Ibrahim H. Al-Quayid, Ph.D., Member of the Executive Council Male. The President of Dar Al-Marifa Group. Dr. Ibrahim earned a Ph.D. in English Language teaching at Indiana University, USA. He was the President of Asian Languages and Translation Department at the College of Languages and Translation, King Saud University, Riyadh. He was the General Manager of Training and Scholarship Training at the Ministry of Health as well. He is the Assistant Secretary General of the World Assembly for Muslim Youth and a member of the General Secretariat thereof. Also, he is the Vice Chairman of the Board of Directors of Al-Riyadh Manarat Schools, and a member of the Saudi Council for the Chambers of Commerce Committee for International Relations. He authored ten books and thirty academic researches.

⊠ Abu Bakr A. Baqader, Ph.D., Member of the Executive Council Male. Dr. Baqader completed his Masters and Ph.D. at Wisconsin Madison University in Social sciences. He worked in King Abdul Aziz University, Jeddah as an assistant professor, an associate professor, then as a professor at the Sociology section. He is a member of many of the International and Arabic Associations. He has a weekly page in Okaz newspaper. He has many books in both English and Arabic. He is currently a consultant at the Ministry of Culture and Information. ⊠ Ahmad Seyfuddin Turkestani, Ph.D. Male. Dr. Ahmad studied Communication for his graduate degree at California State University and for his postgraduate degree at Indiana University. He currently teaches at Al-Imam University. He used to be the Director of the Institute of Islamic and Arabic Sciences in America, Washington D.C. He is a consultant of CNN and Sky news channels and a cooperative member of the Ministry of Culture and Information. His publications include " The Canadians’ Image of Saudi Arabia: A Study of Stereotypes and the Role of Media in Making Them". ⊠ Ahmad Yahya Al-Bahkali, M.A., Member of the Executive Council Male. Mr. Ahmad received his Masters degree in Linguistic from University of Indiana. He was a lecturer and dean in Teachers College in Jazan. He is a member of the National Family for Preparing Teachers, the Administration Council for Literary Club in Jazan, the Saudi Arabian Association for Educational Science and Psychiatry, and a member of the Council for Teachers College. ⊠ Mr. Ismail Ibrahim Sijini, B.A. Male. Mr. Sijini specialized in Math at the United States of America. He is currently the founder and the President of Al-Sijini Center for Economic Investment in Jeddah. He is a board member of management of the Saudi Company Industrial (SISCO), a board member of the National Establishment for Pilgrims Guides, and a member for Councilor

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in the Supreme Commission for Tourism. He has published many economical studies related to different sectors in various newspapers and scientific journals. ⊠ Dr. Bandar Mohammad Hajjar, Ph.D., President and Member of the Executive

Council Male. Dr. Hajjar earned his MSc in Economics from Indiana University followed by his PhD from the UK. He was the Vice-President of the Islamic Economy Research Centre at King Abdul Aziz University, Jeddah, then the Dean of Economics and Administration College at the same university. He is currently a member of the Consultative Council (Ashura) and has been a member of its Economic and Energy Affairs Committee for many years. He has been the Council’s representative in one of the courses of the Arab Inter-parliamentary Union. He is also the President of the National Council for Monitoring Elections. ⊠ Dr. Baheeja Baha Ezzi, Ph.D. Female. She earned a Ph.D. in Business Administration from the American University of London. She used to be the Chair of the women’s committee of the International Islamic Relief Organization. She is currently the General Secretary at the International Association of Muslim Women and Family. She is a founding member of ‘Islam-on-line’ website. ⊠ Mrs. Thuraya Abid Mohammad Sheikh Female. Mrs. Sheikh specialized in a number of courses at East Lansing, Michigan. She worked as a high school observer for the Ministry of Defense and Air Force, Educational Department. She started as a member at Al Wafaa Women's Charity Association, and then became President of the Art Committee, the President for Health, and finally the Vice President of the association. ⊠ Mrs. Al-Johara Mohammad Al-Anqari, B.A., Vice-President of Family Affairs

and Member of the Executive Council Female. Mrs. Al-Anqari concerns herself with charitable activities. She was the Vice-President, board member, and the General Manager of the Women’s Charitable Association (Al Faisalia). She is a social writer of many magazines and newspaper. Currently, she is the Chair of the ladies branch of Al-Iman Association, a charity organization caring for cancer patients. She is a member of the Southern Establishment for Women, Abha, a member of the Association for Development and Social Services, and an honorary member of the National Organization for Home Healthcare. ⊠ Dr. Habib Moalla Al-luwehig Al-Muteiri, Ph.D. Male. Dr. Al-Muteiri studied Modern Literary Criticism at Al Imam University, Riyadh. He served Al Imam University for more than ten years. He is a member of the Islamic Literature Union Worldwide, a board member of the Child's Culture Committee, and a member of the Literature Association. He published many books such as "Our Literary Heritage Between Two Sins" and "Biography of the Prophet for the Adolescents".

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⊠ Mr. Hijab Yahya Al-Hazmi, B.A. Male. Mr. Hijab specialized in the Arabic language at al Imam University, Saudi Arabia. He taught for many years and is currently the Director of Jazan Literature Club with the Ministry of Culture and Information. He is a member of Al-Jenadrya, Jazan Area and of the Council for his Highness Prince Mohammed bin Naser for Achievement and Creativity. His publications include "The Alphabets in Criticism and Literature" and "Glances at Poetry and Poets in the Jazan Area During the Saudi Era". ⊠ Dr. Hussein Nasir Bin Abdullah Al-Sharif, Ph.D., Director of the NSHR

Makkah Branch Male. Dr. Al-Sharif conducted a comparative study of University Law in Saudi Arabia and England at New Castle University, UK. He has served King Abdul Aziz University in several capacities including Secretary-General and Chairman of the Law Department and is currently teaching law. He is a member of some academic and administration committees in the Law Department. ⊠ Dr. Hamad Abdullah Al-Majid, Ph.D. Ex-Vice-President Male. He studied Education for his graduate degree from University of Hull, UK. He was a Deputy Director General then a Director Manager of the Islamic Culture Center and Regents Park’s Mosque, UK. He is a faculty member of the Department of Education, Faculty of Social Sciences at Al-Imam Mohammad Bin Saud Islamic University, Riyadh, and a part-time consultant for the Ministry of Islamic Affairs. He is the President of the Board of Trustees of Manchester Islamic Schools and the Chief Editor of Islamic Quarterly magazine, UK. He writes weekly to Al-Thaqafiah and Al-Osboeah magazine. ⊠ Dr. Khalid Abdurrahman Al-Hamoudi, Ph.D. Male. He earned his Ph.D. in Agricultural Sciences. He was a Professor at King Saud University, Riyadh, then Deputy Rector for Studies, Development and Follow-Up. He became the Rector of Alqassim University and has since lost the right to vote at the NSHR. ⊠ Dr. Rashid Abdulaziz Al-Mubarak, Ph.D. Male. He was a faculty member of the Science College at King Saud University, and then the Dean of the College of Graduate Studies in the same university. He was a member of the Council of Trustees at the Academy of Arabic Sciences History in Frankfort, Germany, the Council of Trustees at the Gulf University, and the Higher Council for Information. He is always intrigued by the relationship of science, philosophy and literature. He gave many talks on these aspects, which are usually attended by a large audience. ⊠ Dr. Saad Atiyya Al-Ghamdi, Ph.D. Male. Dr. Saad studied Accounting at Oklahoma State University. He worked at Abdullatif Jameel Company, the Saudi Public Transportation Company (SAPTCO), and the National Shipping Company of Saudi Arabia. He is a member of the Consultation Committee of the Improvement of Health Services and the Forgiveness and

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Reconciliation Committee, Makkah. Dr. Saad is a member of the Al-Alem Organization and the Executive Committee of Dar Al-Hekma College, Jeddah. In addition, he is a member of the American Accounting Association and the Saudi Society for Accounting. ⊠ Mrs. Suhaila Zainul Abidin Hammad B.A., Member of the Executive Council

and the Committee for Studies and Consultation Female. Ms. Suhaila studied History at King Saud University and the she studied Islamic Sciences at Al-Azhar University, Egypt earning the equivalent of a graduate diploma. For many years, she has held voluntarily the presidency of the Committee for Islamic Minorities in the Islamic Literature League. She has also supervised female schools for the Charitable Association for the Memorization of the Quran. Her many memberships include the International Council for Women Scholars, the Arab Historian Union in Cairo, and the Establishing Committee for Abolishing Violence Campaign. Her ninety-five publications include "Women: Between Excess and Negligence". ⊠ Dr. Saleh Abdurrahman Al-Sharida ⊠ Dr. Saleh Ibn Mohammad Al-Khathlan, Ph.D. Male. Dr. Saleh earned his Ph.D. in Political Science at Kansas University. He worked as an Assistant Professor at King Saud University, Riyadh and is now an Associate Professor. He is member of the General Secretariat for the National Assembly for Intellectual Dialogue and the American Political Science Association. ⊠ Dr. Abdul Jalil Ali Al-Saif, Ph.D. Male. Dr. Abdul Jalil specialized in Managing Traffic Safety at Michigan State University. He is a member of the Consultative Council (Ashura). He served at the Ministry of Interior in Dammam for more than fifteen years as a Traffic Expert at the Bureau of Traffic, then a Director General of the Directorate General of Organization and Programs, a Director General of the Recruitment Office, and finally as a Director General of the Directorate General of Medical Services in Ministry of Defense and Aviation Hospitals. He is a member of the Cooperative Health Insurance Council, the National Safety Boards in the USA and England, the American Association for Teaching Traffic Safety and Car Driving, the Roads Association, Switzerland, the National Police Organization Association, USA, and the Road Accidents Protection Association, Jordan. ⊠ Dr. Abdul Khaliq Abdullah Al-Abdul Hay, Ph.D., Member of the Executive

Council Male. He has his Ph.D. in Political Sciences from King Saud University, Riyadh. He is an Assistant Professor at the university. He is a member of the Development Forum of the Gulf Countries Council. He has done a lot of research on the role of women in Islam and related contemporary issues. ⊠ Mr. Abdul Rahman Bin Hamad Al-Rashed

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Male. A well-known journalist who was the editor of one of the leading newspapers in the Arab world (Alsharq Alawsat). He is currently the Director of Al-Arabia news channel. ⊠ Dr. Abdul Rahman Hamood Al-Enad Al-Qadhib, Ph.D. Male. Dr. Al-Enad earned his Ph.D. from the School of Communication Studies, University of Ohio. He is a member of the Consultative Council (Alshura), and a member of the Charitable Cultural Association at the establishment of Prince Abdul Rahman Al Suderi. He is also a member of the Association of Professors of Information, Communication, and Journalism in the USA, the Advertisement Cooperation of Gulf Countries, and he is an advisor in Public Relations Specifications and Measures. ⊠ Dr. Abdul Qadir Tash Mohammad Tash, Ph.D. Male. He was a professor of Communication and Information at Al-Imam University. He has written extensively in many of the local and Arab newspapers and magazines on issues that are of interests to Muslims worldwide. He died two years ago after battling with cancer. ⊠ Mr. Abdul Mohsen Abdul Aziz Al-Akkas, M.A. Male. Dr. Alakkas specialized in Political Science at Washington University in Seattle. He was a member of the Educational Committee, faculty of Administrative Studies, King Saud University, Riyadh. He was the Director of the Arab Company for Medical Services and Hospital Supplies. He is a member of the Riyadh Chamber of Commerce and Industry and the Assistant Chairman of the Board. He used to be a member of the Consultative Council till he was appointed as the Minister of Education one and a half years ago. He has lost the right to vote at the NSHR. ⊠ Dr. Abdullah Hamad Al-Luhaydan, Ph.D. Male. Dean of the College of Sharia'a at the University of Qassim, Saudi Arabia. Dr. Adbullah has studied the Sunna and its sciences at the same university. He is a member of the Ministry of Islamic Affairs' Advisory Committee, the Charitable Association for the Memorization of the Quran, and is also an Imam of a mosque. His research includes "Vision and its Connection with Prophecy". ⊠ Dr. Abdullah Saleh Al-Obid, Ph.D., Ex-President Male. Dr. Al-Obeid completed his Masters and Ph.D. at Oklahoma University in Curriculum & Educational Evaluation. His varied experiences include General Secretariat and Director of the Islamic World League University and General Secretariat of the Association of the Islamic World. He is an advisor of the Supreme Commission for Tourism, a member of King Faisal Center for Research and Studies, and a member of the Headquarters for Intellectual Dialogue at King Abdul Aziz Center for National Dialogue. His research spans many areas such as "Human Rights between Islam and State Efforts" and "The Development of Artistic Human Energy in KSA". He used to be a member of the Consultative Council till he was appointed as the Minister of Education one and a half year ago when he lost the right to vote at the NSHR.

