YLDA Workshop Political Rights

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YLDA WorkshopPolitical Rights Asian
YouthTaipei, Taiwan (22-25 August
2005)Learning from Political Rights Campaigns
Amnesty International1 A Case Study
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Learning from Political Rights Campaigns Amnesty
International

• 1- Introduction
• a) Session outline
• Objectives
• Introduction on civil and political rights
• Case study on campaign for repeal/reform of the
  Internal Security Act (ISA)
• Discussion

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Learning from Political Rights Campaigns Amnesty
International

• b) Objectives
• YLDA Workshop objective 2 Participants are
  informed about best practices in political
  campaigns and know how to implement them in the
  crafting of their own political campaign at a
  regional and/or international level.
• You what you want from this session?
• Me To demonstrate best campaigning best
  practice through presentation of a case study to
  learn from you about the campaigning reality on
  the ground in your countries.

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Learning from Political Rights Campaigns Amnesty
International

• c) Background on civil and political rights
• What are they?
• Why do we need/want them? What do they do?
• Where can we find internationally recognized
  standards?

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Learning from Political Rights Campaigns Amnesty
International

• What they are
• Right to life
• To be free from torture/inhuman or degrading
  treatment
• Free from slavery or servitude
• Right to liberty (not subject to arbitrary arrest
  or detention)
• Freedom of movement (within country, to
  enter/exit country freely)
• Equality before the law - impartial public
  hearing/presumption of innocence
• Right to privacy
• Freedom of thought, conscience religion
• Freedom of expression
• Right of peaceful assembly
• Freedom of association (including to form trade
  unions)
• Right to marry/family life
• Take part in public affairs, vote, be
  elected/periodic elections/universal
  suffrage/secret ballot
• No discrimination on basis of race, sex,
  political view, gender, ethnicity or religion.

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Learning from Political Rights Campaigns Amnesty
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• Why we need/want them? What do they do?
• Give us inherent rights and responsibilities that
  protect and enhance our lives and the societies
  we live in.
• Act as checks and balances, particularly to those
  in positions of power.
• Work as a self-supporting frame work are thus
  indivisible and inter-dependent.
• NOTE They are not there to be used as a partisan
  tool to further the cause of one or more
  political parties!

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Learning from Political Rights Campaigns Amnesty
International

• International Covenant on Civil and Political
  Rights (1976)
• http//www.unhchr.ch/tbs/doc.nsf/(symbol)/CCPRGen
  eralcomment25.En?OpenDocument
• Article 25
• Every citizen shall have the right and the
  opportunity, without any of the distinctions
  mentioned in article 2 and without unreasonable
  restrictions (a) To take part in the conduct of
  public affairs, directly or through freely chosen
  representatives
• (b) To vote and to be elected at genuine periodic
  elections which shall be by universal and equal
  suffrage and shall be held by secret ballot,
  guaranteeing the free expression of the will of
  the electors
• Article 26
• All persons are equal before the law and are
  entitled without any discrimination to the equal
  protection of the law. In this respect, the law
  shall prohibit any discrimination and guarantee
  to all persons equal and effective protection
  against discrimination on any ground such as
  race, colour, sex, language, religion, political
  or other opinion, national or social origin,
  property, birth or other status.

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Learning from Political Rights Campaigns Amnesty
International

• Universality vs. Asian values
• Vienna Declaration and programme of action (1993)
  All human rights are universal, indivisible,
  inter-dependent and inter-related.
• Bangkok Declaration on human rights (1993) -
  emphasized prominence of national sovereignty,
  and that national interest supersedes human
  rights.
• NGO Bangkok Declaration on human rights (1993)
  emphasized universality and precedence of human
  rights.
• NGO inspired Asian Human Rights Charter (1998)
  again emphasized human rights taking precedence
  over state sovereignty.

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Learning from Political Rights Campaigns Amnesty
International

• 2 Case study
• Case study - Campaign for repeal/reform of
  restrictive laws in Malaysia
• Political context
• Parliamentary democracy
• Malaysian constitution (1957) enshrined
  fundamental human rights, but has been undermined
  by qualifications and amendments.
• Balancing interests in a multi-ethnic
  multi-religious developing nation
• Restrictive laws An array of laws that are not
  consistent with international human rights law

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Learning from Political Rights Campaigns Amnesty
International

• Restrictive laws
• Detention without trial
• Internal Security Act (ISA)
• The Emergency (Public Order and Prevention of
  Crime) Ordinance
• The Dangerous Drugs Act
• Restricting Rights to Fair Trial Freedom of
  Movement
• The Essential (Security Case) Regulations
• Restricted Residence Act
• Restricting Freedom of Expression
• The Sedition Act
• The Printing Presses Publications Act
• The Official Secrets Act

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Learning from Political Rights Campaigns Amnesty
International

• Restricting Freedom of Association
• The Societies Act
• The Universities University Colleges Act
• The Trade Unions Act
• Restricting Freedom of Assembly and Peaceful
  Protest
• The Police Act
• The Penal Code
• Restricting the Right of Non-Discrimination and
  Right to Privacy
• Section 377 of the Penal Code

