In the era of globalisation, nothing exists like 'individual in nature'. Rather everything has a global flavour and dimension. Human rights as a global phenomenon has already crossed the level of individual state concern and become a part of international customary law and an inter-state affair.
The situation of human rights in South Asia is very challenging due to geo-political situation, poverty, illiteracy, discrimination and denial of basic human rights to the marginalised and disadvantaged communities. The United Nations and other national, regional and international organisations have been raising serious concerns over human rights of South Asian countries such as disappearances, extra-judicial killings, impunity, suppression of freedom of expression, attacks on human rights defenders, civil society advocates and media.
The ratification of human rights treaties and their implementation in the South Asian countries are not satisfactory. Majority of the SAARC member-states are yet to ratify the Optional Protocol (OP) to the International Conventions on Civil and Political Rights (ICCPR) and the Convention on the Elimination of Discrimination against Women (CEDAW). Among the eight SAARC countries, only six have national human rights institutions. At the 11th summit in 2002, the SAARC for the first time raised its voice to make a human rights mechanism. Two years later, a 'Social Charter' was adopted with a number of commitments to strengthen economic, social and cultural rights. To ensure democracy, in 2011, the SAARC Charter on Democracy was adopted. Later, a Food Bank was created for ensuring food security during humanitarian crisis. Despite these developments, there is no regional human rights mechanism for the entire Asian region, unlike those existing in other parts of the world such as Europe, South East Asia, Latin America and Africa.
In such a reality, civil society groups have been working for establishment of regional institutions to promote a human rights mechanism in South Asia. Several governments in the region have also expressed their views in favour of regional human rights mechanisms. For instance, during the inaugural speech at the 16th SAARC Summit held in Bhutan on April 28-29, 2010, the president of the Maldives called upon the South Asian governments to consider establishment of a regional human rights body in the region.
In spite of many difficulties, It is possible to establish a SAARC human rights mechanism. This is because the regional bloc has its unique character with a large population, rich diversity and strong aspirations of the people to come together for a 'South Asian' identity. A common sub-regional human rights mechanism can bridge gaps and resolve the problems regarding human rights violation. Inspired by success stories of Europe, America, and Africa, a South Asian mechanism on human rights can promote human rights, democracy and good governance. In addition, human trafficking, climate change, child labour, kidnapping, enforced desertion, torture, refugee situation, arbitrary arrest, the problems of minority, insurgency, and poverty can be addressed effectively within the regional mechanism. Moreover, development of a regional human rights instrument could provide an impetus to the development of regional arrangements in another field of cooperation.
Despite various potentialities, establishment of an effective regional human rights mechanism in South Asia is still a matter of challenge. The conflicting issues at the South Asian regional level are still unsolved. These produce an atmosphere of instability and leave an adverse impact for human rights violation.
Secondly, the SAARC itself poses a problem. Bilateral issues cannot be discussed within the forum. There is no provision in the SAARC charter for establishing a human rights mechanism.
Thirdly, the South Asia governments have not taken human rights as their priority agenda and their efforts to address the current human rights violations are very slow. In most cases, the governments have also violated human rights as a tool to control opposite views as well as to secure the regime's interest. Due to slow progress in democratic good governance and human rights endeavours, the South Asian governments are not much willing or are not under much pressure to have a constructive dialogue among regional countries, civil societies and other stockholders to establish an effective regional human rights mechanism.
Finally, the vital question is what would be the guiding principles, the process of establishing the mechanism and how much the regional institution will be complementary with global human rights mechanism.
The relations at the political level need to be improved to have a human rights mechanism in South Asia. The member-states should not always stick to national interests, which can harm common interests at the cost of collective good governance and human rights.
Secondly, since democracy has a positive relation with human rights promotion, it is vital to institutionalise democracy all over the region. The member-states of the SAARC should be committed to respect all human rights under all circumstances by fostering a truly democratic culture.
Thirdly, the mechanism should overcome the lack of expertise and experience in human rights jurisprudence.
Fourthly, the mechanism should : (a) act independently of the government, (b) be an inter-governmental institution based on commitment of member governments/states; (c) be consistent with international human rights standards while providing 'value added' from the region; (d) respect existing national mechanisms; (e) should provide access to member governments and individuals to seek redress against the other member governments.
Finally, the established regional human rights mechanism should be autonomous. However, the sovereignty of each member-state should be respected at the same time.
There are many challenges to establish an effective regional mechanism like legal provision, effectiveness, political will, lack of political commitment, upholding of values of regional socio-cultural perspective, democratisation of South Asia, ensuring accountability and transparency in mechanism. In this context, working towards establishment of the regional mechanism in South Asia will be a long and difficult journey. But, there are enormous opportunities for cooperation and for working as a forum to protect human rights by establishment of a regional human rights mechanism. Effective regional integration is the precondition of such a human rights mechanism. So, a successful SAARC can only provide an effective regional human rights mechanism in South Asia.
The writer is a Research Officer at the Bangladesh Institute of Law and International Affairs (BILIA). [email protected]
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