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⊠ Mr. Abdullah Bin Abdul Zahir Abulsamh, M.A. Male. Mr. Abulsamh received his Masters degree in Mass Communication from Syracuse University. He has worked in the Ministry of Information, the National Commercial Bank, and the Saudi French Bank. He was a member of the Arab Banking Association. He is also a member of the Periodic Islamic Economy Association. He has a column in Okaz newspaper. ⊠ Dr. Uthman Yaseen Al-Rawaf, Ph.D. Male. Dr. Alrawaf completed his Masters and Ph.D. in Political Sciences from Duke University, USA. He was a member of the Consultative Council (Ashura), and he used to work in King Saud University as a Manager for the research centre, and the President of the Political Sciences section. He is a member of the International Association for Political Sciences, and the British Association for the Middle East researches. He writes regularly in local newspapers. ⊠ Dr. Ali Abbas Al-Hakami, Ph.D. Male. Dr. Al-Hakami studied Islamic Shari'a for his graduate degree at Um Al-Qura University, Makkah. There, he stepped up the promotion ladder from an administrator to become the Dean of Shari’a College at the same university. He is a member of the University Council for Islamic laws and the Council for Higher Shari’a Education. ⊠ Dr. Omar Zoheir Hafiz, Ph.D. Male. Dr. Hafiz studied Economics at Indiana University. He has worked as a lecturer in King Abdul Aziz University and managed the Arab Islamic Bank and Al Rajhi Bank. He is currently the Director of the Islamic Development Bank, Saudi Arabia. Dr. Hafiz is a Board member of some Islamic banks and in Al-Bir Society. His publications include "The Principle of Contemporary International Economy". ⊠ Dr. Mufleh Rabiyan Shaflut Al-Qahtani, Ph.D., Vice-President and Member of

the Executive Council Male. Dr. Mufleh earned a Ph.D. in Law at Strasbourg University, France. He used to be a Lawyer at the Legal Office, an assistant at the Law Division, and an Assistant Professor at the Science Administration. He is a member of the National Committee of the Moral Vitality and Medicine, and board member of the Council for Managing Students Funds. ⊠ Dr. Lubna Abdul Rahman Al-Ansari, MBBS, MSc, FRCGP, Member of the

Executive Council and the Manager of Planning and Development Department of the NSHR

Female. Dr.Al-Ansari had her MBBS and MSc in Primary care from the College of Medicine at King Saud University in Riyadh, Saudi Arabia. She then passed the membership exam of the Royal College of General Practitioners in the UK and was nominated later on to be an overseas fellow of that college. She is an Associate Professor in Department of Family and Community Medicine, College of Medicine, King Saud University. She is a Consultant in Primary Care Clinics at King Khalid University

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Hospital. She has worked hard towards promoting evidence-based medicine in Saudi Arabia. She is a member of many National and Gulf committees concerned with promoting family medicine and evidence-based health care in the region with special emphasis on the needs of female patients and female health care workers. Her new focus of interest is health and human rights. ⊠ Dr. Muhammad Khaled Al-Fadel, Ph.D. Male. Dr. Muhammad earned a Ph.D. from Al Imam University, Riyadh in the Arabic Language. He was the Director of Islamic Science and Arabic Institute in Washington, D.C. for a number of years, and is currently teaching at the private Prince Sultan University, Riyadh. His involvements include memberships in the Scientific Council of the Girls College and in the Arabic Language Association in Karachi. He has several studies on the Arabic language. ⊠ Dr. Muhammad Shadid Al-Owfi, Ph.D. Male. Dr. Al-Owfi has studied History at the Imam Mohammed bin Saud Islamic University, Riyadh. After having worked for many years at the Social Science College at the same university, he is currently the Dean. He is also the General Secretariat of the King Fahad Complex for Printing the Holy Quran. He is a member of the Arab Historians Union in Egypt and the Administration Council at the Al- Medina Research and Studies Center. He has several researches and books one of which is entitled "The Development of Inscription and Printing of the Holy Quran". ⊠ Dr. Muhammad Ali Al-Qurri, Ph.D. Male. Dr. Mohammad studied Economy for his graduate degree at California University. He worked as a Director of the Research Center for Islamic Economy at King Abdul Aziz University, Jeddah and he is now a professor at the university. He is a member of the Fundamentals of Islam Institute associated with the Islamic Conference, the Periodic Association for Economy, and a member of the Educational Committee during the Islamic era for research in the Islamic bank. ⊠ Mrs. Nura Hamad Al-Jumaih, M.A. Female. Mrs. Aljumaih is about to finish her Ph.D. in Clinical Psychology from George Washington University, Washington, D.C. She has taught German at King Saud University, Riyadh and served as the Dean of the College of Education. She has written articles for Saudi newspapers for the past twenty years and has translated many English and German articles and research. ⊠ Dr. Nura Abdul Rahman Al-Yousuf, Ph.D. Female. She studied Economics at Surrey University, UK. She is an economic consultant for the Ministry of Petroleum and Minerals, and for the Gulf Cooperation Council Countries Secretariat (GCC). She is an Associate Professor at the Economic Department of King Saud University, Riyadh, a member of the Saudi Economic Association, Economic Research Forum for the Arab countries, European Economic Association, International Association for Energy Economics, USA, and the head of the women

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committee for the Riyadh Economic Forum. She is also a member of the Young Arab Leaders Initiative of the World Economic Forum. ⊠ Dr. Nura Abdullah Al-Ajlan, Ph.D. Female. Dr. Nura has earned a Ph.D. from the Girls College in Industrial Geography. She is currently the Assistant Dean in the College of Education, Riyadh. She is a member of numerous organizations including the Female National Committee in the Saudi Chamber of Commerce andd Industry, the Association for the Geographic GCC, and the National Advisory and Educational Campaign in the Ministry of Education. She has published a book entitled "How to Raise Our Children with an Islamic Education". ⊠ Dr. Hana Muhammad Al-Mutlaq, Ph.D. Female. Dr. Al-Mutlaq earned her Ph.D. in Psychology at London University. She is an Assistant Professor, psychotherapist, and clinical trainer for the Psychology Department at King Saud University, Riyadh. She is a member of the National Register of Hypnotherapists and Psychotherapists, UK. She has published two books; "Gender Identity and Mental Illness in Saudi Arabia" and "Child Socialization in Saudi Arabia". ⊠ Dr. Wafaa Mahmood Teiba, Ph.D. Female. Mrs. Wafaa has completed her Ph.D. in Educational Psychology and Cognition at King Saud University, Riyadh. She is currently lecturing at the same university and served for a period as Assistant Dean at the Ministry of Education, Psychology Section. She is a member of Worldwide Council for Talented Arab Children. She has published a book entitled "Playing Before School Age".

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14.4.5 Organisational Chart General

Assembly

Studies and Consultation Committee

Vice President for Family Affairs

Vice President

General Secretary

Monitor and Follow up Committee

Family Committee Culture and Publications Committee

Branches of the Society

Executive Council

President of the Society

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General Secretariat

Aِdministrative and Financial Affairs

Publicity and Public Relations

Planning and Development

Communication and International Cooperation

14.4.6 Annual Report

Translation of the Annual Report Highlights of The National Society for Human Rights

The Annual Report consists of approximately twenty-four pages, starting with an introduction and continuing to form five chapters. Chapter 1: Establishment, Goals, and Constitution of the Society Chapter 2: Rules and Regulations Chapter 3: The Committees of the Society: Goals and Objectives. Chapter 4: Finances Chapter 5: Activities and Accomplishments Chapter 1: Establishment, Goals, and Constitution of the Society This chapter outlines the motivations for establishing the Society. It defines the Society's nature as a national independent body that works to defend human rights in the Kingdom and elsewhere, whether be it a citizen, a resident, or a visitor. In doing so, it cooperates with other organizations around the world. The chapter specifies the goals of the Society, in addition to its functions and founding members (see Constitution for more details). The branches of the Society has increased with the latest addition of the Eastern Province branch, bring the total up to four (Headquarters – Riyadh, Makkah Region Branch, Jazan Region Branch, Eastern Region Branch). The report specified the location of each branch and the number of employees. Chapter 2: Rules and Regulations In this chapter, the bodies (see chart) and administration of the Society was clarified. The administration consists of: • Planning and Development: Its goal is to improve the field of planning and

development in order to achieve the goals of the Society by preparing strategic and annual plans and implementing the plans. It also assesses the work force needs, saves all documents and correspondences for easy access, and prepares a report on workflow, achievements, and hurdles.

• Communication and International Cooperation: The goal of this branch of administration is to strengthen cooperative ties with other international organizations concerned with human rights. It does so by determining the conferences, in which the Society will participate, provide information regarding programs offered by human rights organizations, and coordinating with other human rights organizations.

• Publicity and Public Relations: Some of its tasks include coordinating with various media, monitoring what has been published about the Society, receiving guests, organizing workshops and conferences, and distributing booklets and brochures.

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• Aِdministrative and Financial Affairs: The goal of which is to provide the committees and branches of the Society with administrative and financial services and to protect the Society’s properties and funds.

Chapter 3: The Committees of the Society: Goals and Objectives The goals and objectives of the committees are: • The Monitor and Follow Up Committee, to monitor and follow up work

pertaining to the achievement of the Society goals, to receive grievances and complaints, and to verify claims of violations and abuse of regulations.

• Studies and Consultations Committee, to undertake studies and provide consultations regarding documents, regulations, and procedures in the field of human rights.

• Culture and Publication Committee, to raise awareness, conduct symposiums and conferences, and disseminate information regarding human rights.

