A Joint Oral Statement to the 13th Session of the UN Human Rights Council from the Asian Forum for Human Rights and
Development (FORUM-ASIA), Asian Legal Resource Centre (ALRC) and International NGO Forum on Indonesian Development
(INFID)
ASIA: Oral statement by the ALRC and other NGOs on discrimination and violence on religious grounds
Thank you Mr. President. FORUM-ASIA, ALRC and INFID appreciate the reports of both Special Rapporteurs and their
insightful analysis on the need for preventive measures. The Special Rapporteur on freedom of religion or belief
highlighted early warning signals of discrimination and violence on the grounds or in the name of religion or belief,
and the Special Rapporteur on the situation of human rights defenders made an analogous discussion of long-term and
short-term triggers compromising the security and protection of human rights defenders.
We note with concern that one of the early warning signs of such discrimination and violence, specifically with regard
to State actors, is manifest in domestic legislation which are in contradiction to international human rights norms and
standards, even to their own constitutions in many cases. In this regard, we welcome the intervention made by the
Indonesian government this morning that the constitutionality of the Blasphemy Law of 1965 is being challenged at the
Constitutional Court, which is discriminatory and often used as a tool to target religious minorities. We urge other
States to follow the commitment of Indonesia to address these issues in the most democratic and inclusive manner, and to
seriously consider all the recommendations presented by the Special Rapporteur to serve as a guide in their review of
domestic legislation.
Mr. President, the Special Rapporteur on the situation of human rights defenders identified speaking overseas on the
human rights situation in their respective countries, as one of the short-term triggers leading to attacks against
defenders, including women human rights defenders. We are very much disturbed to see a news item regarding a list of Sri
Lankan human rights defenders and journalists, with each name having a corresponding ‘crime’ of being involved in
activism or journalism along with a ‘numerical rank’. Some persons included in the list have publicly addressed their
concerns over Sri Lanka’s human rights records at this Council and other international and national forums. As a result,
they have had to remain outside of the country for fear of reprisals. To date, we have not heard of a response from the
Sri Lankan government to this news item, despite two prominent defenders addressing a letter to the President of Sri
Lanka in this regard. Is the Special Rapporteur aware of this list? We would like to hear how she could address this and
other threats, intimidation and attacks on human rights defenders in Sri Lanka. In particular, is the Special Rapporteur
aware of serious current threats of arbitrary arrest of prominent defender J.C. Weliamuna, the Chairperson of
Transparency International Sri Lanka?
The Special Rapporteur also identified the election period as a time when defenders face heightened risks. Concepcion
Brizuela and Cynthia Oquendo, two lawyers and women human rights defenders, were among the 57 people brutally murdered
on 23 November 2009 in Maguindanao, Philippines. We believe that this massacre is another clear evidence of the culture
of impunity that has been pervading in the country for many years. Considering that certain countries in Asia will be
having elections in the coming months, we would appreciate if the Special Rapporteur could further elaborate her views
on how States should ensure the security and protection of defenders including women human rights defenders during this
very critical time.
Lastly, Mr. President, we urge those States which have yet to respond to the requests of country visits by the Special
Rapporteur - Sri Lanka and Philippines as well as China, India, Malaysia, Nepal, Singapore, among other countries, to
cooperate with the Special Rapporteur and allow her to effectively discharge her mandate.
Thank you, Mr. President.
ENDS