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

ensure the resolution of past cases of enforced disappearances in the Member-States and to guilantee

preventiorr and non-repetition. And for this reason, it is important that the ASEAN Declmation on Human Rights makes reference to this intemational crime and qells out the obligations of States to prwent 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 further delay the Convention and to recognize the competence of the newly established Comminee on Enforced 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 fruitful dialogue with the AICHR as it continues to respond to the human rights situation in Southeast Asia.
Thank you very much. Respectfully yours,

THE COT]NCIL ASIAI{ FEDERATION AGAINST IIWOLT]NT ON GAINST II{VOLT]NTARI YANTO

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MARY AILTEN D. BACALSO
Secretary General Treasurer

SHARMA

ADILUR RAHMAN KHAN Odhikar- Bangladesh

Association of Parents of the Disa

.redr(APDP)
o

Kashmir, India

Indonesian Association of Families of th Disappeared (IKOHI)

Indonesia

y:-YATI ANDRIYANI
Commission forthe Dsappeared Victims of Violence (KontraS)

JANAK BAHADTIRRAUT Conflict Victims' Society of Justice (CVSJ) -Nepal

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Indonesia

SAA"r*r A* AMBAR BAHADUR RAUT

Afvoqpci\o\pplNepal

Families of the Disappeared (FOD)

Sri Lanka

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BOONTHAN VERAWONGSE Relatives Committee of May 1992 Heroes - Thailand