• Family Committee, for family affairs. The president, vice president and members of each committee were outlined in the report. The chapter goes on to delineate the plans and proposed activities of each committee. Chapter 4: Finances The final chapter concerns itself with three sections, namely: the budget, income, and expenditure; the Society's sources of revenue; and its investment activities. Chapter 5: Activities and Accomplishments

Here, the meetings with high-ranking officials were described. The NSHR met with the HRH Prince Abdulla bin Abdulaziz, the Crown Prince at that time, and with other high

rank governmental officials, all of whom have indicated that they have high expectations of it. They have emphasized that it is an independent body and encouraged us to work

hard and fast to rectify any problems that might exist. They promised to provide us with their full and unconditional support and advised all governmental officials to do so in

order to guarantee the independent nature of this body. Furthermore, the conferences, workshops, and symposiums attended or delivered by the members of the Society were mentioned. Generally speaking, the NSHR enjoyed a productive year with numerous accomplishments. These include: • The NSHR has played a proactive role by shouldering the responsibility of

supervising and monitoring the municipality elections that took place in for the first time in Saudi Arabia. 2005

• In its efforts to strengthen ties and make its goals and objectives known to others, the Society has received a large number of governmental and non-governmental delegations. The Committee to Protect Journalists, AGFUND, Center For Arab Women Training and Research (CAWTAR), United Nations Development Programme (UNDP), Arabs Against Discrimination (AAD). 2005

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• In addition, the NSHR has welcomed a number of delegations from embassies, including these countries: Italy, Holland, the United States, Greece, England, Denmark, Norway, Egypt, Argentine, Finland, and Germany. Some visits were brief while others spanned a few days with planned visits to relevant institutions and organizations. 2005

• By the end of 2006, the NSHR Library will open in Babtain Center and will contain over 1000 titles related to human rights.

• A joint committee was formed between the NSHR and Social Affairs in order to fight domestic violence. 2006

• Similarly, a joint committee was formed with the Ministry of Justice for matters of law and justice. 2006

• With respect to the prisoners of Guantanamo Bay, a committee of nine was formed. The committee was comprised of two member from the NSHR, two lawyers, and five representatives of the prisoners' family members. The committee addressed the president of the United States and American lawyers. These efforts were in part as means of increasing awareness locally and internationally. 2006

• Three branches were established: Makkah, Jazan, and the Eastern Region. The total number of employees has increased to forty, including thirteen females.

• The Monitoring and Follow Up Committee has received over 5000 complaints, of which eighty eight percent were handled (see Statistics of Incoming Complaints). These cases varied in nature and included: judicial, administrative, labor, prisoners, financial, sexual, and civil cases.

• The Society worked on a number of cases and inquiries submitted by Amnesty International.

• The NSHR is establishing links with similar national human rights institutions in the region and also with international human rights organizations and some NGOs, such as Red Cross/Red Crescent, CAWTAR, and Amman National Center for human rights. The Society gains valuable advice in setting up workshops and learning by example.

• The Culture and Publicity Committee has issued a Press File, produced a website, organized a national conference on human rights, issued a monthly newsletter, and distributed informational brochures. Plans to increase human rights awareness were executed through workshops, brochures, and leaflets.

• The Society issued an information packet containing three human rights documents: the Cairo Declaration of Human Rights, charter of the United Nations, and Arab Declaration for Human Rights. These are the first in a series of publications aimed towards increasing human rights awareness.

• The Studies and Consultation Committee has established the Center for Information, Statistics, and Documentation which will have an online website alongside the center itself to serve as a resource for human rights information on an international level. The website is expected to be launched before the end of 2006.

• The Family Committee has organized a number of workshops and contributed in several conferences. Some visits were made to human rights organizations outside Saudi Arabia in order to create ties and learn from other models.

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• A series of visits have been made all places of detention within the Kingdom to assess the situation of prisoners and their needs. The reports of these visits along with the NSHR’s suggestions and recommendations were submitted to the Ministry of Interior. The findings of these visits were made available to the public. They have also visited the returning prisoners from Guantanomo Bay.

• Similarly, several visits were made to orphanages in Riyadh, Medinah, Qassim, Jeddah and the Eastern Province to assess its conditions.

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14.4.7 Complaints

Complaints Handling Procedures When the National Society for Human Rights receives a complaint it follows certain procedures:

1. The Society receives complaints via phone, fax, mail, or through the its website.

2. The legal advisors work with the individual to gain an understanding of the case and offer legal advice.

3. The legal advisors direct the individual to the concerned governmental bodies that handle that type of case.

4. Once all official bodies have been approached and all options exhausted without resolution, the individual is asked to present the complaint to the Society in writing along with supporting evidence.

5. Once the legal advisors study the case and verify its credibility, the Society approaches the concerned bodies in order to resolve the case and find justice.

Statistics of Incoming Complaints to the NSHR

Since the opening of the National Society for Human Rights in 2004 and up until the end of 2005, the total number of complaints received by the Society was five thousand six hundred and twenty nine (5629).

Type of Complaint Percent of Incoming Complaints

Percent of Solved Complaints

Prisoners 24% 24% Civil Affairs 19% 19% Labor 13% 13% Administrative 12% 9% Financial Demands 12% 12% Urban Affairs 9% 4% Judicial 6% 4% Detention Abroad 3% 1% Domestic Violence 2% 2% Total 100% 88%

14.4.8 Budget

Estimated Budget of Expenditures and Returns for the National Society for Human Rights for the Fiscal Year 2005

Expenditure Returns

Amount Amount

Whole Partial

Details

Whole Partial

Details

3,898,526 Money in Banks

Spending to Earn Immobile Assets Support, Returns, and Other Revenue

28,539,139 Buildings 100,000,000 Donation from Custodian of the Two Holy Mosques

1,606,444 Furniture, stationary, and equipment 14,960,954 Returns on investment in the Saudi stock market

30,145,583 21,190,900 Returns on the Manarah fund

110,566,600 Short-term investments 14,725,933 Circulating monies

Employees Expenditure 150,877,787

1,792,713 Salaries 94,353 Accord Liabilities

104,500 Bonuses 265,471 Accrued Expenses

442,917 Air fare and transportation

430 Medical care

2,340,560

Activity Expenditure

1,941,849 Overseeing municipality elections

156,302 Documentaries, advertisement, printed material, and publications toward increasing awareness on human rights

597,194 Deputation allowance

85,174 Various outgoing

96,144 Official assignments

125,820 Membership fees

204,102 Stationary and publications

72,600 Electricity, water, and telephone

23,320 Car rental

3,302,505

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910,110 Prepaid Expenses

61,227 Securities

12,500 Advances to Suppliers

151,237,611 151,237,611

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Estimated Budget of Expenditures and Returns for the National Society for Human Rights for the Fiscal Year 2006

Returns

Amount Amount

nue

Expenditure

12,

13,

(4

4,

200,

150,

158,

5,

(5

700,

300,

150,

15,

100,

10,

4,

1,

24,

Whole Partial

Explanation

Details

Whole Partial

Explanation

Details

Spending to Earn Immobile Assets (1) Support, Returns, and Other Reve

300,000 (2) Property 2,200,000 Rental returns

1,000,000 (3) Furniture, stationary, and equipment 1,000,000 Returns on investment in the Gulf stock market

300,000 14,960,954 Returns on investment in the Saudi stock market

6,624,556 Returns on the Manarah fund

) Employees Expenditure 24,785,510

635,800 Salaries

000 Bonuses

500,000 Air fare and transportation

000 Medical care

400 Social security

644,200

) Activity Expenditure

859,337 Rent (Riyadh and Dammam)

2,000,000 Documentaries, advertisement, printed material, and publications toward increasing awareness on human rights

000 Deputation allowance

500,000 Scientific research and studies

000 Official assignments

000 Training

000 Membership fees

000 Stationary and publications

140,000 Electricity, water, and telephone

000 Car rental

774,337

066,973 (6) Budget Surplus

785,510 24,785,510

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14.4.9 General Information

National Society for Human Rights (NSHR), Saudi Arabia

Background The central institution of Saudi Arabian Government is the Saudi monarchy. The Basic Law adopted in 1992 declared that Saudi Arabia is a monarchy ruled by the sons and grandsons of the first king, Abdul Aziz Al Saud, and that the Qur'an is the constitution of the country, which is governed on the basis of Islamic law (Shari'a). The monarch is King Abdullah bin Adbul Aziz Al Saud, who is also the prime minister, chief of state, and head of government. Since 1953, the Council of Ministers, appointed by and responsible to the king, has advised on the formulation of general policy and directed the activities of the growing bureaucracy. This council consists of a prime minister, the first deputy prime minister) Crown Prince Sultan bin Abdul Aziz Al Saud) and twenty ministers.

Legislation is by resolution of the Council of Ministers, ratified by royal decree, and must be compatible with the Shari'a (Islamic law). Justice is administered according to the Shari'a by a system of religious courts whose judges are appointed by the king on the recommendation of the Supreme Judicial Council, composed of twelve senior jurists. The independence of the judiciary is protected by law. The king acts as the highest court of appeal and has the power to pardon. Access to high officials (usually at a majlis, or public audience) and the right to petition them directly are well-established traditions. The State Constitutional Authorities are composed of the Judicial, Executive and Regulatory Authority. Regulatory Authority is entrusted to the Shura Council, the Consultative Assembly of Saudi Arabia (Majlis as-Shura). It consists of ninety members and a chairman appointed by the monarch for four-year terms. It has the following committees:

a. Islamic Affairs and Human Rights b. Social, Family, and Manpower Affairs c. Economic and Energy Affairs d. Security Affairs Committee e. Regulations, Administration, and Petitions f. Educational and Scientific Research Affairs g. Cultural, Information, and Youth Affairs h. Foreign Affairs i. Water, Public Facilities and Services j. Health and Environment Affairs k. Financial Affairs l. Transportations, Communications, and Information Technology

Saudi Municipal elections took place in 2005 and some commentators saw this a first tentative step towards the introduction of democratic processes in the Kingdom, including the legalisation of political parties.

Establishment Following the approval of a draft law submitted by the Council of Ministers, the King of Saudi Arabia issued a Royal Decree No. 24/2, on 9/3/2004 which established the National Society for Human Rights on the premise that the Society will carry out its activities in line with article 26 of the Constitution that states "The State shall protect human rights in accordance to Islamic Law…".

The NSHR met with the HRH Prince Abdulla bin Abdulaziz, the Crown Prince at that time, and with other high rank governmental officials, all of whom have indicated that they have high expectations of it. They have emphasized that it is an independent body and encouraged us to work hard and fast to rectify any problems that might exist. They promised to provide us with their full and unconditional support and advised all governmental officials to do so in order to guarantee the independent nature of this body. Mandate The NSHR has a wide mandate to protect and promote human rights. Article 2 of the Constitution sets out the goals of the mandate of the NSHR as follows:

a. To promote and protect human rights according to the basic law of the Kingdom of Saudi Arabia, in conformity with the international human rights’ instruments and standards endorsed by the UN and other renowned organizations and agencies.

b. To cooperate and work with international organizations concerned with human rights and particularly with the Office of the United Nations High Commissioner for human rights.

c. To stand against injustice, abuse, violence, torture and intolerance at large. Article 3 sets out the functions of the society which fall under the following 6 categories:

a. Ensuring the enforcement of rules and internal regulations of the Saudi Arabian basic law that are pertinent to human rights.

b. Ensuring the fulfillment of the Kingdom’s obligations with regards to the provisions of international human rights instruments and standards.

c. Receiving communications concerning human rights violations and following them up with the relevant governmental institutions and bodies.

d. Studying international human rights’ laws and related instruments with a view to their implementation through the domestic law.

e. Promoting human rights education by organizing international, regional and local educational events; by producing specialized publications and press releases on human rights and by submitting opinions and proposals to governmental and non-governmental bodies concerning their participation in the cultivation of a culture of human rights in the Saudi society.

f. Encouraging international and regional cooperation for the support and protection of human rights at the level of national institutions.

