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Asian Federation Against Involuntary Disappearances Rms. 310311 Philippine Social Science Center Building Commnnwe'lth Avenue, Diliman" 1103 Quezon City Philippines Telefa* ffi4324!t45l759 Telephone Number fiH32427t15!X Mobile fi){3-9177924058 Email afad@surfshop net.ph website www.afad-online.org November 26,2011 Bangkok, Thailand MR RAFENDI DJAMIN Chairperson ASEAN Intergovernmental Commission on Human Rights Iakarta, Indonesia DearMr. Chairperson, Warm greetings! The Asian Federation Against Involuntary Disappearances (AFAD), a regional federation of human rights organizations working directly on the issue enforced disappearances from Bangladesh, India, Indonesia, Nepal, Philippines, Sri Lanka, Thailand, Timor-Leste would like to congrat rlate yo,t for yotn great contribution to the protection of human rights in the region. Our Federation is also the Focal Point of the International Coalition Against Enforced Disappearances (CAED), which is a global coalition of 40 member-organizations campaigning for the ratification of the International Convention for the Protection of All Persons from Enforced Disappearances (the Convention). As we are concluding our 2011 Council meeting, we deem it appropriate to address you with regard to the scourge of enforced disappearances in our region. As we all know, such violations continue to take place tluoughout the continent affecting thousands of people and their families. As underlined by the UN Working Group on Enforced or Involuntary Disappearances in its last annual report, Asia has submitted the highest number of cases. The establishment of the ASEAN Intergovernmental Commission on Human Rights (AICHR) is a much-awaited development to which we watch with optimism and from which we expect sound support in the prevention and suppression of enforced disappearances. In this sense, the AFAD salls on the AICHR to refer to the practice of enforced disappearance in the ASEAN Declaration on Human Rights, higtrlighting that it is one of the worst forms of human rights violations. As stated by the 1992 UN Declaration for the Protection of All Persons from Enforced Disappearance, it is a grave and flagrant violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights which inflicts severe suffering on victims and their families. It constitutes a violation of the rules of intemational law guaranteeing, among others, the right to recognition as a person before the law, the right to liberf and security of the person and the right not to be subjected to torture and other cruel, inhuman or degrading heatnent or punishment. It also violates or constitutes a grave threat to the right to life. In fact, the recently entered into force Convention aftms the nonderogable right of all persons not to be subjected to enforced disappearance s. Enforced disappearances persist in many Asian countries and families of victims are in a situation between hope and despair. Hence, we call on AICHR to take the necessary measures to
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AFAD Letter to AICHR: Signing and Ratification of ICPAPED of ASEAN states

Dec 01, 2014

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Page 1: AFAD Letter to AICHR: Signing and Ratification of ICPAPED of ASEAN states

Asian Federation Against Involuntary DisappearancesRms. 310311 Philippine Social Science Center BuildingCommnnwe'lth Avenue, Diliman" 1103 Quezon City PhilippinesTelefa* ffi4324!t45l759 Telephone Number fiH32427t15!X Mobile fi){3-9177924058Email afad@surfshop net.ph website www.afad-online.org

November 26,2011Bangkok, Thailand

MR RAFENDI DJAMINChairpersonASEAN Intergovernmental Commission on Human RightsIakarta, Indonesia

DearMr. Chairperson,

Warm greetings!

The Asian Federation Against Involuntary Disappearances (AFAD), a regional federation ofhuman rights organizations working directly on the issue enforced disappearances from Bangladesh,India, Indonesia, Nepal, Philippines, Sri Lanka, Thailand, Timor-Leste would like to congrat rlate yo,tfor yotn great contribution to the protection of human rights in the region. Our Federation is also theFocal Point of the International Coalition Against Enforced Disappearances (CAED), which is aglobal coalition of 40 member-organizations campaigning for the ratification of the InternationalConvention for the Protection of All Persons from Enforced Disappearances (the Convention). As weare concluding our 2011 Council meeting, we deem it appropriate to address you with regard to thescourge of enforced disappearances in our region. As we all know, such violations continue to takeplace tluoughout the continent affecting thousands of people and their families. As underlined by theUN Working Group on Enforced or Involuntary Disappearances in its last annual report, Asia hassubmitted the highest number of cases.

The establishment of the ASEAN Intergovernmental Commission on Human Rights(AICHR) is a much-awaited development to which we watch with optimism and from which weexpect sound support in the prevention and suppression of enforced disappearances. In this sense, theAFAD salls on the AICHR to refer to the practice of enforced disappearance in the ASEANDeclaration on Human Rights, higtrlighting that it is one of the worst forms of human rightsviolations. As stated by the 1992 UN Declaration for the Protection of All Persons from EnforcedDisappearance, it is a grave and flagrant violation of the human rights and fundamental freedomsproclaimed in the Universal Declaration of Human Rights which inflicts severe suffering on victimsand their families. It constitutes a violation of the rules of intemational law guaranteeing, amongothers, the right to recognition as a person before the law, the right to liberf and security of theperson and the right not to be subjected to torture and other cruel, inhuman or degrading heatnent orpunishment. It also violates or constitutes a grave threat to the right to life. In fact, the recentlyentered into force Convention aftms the nonderogable right of all persons not to be subjected toenforced disappearance s.

Enforced disappearances persist in many Asian countries and families of victims are in asituation between hope and despair. Hence, we call on AICHR to take the necessary measures to

Page 2: AFAD Letter to AICHR: Signing and Ratification of ICPAPED of ASEAN states

ensure the resolution of past cases of enforced disappearances in the Member-States and to guilanteepreventiorr and non-repetition. And for this reason, it is important that the ASEAN Declmation onHuman Rights makes reference to this intemational crime and qells out the obligations of States toprwent and eradicate this practice, guaranteeing to tlrc victims the right to justice and redress.

We would also like to urge you to call on ASEAN States Parties to rati$' without furtherdelay the Convention and to recognize the competence of the newly established Comminee onEnforced Disappearances (CED) to receive and examine individual and inter-state communications.

Finally, we look forward to an active engagement with you through a consfiuctive and fruitfuldialogue with the AICHR as it continues to respond to the human rights situation in Southeast Asia.

Thank you very much.

Respectfully yours,

THE COT]NCILGAINST IIWOLT]NTON AGAINST II{VOLT]NTARI

- |X*,/A"I-^$4*MARY AILTEN D. BACALSO SHARMASecretary General Treasurer

ASIAI{ FEDERATION

YANTO

ADILUR RAHMAN KHANOdhikar- Bangladesh

Association of Parents of the Disa .redr(APDP) - Kashmir, Indiao

Indonesian Association of Families of th Disappeared (IKOHI) - Indonesia

Commission forthe Dsappeared Victims of Violence (KontraS) - Indonesia

@-JANAK BAHADTIRRAUT

Conflict Victims' Society of Justice (CVSJ) -Nepal

SAA"r*r A*AMBAR BAHADUR RAUT

Afvoqpci\o\pplNepal

Families of the Disappeared (FOD) - Sri Lanka

-E*BOONTHAN VERAWONGSE

Relatives Committee of May 1992 Heroes - Thailand

y:--YATI ANDRIYANI