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Composition The main bodies of the Society are (article 4):

a. The General Assembly, which is composed of forty-one founding members; ten of them are females. The members were selected in a way that would represent a balanced sample of the Saudi society with its different trends and backgrounds. Most of the members are highly qualified and are experts in their fields of interest.

b. The Executive Council which is, composed of nine members including the President and the two Vice Presidents. The other seven members were elected by the general assembly. Three of them are women.

c. Secretary General of the Society d. The Specialized Committees of the Society.

The committees of the NSHR are (article 13): a. The Monitoring and Follow Up committee: to monitor and follow up

whatever work pertaining to the achievement of the NSHR’s goals; to receive grievances and complaints; to look into allegations of violations and abuse of regulations

b. The committee of Studies and Consultations: to undertake studies and provide consultations regarding the international instruments and standards of human rights. An important task that this committee will fulfill to bridge any possible gaps or inconsistencies between the Saudi basic law and the international human rights instruments.

c. The Education and Publication committee: to organize symposia, conferences, etc, and thereby disseminating information regarding human rights and promoting a culture of human rights within the society.

d. The Family committee: concerned with all members of the family and with all family affairs. Special emphasis is placed on issues relating to women and children.

Finances In 2004, the Costodian of the Two Holy Mosques, King Fahad bin Abdul Aziz, has issued the NSHR the sum of one hundred million Saudi riyals (the equivalent of thirty million US dollars) as a trust fund. Article 14 of the Constitution specifies that the Society's resources is generated from:

a. "…publications, bulletins, and revenue generated from symposiums and fairs.

b. Revenues generated from the investment of the mobile and immobile properties of the Society.

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c. Gifts, testaments, Awqaf (endowments), grants, and other resources that do not contradict with the objectives of the Society."

Article 15 states that "A committee for investment and financial affairs shall be formed to supervise the Society's monetary and ocular investments, and to study the final accounts, the yearly budget, the income and expenditure accounts, and any other tasks delegated to it by the Executive Council pertaining to the finances of the Society. "The fiscal year of the Society starts on the 1st day of January of each year, and ends on the 31st of December the same year, with the exception of the first financial year which starts from the date of the issuance of the establishing license of the Society and ends on the 31st of December of the next year."

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14.4.10 Correspondence From: Lubna A. Al-Ansary [[email protected]] Sent: Friday, 7 July 2006 10:59 AM To: Pip Dargan Cc: Kieren Fitzpatrick; [email protected]; [email protected]; [email protected] Subject: RE: Application for membership - National Society for Human Rights, Saudi Arabia: Clarification regarding Status Dear Pip, Thanks again for your email and for all the efforts made in reading and reflecting on our application. I find this process very interesting. At the end of the day, the whole process is meant to be a stimulus and not an end. These questions have highlighted many areas in our mandate to expand on and further develop. So, Keep the questions coming. Please see the answers below to the questions that you raised. Thanks again. Respectfully yours, Lubna Pip Dargan <[email protected]> wrote: Dear Lubna, I appreciate your quick response to my earlier question on the distinction between NSHR and the 'Human Rights Commission'. Thank you. I now has some further questions for you and again would appreciate your response on behalf of the NSHR. I will set out the questions under 'headings' for your ease of reference. Composition and Pluralism In reading the Royal Decree and the NSHR constitution - both appear to be silent on the requirement to ensure pluralism in the composition of the General Assembly. In supplementary information that you provided to me in your email of 30 June you stated that the “General Assembly is comprised of forty-one founding members; ten of them are females. The members were selected in a way that would represent a balanced sample of the Saudi society with its different trends and backgrounds. Most of the members are highly qualified and are experts in their fields of interests”. Q. For the benefit of Forum Councillors I would be grateful for any further information regarding the NSHR's current selection and appointment procedure to the General Assembly and how this process operates to guarantee the pluralistic representation of the social forces of Saudi Arabian society. Further it would be helpful if you could provide information on the current process on who or what selects the membership to sit on the General Assembly and is there a formal process?

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A. Although the selection criteria were not stated clearly in the mandate, the selection of members was in line with article 4of the Paris Principle. Members of the NSHR are representatives of NGOs and professions responsible for human rights, trends in philosophical or religious thoughts (including the Shiitic minorities), universities and qualified experts and the Parliament equivalent (Majlis Ashura: the Consultative Council). As per article 5 of the NSHR's constitution, all members of the NSHR sit on the General Assembly. Appointment Article 6 of the Paris Principles state that: In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured. Neither the Royal Decree nor the NSHR’s constitution make provision for the terms of appointment such as duration, or whether members can be re-appointed, reasons for termination or what privileges or immunities are enjoyed. In the application checklist submitted to the secretariat the NSHR states that “…the appointment duration of members of the Executive Council is four years and subject to renewal. The duration of the memberships of the General Assembly is not specified in the constitution and is an area that requires deliberation”. Q. Could you please provide any information on the status of the General Assembly's deliberation on this issue - in particular perhaps you could share with us the ways in which the NSHR may be exploring the 'duration' issue and its codification. A. Many members have sensed the need to explore the 'duration' issue and its codification shortly after the NSHR started functioning. In fact, it has been raised informally in some of the Executive Council and General Assembly meetings. In balance, it was thought that raising this issue at such an early stage may not be a priority because it may do more harm than good. In its early days, the NSHR should be concerned with establishing its identity and credibility rather than getting itself engaged in changing its constitution. The time now is more suitable and this issue would soon be on the agenda for the General Assembly meeting. Grounds for 'loss of membership' In the NSHR constitution there is provision for a member to lose his/her membership by virtue of a decision by the General Assembly. Q. Could you advise whether the government or the NSHR has identified specific grounds on which the General Assembly may refer to in making this decision - for

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example a member may be convicted of a serious crime or is bankrupt? Are these grounds set out formally? A. The grounds were not set out in detail but it is understood that the General Assembly would consider making this decision when a member acts in a way that affects the credibility or reputation of the NSHR as an institution concerned with promoting and protecting human rights in the society (for example, as you mentioned, being convicted of a serious crime). Voting In the application checklist submitted the NSHR noted that "three members were appointed in top governmental executive positions and they have since lost the right to vote". Q. Could you advise whether this is a formal policy adopted by the NSHR and whether it applies to all present or future government officials appointed to the General Assembly or Executive Council? A. Yes it is a formal policy that was unanimously agreed upon by the General Assembly. The member, however, may attend some of the meetings if invited by the President (e.g. for his/her expertise in certain disciplines, or to clarify on specific issues or decisions that took place in the past, etc) but he or she can not vote. Annual Report Can you advise whether the NSHR annual report is submitted to the Saudi Council of Ministers or to a Ministry that is a 'focal point' to the NSHR, for example the Ministry of the Interior? Can you confirm that the annual report 'highlights' is for the year 2005?

• Nothing in the mandate specifies that the annual report should be submitted to the Council of Ministers or to any specific Ministry. The report will be made available to whoever wants to read it. It will be posted on the NSHR's website in Arabic and English and, therefore, can easily be accessed by the public, the media, etc. As a courtesy, a copy will be sent to the Council of Ministers, Ministry of Interior and all parties concerned with promotion and protection of human rights.

• The annual report 'highlights' is for the year 2005 except for chapter 5- Activities and accomplishments- which includes a mixture of activities and accomplishments for the year 2005 & 2006. Those events pertaining to the year 2006 were included because most of the preparatory work took place in the preceding year. They can easily be sorted out by looking at the dates.

Name of Eastern Province and request for e-documents

I would be grateful if you advise me of the name of the name of the Eastern Province in which you have established a regional office? Could you also please send me the electronic version of the i) statistics of incoming complaints; ii) complaint-handling procedures; iii) budget return for 2006.

• There is only one Eastern Province in Saudi Arabia :). The branch was established in Al-Dammam city

Finally, once we receive answers to the above questions I will complete our preliminary assessment of your application for full membership and send it to the NSHR for its comments. We would also appreciate it if you could provide the APF with your formal written comments on our draft analysis when it is sent. Feel free to correct any errors of fact we have made AND any disagreements or different opinions you might have of our analysis. Your written comments will be provided to Forum Councillors to aid in their decision. Now that the APF meeting is less than 3 weeks away your prompt response will again be most appreciated. Regards, Pip. 6 July 2006

From: Lubna A. Al-Ansary [mailto:[email protected]] Sent: Friday, 30 June 2006 9:36 AM To: Pip Dargan Cc: Kieren Fitzpatrick; [email protected]; [email protected]; [email protected] Subject: Re: Application for membership - National Society for Human Rights, Saudi Arabia: Clarification regarding Status

Dear Pip,

Thanks for your email and for your request. Simply put, the recently established commission in Saudi Arabia is a pure governmental body that may develop and get promoted in the future to a Ministry of Human Rights. The case of the NSHR is different. The cabinet had a vision of how it should be organized. Prof Abdulla Al-Obeid, the first President of the NSHR, was selected to make the necessary arrangements. Among other things, he was asked to propose some potential members. He selected 16 but it was thought that this would be a small sample and they wanted a more representative sample of the society that would be able to carry on with the tasks of a National Institution. So the number was increased to forty. The Cabinet would not get involved to this extent with any NGO.

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Sorry. the previous email was sent by mistake.

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Shortly after being established, the NSHR met with HRH Prince Abdulla bin bdulaziz, the Crown Prince at that time, and with other high rank governmental officials, all of whom have indicated that they have high expectations of it. They have emphasized that it is an independent body and encouraged us to work hard and fast to rectify any problems that might exist. They promised to provide us with their full and unconditional support and advised all governmental officials to do so in order to guarantee the independent nature of this body. I hope that this clarifies the matter and please do not hesitate to get in touch again and I'll try to reply ASAP. I have also attached a document that was first thought to be part of the application to the APF. I 'll attach it again just in case. Respectfully yours, Lubna Pip Dargan <[email protected]> wrote: Dear Lubna, Warm greetings from the APF secretariat. Thank you for submitting the National Society for Human Rights (NSHR, or Society) application for membership to the Asia Pacific Forum of National Human Rights Institutions (APF). As Kieren has foreshadowed with you, the APF will assess the NSHR's application with reference to the UN endorsed Paris Principles. During this process I will be in touch with you on a variety of issues including the seeking clarification on information or requesting further documentation. I look forward to our communication. In that regard I kindly wish to request clarification in relation to the existence and legal status of two bodies established for the promotion of human rights in accordance with the Holy Quran in Saudi Arabia. In particular I wish to seek your advice and clarification on the distinction between the NSHR and the recently established Human Rights Commission set up by the Saudi Council of Ministers on 12 September 2005? In the documents you have provided including the NSHR's constitution and application form, it appears the NSHR was created by a decision of its General Assembly (which consists of 41 members). In the Society's constitution Article 1 'Establishment of the National Society for Human Rights' states: "the members whose names are indicated in the attached resolution have decided to establish an independent society that concerns itself with human rights, to be called "The National Society for Human Rights" which enjoys an independent nominal character granting it the right to possession and action, and having its headquarters in the city of Riyadh, and may establish branches within and outside the Kingdom of Saudi Arabia". Subsequently the establishment of the Society was endorsed by King Fahad bin Abdul Aziz in his Royal Decree No 24/2 on 9 March 2004.

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According to the US State Department Country Report on Saudi Arabia 2005 issued on 8 March 2006 (http://www.state.gov/g/drl/rls/hrrpt/2005/61698.htmit) it states that the NSHR characterises itself as a "national nongovernmental organisation with no affiliation to governmental institutions". The report then goes on to say that "...Council of Ministers, chaired by King Abdullah, approved the establishment of the Human Rights Commission (HRC). This specialized government organisation has broad powers and reports directly to the King. Headquartered in Riyadh, the HRC was designed to protect and enhance human rights as well as raise awareness and ensure the implementation of human rights in line with Shari'a rule. On October 3, the king appointed Dr. Turki bin Khaled al-Sudairi as chairman of the commission with ministerial rank". Further, according to the Saudi Election news website (http://saudielection.com/en/news_body.php?id=448) the HRC was also established by Royal Decree. I would be most grateful to receive the Society's comments on the distinction between the NSHR and the recently established HRC for the benefit of APF members. The reason I ask this question is that the APF is comprised of independent national human rights institutions that have been established by the State. On the basis of the material you have sent me I get the impression that the National Society for Human Rights is in fact a non-governmental organisation. I may also need to seek further clarification on other issues. Thank you for your cooperation and I look forward to your earliest advice on the above matter. Yours sincerely Pip Dargan Ms Pip Dargan Deputy Director

14.5 Paris Principles PRINCIPLES RELATING TO THE STATUS OF NATIONAL INSTITUTIONS Competence and responsibilities ‘Paris Principles’ 1. A national institution shall be vested with competence to promote and protect human rights. 2. A national institution shall be given as broad a mandate as possible, which shall be clearly set forth

in a constitutional or legislative text, specifying its composition and its sphere of competence. 3. A national institution shall, inter alia, have the following responsibilities:

(a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:

(i) Any legislative or administrative provisions, as well as provisions relating to judicial

organizations, intended to preserve and extend the protection of human rights; in that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights; it shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;

(ii) Any situation of violation of human rights which it decides to take up;

(iii) The preparation of reports on the national situation with regard to human rights in

general, and on more specific matters;

(iv) Drawing the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the Government;

(b) To promote and ensure the harmonization of national legislation regulations and practices

with the international human rights instruments to which the State is a party, and their effective implementation;

(c) To encourage ratification of the above-mentioned instruments or accession to those

instruments, and to ensure their implementation;

(d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence;

(e) To cooperate with the United Nations and any other organization in the United Nations

system, the regional institutions and the national institutions of other countries that are competent in the areas of the promotion and protection of human rights;

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(f) To assist in the formulation of programmes for the teaching of, and research into, human

rights and to take part in their execution in schools, universities and professional circles;

(g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs.

Composition and guarantees of independence and pluralism 4. The composition of the national institution and the appointment of its members, whether by means

of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the promotion and protection of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:

(a) Non-governmental organizations responsible for human rights and efforts to combat racial

discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists;

(b) Trends in philosophical or religious thought;

(c) Universities and qualified experts;

(d) Parliament;

(e) Government departments (if these are included, their representatives should participate in the

deliberations only in an advisory capacity).

5. The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.

6. In order to ensure a stable mandate for the members of the national institution, without which there

can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.

Methods of operation Within the framework of its operation, the national institution shall:

(a) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner;

(b) Hear any person and obtain any information and any documents necessary for assessing

situations falling within its competence;

(c) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;

(d) Meet on a regular basis and whenever necessary in the presence of all its members after they

have been duly convened;

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(e) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions;

(f) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible

for the promotion and protection of human rights (in particular ombudsmen, mediators and similar institutions);

(g) In view of the fundamental role played by the non-governmental organizations in expanding

the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.

Additional principles concerning the status of commissions with quasi-judicial competence A national institution may be authorized to hear and consider complaints and petitions concerning individual situations. Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations. In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles: (a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the law,

through binding decisions or, where necessary, on the basis of confidentiality; (b) Informing the party who filed the petition of his rights, in particular the remedies available to him,

and promoting his access to them; (c) Hearing any complaints or petitions or transmitting them to any other competent authority within the

limits prescribed by the law; (d) Making recommendations to the competent authorities, especially by proposing amendments or

reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights.

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14.6 APF Membership Rules

RULES RELATING TO MEMBERSHIP OF THE FORUM 11 Membership

11.1 Full members

(a) Qualifications of full members

Each full member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors complies with the Paris Principles.

(b) Initial members

The initial members are:

(1) Human Rights and Equal Opportunity Commission of Australia; (2) National Human Rights Commission of India; (3) Indonesian National Commission on Human Rights; (4) Human Rights Commission of New Zealand; (5) Commission on Human Rights of the Philippines; (6) Human Rights Commission of Sri Lanka; (7) Fiji Human Rights Commission; and (8) Human Rights Commission of Nepal.

(c) Status

The initial members are full members.

(d) Admission of further full members

(1) The Forum councillors may admit any institution, meeting the qualifications set out in rule 11.1, to full membership of the Forum.

(2) Every applicant for full membership (except the initial members) must be proposed by one and seconded by another full member. The application for full membership must be:

(A) made in writing and signed by the applicant and its proposer and seconder; and (B) in the form prescribed by the Forum councillors.

(3) Subject to rule 11.1(d)(4), at the next meeting of the Forum councillors after the receipt of an application for membership, the Forum councillors must consider the application and decide whether to admit or

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CONSTITUTION OF THE ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS

reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

(4) The Forum councillors may, at their discretion, defer the consideration of an application for full membership.

11.2 Candidate members

(e) Qualifications of candidate members

Each candidate member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors could comply with the Paris Principles within a reasonable period but does not do so at the time of the application for membership and which commits, in a form acceptable to the Forum councillors, to take active steps towards compliance with the Paris Principles within a reasonable period.

(f) Admission of candidate members

(1) The Forum councillors may admit any institution meeting the qualifications set out in rule 11.2(a) to candidate membership of the Forum.

(2) Every applicant for candidate membership must be proposed by one full member and seconded by another full member. The application for candidate membership must be:


(3) Subject to rule 11.2(b)(4), at the next meeting of the Forum councillors after the receipt of an application for candidate membership, the Forum councillors must consider the application and decide whether to admit or reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

(4) The Forum councillors may, at their discretion, defer the consideration of an application for candidate membership.

(g) Rights of candidate members

Candidate members have no voting rights.

11.3 Associate members

(h) Characteristic of associate members

Each associate member must be a human rights institution in the Asia Pacific region which, in the opinion of the Forum councillors, does not comply with and is unlikely to comply with the Paris Principles within a reasonable period.

(i) Admission of associate members

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(1) The Forum councillors may admit any institution, having the characteristic set out in rule 11.3(a), to associate membership of the Forum.

(2) Every applicant for associate membership must be proposed by one full member and seconded by another full member. The application for associate membership must be:


(3) Subject to rule 11.3(b)(4), at the next meeting of the Forum councillors after the receipt of an application for associate membership, the Forum councillors must consider the application and decide whether to admit or reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

(4) The Forum councillors may, at their discretion, defer the consideration of an application for associate membership.

(j) Rights of associate members

Associate members have no voting rights.

11.4 Review of compliance by full members with the Paris Principles

(k) Occasion for review

(1) The Forum councillors may, on their own motion and at any time, decide to review the compliance of a full member with the Paris Principles.

(2) A full member must notify the Forum if there has been any change to the constitutional and/or legislative base or administration of the institution which materially impacts upon its compliance with, or ability to comply with, the Paris Principles.

(l) Review

(1) Following a decision to review under rule 11.4(a)(1) or receipt of a notification under rule 11.4(a)(2), the Forum councillors must meet to consider whether the institution complies with the Paris Principles.

(2) If the Forum councillors decide that the institution does not so comply, they may decide to propose a resolution under rule 12.2 to expel the member.

11.5 Review of commitment by candidate members to comply with the Paris Principles

(m) Occasion for review

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(1) The Forum councillors may, on their own motion and at any time, decide to review the commitment of a candidate member to take active steps to comply with the Paris Principles within a reasonable period.

(2) A candidate member must notify the Forum if there has been any change to the constitutional and/or legislative base or administration of the institution which materially impacts upon its commitment or ability to take those active steps to comply with the Paris Principles within a reasonable period.

(n) Review

(1) Following a decision to review under rule 11.5(a)(1) or receipt of a notification under rule 11.5(a)(2), the Forum councillors must meet to consider whether the institution is taking active steps to comply with the Paris Principles.

(2) If the Forum councillors decide that the institution is not taking those active steps, they may decide to propose a resolution under rule 12.2 to expel the member

12 When membership ceases

12.1 Resignation and other events

An institution immediately ceases to be a member if the institution:

(o) resigns as a member by giving written notice to the Forum; or

(p) becomes insolvent or makes any arrangement or composition with its creditors or if a liquidator, receiver or other external administrator is appointed in respect of the institution; or

(q) is expelled under rule 12.2.

12.2 Expulsion

(r) The Forum councillors may by resolution expel a member from the Forum if;

(1) in their absolute discretion, they decide it is not in the interests of the Forum for the institution to remain a member; or

(2) under rules 11.4(l)(2) or 11.5(n)(2) they decide to propose a resolution under this rule.

(s) If the Forum councillors intend to propose a resolution under rule 12.2(r), at least one month before the meeting at which the resolution is to be proposed, they must give the member written notice:

(1) stating the date, place and time of the meeting;

(2) setting out the intended resolution and the grounds on which it is based; and

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(3) informing the member, candidate member or associate member that a representative of the member, candidate member or associate member may attend the meeting and may give an oral or written explanation or submission before the resolution is put to the vote.

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15. DISABILITY RIGHTS

ELEVENTH ANNUAL MEETING OF THE ASIA PACIFIC

FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS


TITLE:

Disability Rights

SUMMARY OF ISSUE:

The APF, through the representative of the National Human Rights Commission of India (Ms Anuradha Mohit) participates in the negotiations to establish a new UN Convention on Disability. The next and perhaps final session of negotiations takes place 14 to 25 August 2006. The report of the APF delegation to last session of negotiations is attached.

RECOMMENDATION:








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15.1 Background 1. The APF delegation attending the 7th session of the United Nations General Assembly Ad Hoc Committee on the elaboration of a new convention on disability comprised Ms Anuradha Mohit (Special Rapporteur on Disability of the National Human Rights Commission of India and also representative of the International Coordinating Committee), Professor Andrew Byrnes (UNSW LAW Faculty), Ms Priyanka Chirimar (practising lawyer from India) and Ms Siddhi Vyas (Columbia University).98 2. The APF team worked closely with the representatives of other national institutions who were present for some or all of the session. These included Professor Gerard Quinn, Professor William Binchy and Mr Gavin McSpadden (Ireland), Dr Hyoung-Seok Cho (Republic of Korea), Mr Lars Lööw, Ms Anna Nilsson and Ms Anna Bruce (Sweden), and Mr Harvey Goldberg and Ms Karen Izzard (Canada). This report should be read in conjunction with the report prepared by Ms Anuradha Mohit for the NHRI-ICC. 3. As at the last session, the debate followed a procedure under during which governments spoke, followed by interventions from IGOs, NHRIs, and NGOs. Although this meant that NHRIs and NGOs only spoke after governments had had their say, it nevertheless provided a valuable opportunity to contribute to the public debate, in addition to the informal work which the NHRI/APF representatives carried out. The NHRIs made a number of formal interventions on specific articles; these are attached at Annex C. 4. Ms Priyanka Chirimar took notes of the discussion for nearly every day of the session and together with Ms Anuradha Mohit has produced summaries of the main issues that arose from the discussions. Ms Siddhi Vyas also provided valuable assistance. 15.1.1 Intersessional Activities 5. A number of members of the APF Working Group99 had been involved in a range of Convention-related activities since the last session of the Committee. These included:

• Participation in an expert group meeting organized by the OHCHR in November 2005 on possible monitoring mechanisms under the Convention (attended by Ms Mohit and Professor Byrnes, who acted as chair and rapporteur of the meeting, the report of the meeting100 providing significant input to the paper of the OHCHR)

98 Mr Graeme Innes, Human Rights Commissioner of the Australian HREOC, and Ms Rosemary Kayess, both of whom are also part of the APF working group, were present as members of the Australian government delegation. 99 For detailed list of activities of the Working Group and APF contributions to the work of the Ad Hoc Committee since its establishment, see http://www.asiapacificforum.net/international/disability/working-group/index.htm 100 Expert Meeting on Possible Monitoring Mechanisms for the New Disability Convention, Geneva, 24 and 25 November 2005, http://www.ohchr.org/english/issues/disability/egm.htm

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• Participation in the International Conference on the draft UN Disability

Convention - Monitoring Provisions, Harvard Law School, (co-organized by Professor Gerard Quinn and attended by Ms Mohit and Mr Kieren Fitzpatrick of APF)

• Participation in an expert workshop on issues relating to the inclusion of women-

specific articles in the Convention, organized by the Government of Germany and held in Berlin on 17 and 18 December 2005 (attended by Andrew Byrnes; the meeting examined a draft discussion paper prepared by a number of German NGOs for submission to the Committee on this issue)101

• Workshop to review the Chair’s draft text, organized by the Disability Studies and

Research Institute, the National Association of Community Legal Centres and the Australian Human Rights Centre, Faculty of Law, UNSW, Sydney (Rosemary Kayess was the principal organiser, and Andrew Byrnes and Kieren Fitzpatrick spoke at the event, which the Chair of the Committee, Ambassador McKay, attended) 102

• In October 2005 Ms Anuradha Mohit attended an expert meeting organized by

UNESCAP on issues which included the monitoring and implementation of the Convention, and facilitated group discussions on National Action Plans.

• In September 2005, APCD convened a regional workshop in which

representatives from 22 countries participated. Ms. Anuradha Mohit along with Ms. Venus Ilagan, Chair DPI facilitated the discussion on disability convention and the role of DPOs in the implementation of the Convention.

• Apart from this Ms. Anuradha Mohit was invited to the WBU Committee on UN

Affairs to identify critical issues that need to be strengthened in the Chair’s draft from the perspective of the rights of the persons with blindness.

15.2 Overview of the 7th Session 6. The work of the session comprised a first reading of the draft text prepared by the Chair of the Committee. Ambassador Don McKay of New Zealand. This text, made

101 Disabled Peoples' International (dpi), Gendering the Draft Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, Legal background paper written by Dr Sigrid Arnade, NETZWERK ARTIKEL 3 e.V. and Sabine Haefner, Sozialverband Deutschland e.V. - SoVD, Berlin, January 2006, http://www.netzwerk-artikel-3.de/un-konv/doku/papier-02.rtf 102 Disability Studies and Research Institute and the Australian Centre for Human Rights, An Expert Seminar --Critical issues in disability and human rights: An expert appraisal of the Chair’s text for a Comprehensive and integral international convention on the rights and dignity of persons with disabilities, Sydney, 28 November 2005

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available in October 2005,103 was the Chair’s effort to bring together in one text the results of the discussions of the January 2004 Working Group draft which had taken place during the 4th, 5th and 6th sessions of the Committee. In the Chair’s covering letter he summarized the discussions so far, and set out his basic approach to the future of the negotiations, namely that it was important for States to be flexible if the work of the Committee was to conclude within a reasonable time:

“6. Colleagues therefore need to come to the meeting in January 2006 prepared to negotiate on the basis of this text. In this respect, let me repeat the mantra that ‘the perfect is the enemy of the good’. I would urge colleagues not to come to the January meeting with wholesale proposals for new language. We need to move past that stage. Please consider the Chair’s text on the basis of what you can accept, not what you would prefer. Or, as some colleagues put it during our last meeting, ‘what you can live with, not what you love’. Only by taking this approach will we be able quickly to conclude our work.

7. Accordingly, at the January meeting, I will be asking colleagues whether there is anything in the attached text that they absolutely cannot accept. Any suggestions for improvement or change that do not quickly draw a consensus will have to be forgone, or we will find ourselves engaged in a protracted process that has no end.”

7. The Chair’s draft was fully discussed during the session, as were a number of issues which had been left open in that draft for consultations and the preparation of draft text (these included women with disabilities, children with disabilities, international cooperation, and international monitoring). At the end of the second week of the session, the Chair distributed a further draft text on international monitoring,104 which drew on the expert paper prepared by the OHCHR for this session and which had been presented earlier in the week. 105

8. As the session progressed, the Chair distributed revised text of each article discussed; this was intended to reflect the responses of the meeting to his initial text. Not all articles achieved the level of agreement sufficient for the Chair to issue revised text: these matters are to be the subject of consultation before the 8th session of the Committee scheduled for August 2006 The Chair’s hope is that the negotiations will be substantially concluded at that session (though the draft Convention will probably need a technical review before its final adoption). The revised Chair’s text as of 3 February 2006 is attached as Annex A.106

103 Letter dated 7 October 2005 from the Chairman to all members of the Committee and Chair’s draft text, A/AC.265/2006/1, http://www.un.org/esa/socdev/enable/rights/ahcchairletter7oct.htm. 104 http://www.un.org/esa/socdev/enable/rights/ahc7docs/ahc7unedchrmonitor.doc 105 Expert paper on existing monitoring mechanisms, possible relevant improvements and possible innovations in monitoring mechanisms, prepared by the Office of the High Commissioner for Human Rights, A/AC.265/2006/CRP.4, http://www.un.org/esa/socdev/enable/rights/ahc7docs/ahc7unedchrmonitor.doc 106 Draft Convention on the Rights of Persons with Disabilities, as at 3 February 2006, http://www.un.org/esa/socdev/enable/rights/ahc7docs/ahc7draftannex2.DOC

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9. In his Closing Remarks (attached as Annex B) the Chair provided an overview of progress and classified the various articles into three categories:107

(a) “no significant issues remaining”: most articles fall into this category (b) “some issues remaining”: this category included the issue of placement of specific

provisions relating to women and also to children (there being general agreement on the general content of the provisions); and

(c) “difficult issues remaining”: in particular the draft articles relating to legal capacity (article 12) and involuntary treatment (article 17) still have a number of issues to be resolved.

15.3 Substantive Progress and Outstanding Issues 15.3.1 National Monitoring 10. This session saw significant progress towards completion of the Convention. Developments of particular interest to NHRIs were the discussions on national and international monitoring. The revised text on national monitoring, draft article 33, achieved in large part the principal goals of the NHRIs – (a) to distinguish between policy responsibility for implementation within government and monitoring by independent agencies such as NHRIs, (b) to require States to ensure that they establish a body consistent with the Paris Principles or confer on an existing body competence to monitor the Convention, and (c) to ensure civil society participation in the process of monitoring. While the draft text will not be final until the Convention as a whole is finalized and does not reflect all the detail proposed by NHRIs – especially as regards the functions of such a body -- the current revised text is a very satisfactory outcome. It reads:

“Article 33 National implementation and monitoring

1. States Parties shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism to facilitate related action in different sectors and at different levels. 2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish at the national level an independent mechanism to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the Principles relating to the status and functioning of national institutions for protection and promotion of human rights. 3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.”

107 http://www.un.org/esa/socdev/enable/rights/ahc7chairclose.htm

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15.3.2 International Monitoring 11. As noted above, the major developments at this session were the presentation of an expert paper and the provision of an oral briefing on international monitoring options to the Committee by the OHCHR. The High Commissioner for Human Rights, Ms Louise Arbour, addressed the Committee on 27 January 2006, and assured the Committee of her support -.108 The High Commissioner underscored the valuable role of National Human Rights Institutions in effective national monitoring, and she encouraged member States to ensure that the treaty reflected an independent and effective strategy at the national level. The High Commissioner referred to the process of treaty body reform that was well under way, although noted that its completion may yet take some time. She urged the Committee:

“to ensure that any monitoring mechanism established by this treaty reflects the lessons that we have learnt and the best practices of the existing system. International monitoring must provide maximum opportunities for informed national deliberation and reflection on how to improve enjoyment of human rights, must provide useful advice and guidance to States and help raise awareness, must promote international cooperation, and must facilitate full participation of those whose rights are in question and provide effective remedies for those whose human rights are violated.”

12. Following the distribution of his draft text on monitoring setting out an extensive range of options, the Chair distributed a series of nine questions intended to focus discussion on the options.109 These questions assumed that there would be a new treaty body established and focused on issues of its composition, functions and powers, and the possible obligations of States under a monitoring procedure. The questions also raised the possibility of establishing a Global Advocate or International Disability Ombudsperson, a proposal supported by some governments and the NHRIs. NHRIs prepared answers to the Chair’s questions, based largely on earlier submissions and NHRIs’ August 2005 proposals on monitoring. These responses appear as Annex D. 13. Although a preliminary discussion of these issues took place towards the end of the session, there was no final agreement. The Chair requested members of the Committee to consult intersessionally but noted that “[a]ny such consultations would need to be very informal and without any status, and also open-ended” and the results of the consultations and the issue of international monitoring would need to be discussed in full at the August 2006 session. Mexico has been asked to assist in holding informal consultations in this important area. 15.3.3 General Obligations

108 http://www.unhchr.ch/huricane/huricane.nsf/view01/774475EEB4BD996AC1257106004C519E? opendocument 109 http://www.un.org/esa/socdev/enable/rights/ahc7questions.htm

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14. A number of issues of particular interest to NHRIs were addressed in the context of the draft article on general obligations. NHRIs were concerned to ensure that, even where obligations in the Convention were classical economic, social or cultural rights, or required progressive implementation rather than to be given immediate effect, the Convention reflect current thinking about such obligations. This meant that many such obligations should be understood as having aspects which may be immediately realizable and justiciable, and that this was not limited only to the obligation not to discriminate in fulfilling such obligations. While the Chair’s draft text attempted to address this issue, the Chair’s formulation was not satisfactory in that it limited itself to an affirmation of the immediately realizable nature of the non-discrimination obligation. NHRIs had raised this issue at earlier sessions of the Committee, as well as with a number of delegations. The European Union put forward a proposal which attempted to address the problem. While not entirely satisfactory, the EU proposal appears to go a considerable way towards leaving open the possibility that all rights guaranteed by the Convention may have immediately realizable aspects. This amendment has been included in the current draft article 4 on General obligations and reads (amendment in bold italics):

“With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to the immediately applicable obligations emanating from international human rights law.”

15. Another issue of concern to NHRIs was the need to include in the article on General Obligations a provision on national remedies for violations of rights guaranteed in the Convention. There was strong support for such a provision from a number of States, though there was equally strong opposition from others, so the matter was not resolved at this session. Some of the opposition seems to be based on concern about the nature of some of the rights contained in the draft Convention, which some States felt were in the nature of economic, social and cultural rights and might not be amenable to remedies of a traditional sort. 15.3.4 Other Issues 16. There are a number of outstanding issues, identified in the Chair’s closing remarks. These include the definitions section, which has seen some progress at this session, in particular in relation to the inclusion of a failure to afford reasonable accommodation as part of definition of “discrimination”; an initial attempt by the Chair at a definition of disability.110 However, further work on this definition, and whether it is necessary to define “person with disability”, and to refer to national laws of general application.

110 “Disability” results from the interaction between persons with impairments, conditions or illnesses and the environmental and attitudinal barriers they face. Such impairments, conditions or illnesses may be permanent, temporary, intermittent or imputed, and include those that are physical, sensory, psychosocial, neurological, medical or intellectual.”: http://www.un.org/esa/socdev/enable/rights/ahc7pddisability.htm

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17. The question of an article on international cooperation made significant progress at this session under the facilitation of the Mexican delegation.111 The draft articles dealing with issues of legal capacity (article 12) and involuntary treatment (article 27) continue to cause difficulties and a consensus has not yet been reached on those. 18. The Committee adopted a formal report at the end of its session,112 to which is annexed the Chair’s Working Text.113 15.4 Future Work of the Ad Hoc Committee 19. In his Closing Remarks the Chair set out his approach to the next session. He intends to conclude the substantive discussion of the draft Convention at the next session, then to refer the draft Convention to a Drafting Committee for fine-tuning and technical amendments, for adoption during the 61st session of the General Assembly (which runs from September 2006). He has therefore requested delegations to raise only issues of genuine substance at the August session, to be flexible in their positions, and to seek to explore the outstanding issues informally before the session. While the Chair describes this as an “optimistic scenario”, the experience so far under his chairing of the sessions suggests that there is every likelihood that the timetable will be kept to. 15.5 APF Activities at the Session 20. The APF team worked closely with the other NHRIs which were present at the meeting. During the session, NHRIs met regularly each morning to discuss their approach to various issues coming up for discussion and to assign responsibility for preparing drafts of interventions. Apart from this, representatives of APF, ICC and European National Institutions met on Sunday, 22 January 2006 to take stock of the progress made during the first week and to plan intervention on the Monitoring Article. On Sunday, 29 January 2006, NHRIs held another meeting at which all NHRI representatives were present. At this meeting, they discussed the range of outstanding issues and assigned responsibility for preparing documentation and draft interventions on those issues (in particular monitoring, general obligations, and definitions, in particular the place of reasonable accommodation). 21. In most cases, the positions taken by NHRIs were based on positions taken at earlier sessions and based on the written papers and proposals NHRIs had circulated (in some cases with minor modifications to reflect proposals made by the Chair’s text or by

111 http://www.un.org/esa/socdev/enable/rights/ahc7docs/ahc7faintcooprev2.doc 112 See Draft report of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities on its seventh session, A/AC.265/2006/L.3, available at http://www.un.org/esa/socdev/enable/rights/ahc7docs/ahc7draftrep-e.doc 113 Annex II to the Report, available at http://www.un.org/esa/socdev/enable/rights/ahc7docs/ahc7draftannex2.DOC

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delegations during the meeting). On other issues which arose during the meeting, the various NHRIs discussed the positions that they should adopt as these matters arose. 22. The prepared interventions were delivered by a variety of NHRI representatives, including the ICC representative, and representatives from the Irish Commission, the Swedish Disability Ombudsman, and the APF representative. 23. Activities undertaken at this session by the NHRI/APF representatives were similar to those undertaken at previous sessions and included:

• Liaising with delegations to put forward or to support particular proposals consistent with the NHRI positions and drawing on APF position papers prepared for earlier sessions of the Committee

• Participating in the drafting of interventions by National Human Rights Institutes and in their presentation: these included interventions on legal capacity, informed consent, reproductive rights and reference to national laws, national monitoring, international monitoring, general obligations under the Convention, preamble and general principles. (The text of all the interventions is attached to this report as Annex C.).

• Participating in discussions of NHRI/APF representatives about meeting strategy and follow-up after the session

• Participating in a number of side-events as panellists and attendees • Attending a number of meetings convened by Facilitators and providing input

both at those meetings and informally to Facilitators. 24. Overall, the APF presence once again made a useful contribution to the work of the NHRIs and the Committee, both in its formal aspects and as a result of the informal activities of the delegates. While the majority of work on the Convention is largely done, there are a couple of important outstanding issues of importance to NHRIs in general and APF in particular, above all international monitoring which will be finalized at the August session. 15.6 Recommendations

25. The APF Disability Working Group recommends that:

(a) the APF continue, so far as possible, to support the participation of representatives of APF in the 8th session of the Ad Hoc Committee in August 2006;

(b) the APF Secretariat should request the views of member National Institutions to the nine key questions on international monitoring identified by the Chair and the answers to those questions prepared by NHRIs at the 7th session (Annex D) and these responses should be compiled in a paper to be communicated to Mexico as the facilitator of consultations on the issue. and

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(c) the APF Secretariat liaise with the APF Working Group in order to undertake some preliminary planning of activities that could be undertaken or supported by APF following the adoption of the Convention, and submit proposals to the 2006 meeting of the APF with the overall aim of raising awareness of the Convention and of building capacity for the monitoring of the enjoyment of disability rights.

Andrew Byrnes Anuradha Mohit (members of the APF Working Group on Disability) 14 February 2006 ANNEXES A Chair’s revised text as of 3 February 2006 B Chair’s Closing Remarks B Text of interventions made by NHRIs at the 7th session C Chair’s questions on international monitoring and responses prepared by NHRIs

at 7th session NOTE – the above annexes have not been included in this paper but are available from the APF secretariat on request.

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16. SENIOR EXECUTIVE OFFICERS

ELEVENTH ANNUAL MEETING OF THE ASIA

PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS


TITLE: Senior Executive Officer (SEO) Network

SUMMARY OF ISSUE:

The SEO Network was established at the 7th Annual Meeting in New Delhi in 2002 to enable the senior management of national human rights institutions in the Asia Pacific to share information and expertise and to communicate with each other about the APF's regional projects. The SEO network will meet directly following the meeting of Forum Councillors. Significant outcomes of this meeting will be submitted to the Forum Councillors for their consideration.

RECOMMENDATION:

That Forum Councillors note the meeting of the SEO Network.






SEO Network representatives

17. TWELETH APF ANNUAL MEETING



Location of the 12th Annual Meeting TITLE:

SUMMARY OF ISSUE:

At this stage no venue has been decided for the 12th Annual Meeting of the APF. Under its legal obligations, the APF will need to hold the 12th annual meeting prior to the end of August 2007.

RECOMMENDATION:

That Forum Councillors consider potential hosts for the 12th annual meeting of the APF.


The timing of the 12th annual meeting must take place prior to the end of August 2007.





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18. ELECTION OF APF CHAIRPERSON & DEPUTY CHAIRPERSONS



Election of APF Chairperson and Deputy Chairpersons TITLE:

SUMMARY OF ISSUE:

As per the decision of Forum Councillors, the host institution of the annual meeting assumes the role of Chairperson of the APF until the next annual meeting. The Fiji Human Rights Commission, as the host institution of the 11th Annual Meeting of the APF, will therefore assume the role of Chairperson. The National Human Rights Commission of Mongolia, as the immediate past host institution of the 10th Annual Meeting of the APF, assumes the position of the First Deputy Chairperson of the APF.

RECOMMENDATION:

That Forum Councillors elect the above Commissions to the nominated positions.






Chairperson, APF

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19. GENERAL BUSINESS



General Business TITLE:

SUMMARY OF ISSUE:

GENERAL BUSINESS –Forum Councillors have the ability to nominate additional agenda items as jointly agreed.

RECOMMENDATION:






Chairperson

20. ANNEX 1 – ICC HUMAN RIGHTS COUNCIL PAPER VOL. 1

THE INTERNATIONAL CO-ORDINATING COMMITTEE OF NATIONAL HUMAN RIGHTS INSTITUTIONS (ICC)

ICC Position Paper – Volume I: National Human Rights Institutions and the UN Human Rights Council

Final 27 June 2006

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188

1. Background In the Report of the Secretary General on the Effective Functioning of National Institutions and Regional Arrangements (E/CN.4/2006/102), the ICC Chairperson and regional chairs were requested to draft an ICC position on the reform process. During the 17th session of the ICC 12 – 13 April 2006 it was decided that a Working Group consisting of one representative from each regional group of NHRIs should prepare such a draft ICC position on the role of NHRIs in the Human Rights Council by 1st June 2006. This document includes the results of this work. 2. Introduction National Human Rights Institutions represent a recognized means whereby States can work more effectively to guarantee human rights within their jurisdictions. As independent authorities established by law and ensuring a pluralist representation of social forces involved in the promotion and protection of human rights we are devoted to the promotion of international human rights instruments at the national level and to the protection of the rights enshrined in them within our countries through effective human rights implementation. The United Nations has recognized this important role of National Human Rights Institutions. The United Nations Paris Principles114 specify that NHRIs should contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence. Furthermore, the Paris Principles also establish the mandate for NHRIs to cooperate with the United Nations and any other organization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the promotion and protection of human rights. In view of the general objectives of the Human Rights Council of strengthening the promotion of the full implementation of human rights obligations and commitments by States, NHRIs play an indispensable role in relation to:

• Advising the state on the scope and implementation of its human rights obligations;

• Following-up on the recommendations of the United Nations bodies; • Educating and building capacity on human rights at national level • Conducting public information campaigns on the activities of the international

human rights system which shall include the Human Rights Council. • Supporting and participating in the monitoring and investigation of the

effectiveness of human rights protection at national and regional levels; • Documenting the national human rights situation;

114 *Paris Principles defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris 7-9 October 1991, adopted by Human Rights Commission Resolution 1992/54, 1992 and General Assembly Resolution 48/134, 1993.

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3. Arrangements for NHRIs in the Human Rights Council General Assembly resolution 60/251 establishing the Human Rights Council provides a clear mandate for the participation of NHRIs as observers in the UN Human Rights Council, in stating that the Council will: “work in close cooperation in the field of human rights with […] national human rights institutions” (art. 5 (h)); and “The participation of and consultation with observers, including […] national human rights institutions […] shall be based on arrangements and practices observed by the Commission on Human Rights, while ensuring the most effective contribution of these entities” (art. 11) In accordance with the resolution, it is expected that the arrangements for NHRI participation in the Human Rights Council and its subsidiary bodies will be based on the existing arrangements observed by the Commission on Human Rights as reflected in its resolution 2005/74, namely that:

• NHRIs fully accredited by the International Coordinating Committee of National Human Rights Institutions (ICC) on recommendation of its Accreditation Subcommittee, i.e. with A status, and coordinating committees of such (ICC and regional coordinating bodies) where they are representing their constituent NHRIs are permitted to speak under all items of the Council’s agenda.

o At the 16th session of the ICC it was agreed that the ICC Chairperson should speak in the equivalent to the General Segment of the Human Rights Council with input from regional coordinating bodies and NHRIs on issues of particular concern

o At the 16th session of the ICC it was agreed that on all other agenda items the regional coordinating bodies should facilitate interventions on prioritized areas and that both the ICC, regional coordinating bodies and individual NHRIs would make interventions, preferably through joint statements. Coordination should be done under the umbrella of the ICC to acknowledge which NHRI wishes to speak on which agenda and ensure equitable geographical distribution in the use of speaking times on thematic agenda items.

• NHRIs be allocated dedicated seating in the Council • The Council should support NHRI engagement with the subsidiary bodies of

the Council • NHRIs are permitted to issue documents as official UN documents under their

own symbol numbers • The Secretary-General should continue to provide, from within existing resources,

the necessary assistance for holding meetings of the ICC during the sessions of the Commission, under the auspices of, and in cooperation with, the Office of the High Commissioner

• The Secretary-General should continue to provide, from within existing resources and from the UN Voluntary Fund for Technical Cooperation in the Field of

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Human Rights, the necessary assistance for international and regional meetings of NHRIs

In the Commission on Human Rights resolution 2005/74, the Secretary General is requested to report to the Commission on ways and means of enhancing participation of NHRIs in the work of the Commission. He did so through his report E/CN.4/2006/102. 4. NHRI contribution to new functions of the Human Rights Council

and review of existing mechanisms NHRIs are committed to contribute substantively to the process of consolidating the work of the Human Rights Council in its first year of work and to ensure inter-session follow-up to the results achieved in session based on our constructive and consultative approach to human rights promotion and protection. NHRIs, regional coordinating bodies and the ICC therefore have a role to play in the various types of procedures of the Council, though the exact nature of that role will depend to some extent on the manner in which the Council fashions its procedures and the decisions of individual NHRIs. Specifically, NHRIs have a role to play in relation to:

• the Special Procedures of the Commission on Human Rights, in particular the

thematic and country mechanisms, which the Council is to “assume, review and, where necessary, improve and rationalize . . . in order to maintain a system of special procedures, expert advice and a complaint procedure” (GA resolution 60/251, para 6);

• the new procedure for universal periodic review of the performance of all member States of their human rights obligations ((GA resolution 60/251, para 5(e)); and

• the exercise by the Council of its mandate “to address situations of violations of human rights, including gross and systematic violations” (GA resolution 60/251, para 3) and “to contribute, through dialogue and cooperation, towards the prevention of human rights violations and respond promptly to human rights emergencies” (GA resolution 60/251, para 5(f)).

The Human Rights Council, its subsidiary bodies and special procedures should therefore take steps to ensure that they seek the participation and input of NHRIs directly and through the ICC/regional coordinating bodies into their activities and take advantage, where appropriate, of the role of NHRIs as a bridge between the international and national levels. The ICC will submit a Position Paper – Volume II on NHRI interaction with the Special Procedures and participation in the universal periodic review mechanism 1st August 2006 to form the basis for dialogue on future interactions with these mechanisms.

21. ANNEX 2 – DRAFT ICC HUMAN RIGHTS COUNCIL PAPER VOL. 2

This participation could include:

• Facilitating or implementing the recommendations adopted by the Council in relation to particular situations. This could be as part of giving effect to Council recommendations or as part of national capacity-building.

• Allowing NHRIs to present recommendations, suggestions and reports relating to the promotion and protection of human rights.

• Allowing NHRIs to comment on any reviews instigated by the Council of its procedures or effectiveness

• The Human Rights Council should consider establishing a mechanism which allows NHRIs to raise issues of special concern with the Council

NHRI interaction with the Special Procedures

• The Human Rights Council could encourage the Special Representative of the

Secretary-General on human rights defenders to interact closely with the ICC in relation to the protection of NHRIs and their members, in particular with regard to threats against them

• NHRIs could submit information to the Special Procedures on issues of special

concern • In the interaction between the Special Procedures and individual countries, the

NHRI could be encouraged to submit documentation on the relevant issues • In relation to country missions by the Special Procedures, NHRIs could be

included in the agenda and advised of the mission in a timely manner. • NHRIs could follow-up on the recommendations issued by the Special Procedures

• NHRIs could disseminate the reports and recommendations of the Special

Procedures through their public information activities

NHRI participation in the universal periodic review

• NHRIs could be given the right to comment on and contribute to the process of defining the universal periodic review mechanism so as to ensure that this new mechanism and other UN human rights mechanisms such as treaty monitoring bodies and Special Procedures are mutually reinforcing and coherent, including that practical reporting formats are developed

• NHRIs could provide information on the fulfilment by the States of its human

rights obligations, including follow-up by the States on previous

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recommendations of the Human Rights Council and other UN human rights mechanisms such as treaty monitoring bodies and Special Procedures. NHRIs could also be encouraged to comment on draft state reports.

• NHRIs could advise the States on follow-up to the recommendations of the

Human Rights Council and inform the Council of recommendations that have not been duly complied with

• NHRIs could have the right to present this information to the Human Rights

Council, including through a right to speak in the envisaged interactive dialogue with the country concerned.

• If country missions are to be undertaken in relation to the universal periodic

review, NHRIs could be included in the agenda and submit information on the fulfilment of human rights obligations.

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22. ANNEX 3 – APF LETTER TO THE ICC ON DRAFT VOL. 2

20 July 2006 Mr Morten Kjaerum Chairperson International Coordinating Committee 56 Strandgade 1401 Copenhagen DENMARK Via e-mail: [email protected] [email protected] Dear Mr Kjaerum Re. Status and Way Forward – the role of NHRIs in the Human Rights Council Further to your correspondence dated 7th July and Ms Garrido’s e-mail of 27th June, I am writing on behalf of the working group of the Asia Pacific Forum of National Human Rights Institutions (APF), which is comprised of the national human rights institutions (NHRIs) of Australia, India, Indonesia and the Philippines, regarding the participation of NHRIs in the Human Rights Council. The APF working group has considered Ms Garrido’s correspondence of 27th June in which she states that, due to concerns raised by the APF regarding the draft proposals on the role of NHRIs with the Council’s special procedures and universal review mechanism, the “ICC Working Group has decided to publish the present ICC Position Paper as a Volume I and to allow for 1 additional month of consultations in order to submit an ICC Position Paper Volume II on NHRIs and the Special Procedures and universal periodic review mechanism.” The correspondence then attaches a draft text of the proposed Volume II paper “developed by the ICC Working Group” for consideration and response by 1 August 2006. The APF working group has reviewed the draft volume II text and reaffirmed its view that the proposals regarding the role of NHRIs in the special procedures and universal periodic review require further discussion amongst the NHRIs of the Asia Pacific region and, indeed, the broader ICC. In line with this decision, this topic has been placed upon the agenda of the forthcoming 11th Annual Meeting of the APF, which will be held in Fiji from 31 July to 3 August 2006.

The APF working group has therefore requested that I advise you that due to the timing of our annual meeting and associated discussion of this issue, the APF will not be able to respond to the ICC proposals by 1 August 2006. The APF will, however, provide you with a written response to the proposals by Friday 15 September 2006. Please feel free to contact if you would like to discuss this matter further. Yours sincerely,

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Mr Kieren Fitzpatrick Director Asia Pacific Forum of National Human Rights Institutions cc: Chairpersons of the NHRIs of Australia, India Indonesia and the Philippines Ms Anne-Marie Garrido

23. ANNEX 4 – APF ANNUAL EVALUATION FORM

ANNUAL EVALUATION FORM

The purpose of this evaluation form is to collect information about the quality of the APF’s services and programs from APF member institutions and from other organisations and individuals. Please take the time to fill out this evaluation form. Your views are important to us as they will help us improve the quality of our work. The information obtained from this evaluation will also be used to provide feedback to our donors and to establish future APF projects. We therefore would appreciate you providing specific examples of what we did well and what we could improve upon. If some of the questions set out below are not relevant to you because you have not participated in a specific APF activity, please leave them blank. Finally, if you have any additional comments about the performance of the APF please write them in the space provided or feel free to submit additional information to the APF. Organisation: please tick the appropriate box APF Member Government NGO United Nations Donor Other I E 1 Q P Vo P P P V Sc

f ‘Other’, please pr

valuation Scale:

= Poor

uestion 1:

lease rate the foll

alue of the Annuarganisation

rogram format

resenters and fac

apers and other c

enues and facilitie

ecretariat’s organommunications

ovide details: ____

2 = Satisfactor

Annual Meetin

owing aspects of th

l Meetings to your

ilitators

onference materia

s

isation and

19

_________

y 3 =

gs

e Annual M

P

ls

5

__________________

Good

eetings (please circle)

oor Satisfactory1 2

1 2

1 2

1 2

1 2

1 2

__________

4 =

:

Good 3

3

3

3

3

3

__

Excellent

Excellent 4

4

4

4

4

4

Comments (note – please provide specific examples of what we did well or things we could improve upon) Question 2: General Advisory Services Please rate the following aspects of the APF’s General Advisory Services (please circle): Poor Satisfactory Good Excellent Advice on the nature and status of national human rights institutions (NHRIs)

1 2 3 4

Detailed legislative drafting and legal advice

1 2 3 4

Operational issues for NHRIs: organisational structure and procedures

1 2 3 4

Information about NHRI ‘best practice’ models

1 2 3 4

Provision of specific advice

1 2 3 4

Comments (note – please provide specific examples of what we did well or things we could improve upon)

196

Question 3: Advisory Council of Jurists Please rate the following aspects of the Advisory Council of Jurists (please circle): Poor Satisfactory Good Excellent Value and importance of the Advisory Council of Jurists to your organisation

1 2 3 4

Value and relevance of previous references to your organisation (death penalty, child pornography, trafficking)

1 2 3 4

Quality of Background Papers

1 2 3 4

Quality of follow-up information

1 2 3 4

Communications with APF Secretariat

1 2 3 4

Comments (note – please provide specific examples of what we did well or things we could improve upon) Question 4: Information and Promotion Poor Satisfactory Good Excellent Value and relevance of the information on the APF website to your organisation

1 2 3 4

Accuracy of the information on the APF website about your organisation

1 2 3 4

Accessibility of the information on the APF website

1 2 3 4

Value and relevance of the Forum Bulletin to your organisation?

1 2 3 4

Value and relevance of the Donor Update to your organisation?

1 2 3 4


197

Question 5: International Law Development Please rate the value and importance to your institution of the role played by the APF in the following international law development activities (please circle): Poor Satisfactory Good Excellent UN Commission on Human Rights (Geneva)

1 2 3 4

UN Asia Pacific Regional Workshops

1 2 3 4

International Coordinating Committee (ICC)

1 2 3 4

UN Convention on the Rights of Persons with Disabilities - various meetings

1 2 3 4

Comments (note – please provide specific examples of what we did well or things we could improve upon) Question 6: Training If your organisation has participated in any of the APF’s training activities (including: thematic regional workshops; investigations techniques training; and regional staff placements) please rate the following aspects of these activities (please circle) Poor Satisfactory Good ExcellentValue and importance of these activities to your organisation

1 2 3 4

Benefit to the skills of the participating staff

1 2 3 4


1 2 3 4


1 2 3 4


198

Question 7: Capacity Building Projects If your organisation has been involved in any of the APF’s capacity building projects (including trafficking; and internally displaced persons) please rate the following aspects of these projects (please circle) Poor Satisfactory Good ExcellentValue and importance of the project to your organisation

1 2 3 4

Benefit to the skills of the participating staff member

1 2 3 4


1 2 3 4


1 2 3 4

Comments (note – please provide specific examples of what we did well or things we could improve upon) Question 8: Strategic Management Please rate the following aspects of the APF’s strategic management services (please circle): Poor Satisfactory Good ExcellentServicing the Chairperson, Forum Council and sub-committees

1 2 3 4

Identifying international issues and activities in accordance with the APF’s mission and vision

1 2 3 4

Completing all monitoring, evaluation and reporting requirements

1 2 3 4

Implementing a long term strategy to secure financial independence and organisational growth

1 2 3 4

Strengthening of APF’s governance and organisational structure

Professionalism of Secretariat staff

1 2 3 4

199

Comments: Question 9: Regional Cooperation The APF seeks to promote regional cooperation, coordination and networking among its members. Please rate the following aspects of the APF’s strategic management services (please circle): Poor Satisfactory Good ExcellentValue and relevance of regional cooperation to your organisation

1 2 3 4


1 2 3 4

Comments:

200

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