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Learning from Political Rights Campaigns Amnesty
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• Preceding political economic events
• 1997-98 Asian Financial Crisis
• May 1998 - Reformasi movement in Indonesia brings
  resignation of Suharto
• July 1998 - leadership challenge by Anwar Ibrahim
  grows
• 20 September 1998 Anwar Ibrahim arrested under
  ISA
• Anwar convicted after an unfair trial
• April 2001 ten reformasi activists arrested
  under ISA

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Learning from Political Rights Campaigns Amnesty
International

• Planning
• Resources
• 2.5 staff at the IS working on Malaysia (plus
  Philippines, Singapore and Brunei).
• 3 staff at AI Malaysia office plus 500 members.
• 10 Malaysia country coordinators (pt volunteers)
• No dedicated budget for campaign materials at IS
• AIs history of work on Malaysia
• Amnesty has worked for the repeal/reform of the
  ISA (and other restrictive laws in Malaysia) for
  decades.
• In 1999 produced a comprehensive report on
  restrictive laws Malaysia Human Rights
  Undermined Restrictive Laws in a Parliamentary
  Democracy (AI Index ASA 28/06/99)
• Amnesty particularly highlighted the use of
  torture and/or ill-treatment during the initial
  60-days detention period (often incommunicado)
  under the ISA.
• Amnestys position (and the universality of human
  rights) has been consistently robustly attacked
  by critics such as Dr. Mahathir Mohamad and Lee
  Kwan Yew.

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Learning from Political Rights Campaigns Amnesty
International

• Campaign against restrictive laws (2003)
• Country team at AIs International Secretariat
  identifies restrictive laws as focus of work on
  Malaysia.
• Situation analysis completed
• Two year strategy proposal produced (mid-2002)
• Consultation on strategy with human rights NGO
  partners in Malaysia confirms need to expand
  focus beyond ISA to take in other lesser known
  restrictive laws.
• Trip to consult with NGO partners in mid-2002
• Consultation with Amnesty activists on how to
  plan a campaign on restrictive laws.
• Coordinators meeting held in Stuttgart at end of
  2002
• Consultation with AI Malaysia on integrating our
  work on restrictive laws with theirs including
  division of responsibilities.
• Trip to consult with AI Malaysia in mid-2002.
• Malaysia strategy finalized January 2003
• Decision to start campaign with ISA as
  emblematic law

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Learning from Political Rights Campaigns Amnesty
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• Pilot project -Campaign to free 5 ISA detainees
  (January to June 2003)
• Background
• April 2001 ten reformasi activists arrested under
  ISA days before a planned demonstration to mark
  2nd anniversary of the sentencing of Anwar
  Ibrahim.
• AI issues a series of Urgent Actions based on
  fear of torture/ill-treatment, declaring them all
  POCs and calling for them to be charged and tried
  or released.
• Government alleges ten were planning to over
  throw the government using violence, no evidence
  produced.
• Five released before end of 60-day detention
  order expires.
• Five handed down two-year detention orders.
• AI issues a Medical Action on behalf of detainees
  after them go on hunger strike and are denied
  adequate health care.

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Learning from Political Rights Campaigns Amnesty
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• Aims objectives of campaign against restrictive
  laws in Malaysia ISA phase
• Aim (external) The repeal or reform of ISA
• Aim (internal) Increase impact of work by
  changing the way we campaign
• Objective (external 6 months) Release of five
  ISA detainees
• Objective (internal 6 months) Develop and
  evaluate project as new way of campaigning

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Learning from Political Rights Campaigns Amnesty
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• Developing our plans
• Project proposal drafted by IS team and sent for
  consultation
• Level of engagement of activists established
• Creates buy-in and ownership
• Allows individual tailoring to expertise and
  situation
• Creates brain trust
• Accountability
• Proposal finalized
• Responsibilities and task identified
• Level of participation established
• Production of campaigning materials confirmed
• Time line and key dates established
• Planning Jan-April 2003
• Action April-June 2003
• Evaluation August 2003

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Learning from Political Rights Campaigns Amnesty
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• Created simple e-mail list
• Encourage vertical as well as horizontal
  communications
• Sharing of campaign materials
• Solidarity
• Asynchronized communication over distance and
  time-zones
• Storing of information for evaluation

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Learning from Political Rights Campaigns Amnesty
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• Campaigning materials
• IS produced materials
• Case sheets for ISA detainees (March 2003)
• Action sheet on ISA detainees (March 2003)
• Public information sheet on ISA (March 2003)
• EU lobbying document (April 2003)
• Model letters and Malaysian parliamentarian list
  (April 2003)
• Web action (May 2003)
• AI Malaysia produced materials
• Translation of 1999 report into Bahasa Malay
  (2003)
• Right to Trial information card (2003)

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Learning from Political Rights Campaigns Amnesty
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• Malaysia coordinators produced materials
• Translation of IS campaigning materials into
  local languages
• E.g. AI France translated ISA Information
  Resource into French and shared with French
  speaking activists in Canada
• Case sheets converted into public documents
• E.g. AI Hong Kong produce fact sheets in Chinese
  to distribute at public events
• Information resource made into leaflet
• E.g. AI Germany create leaflet to distribute to
  parliamentarians in Malaysia.

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Learning from Political Rights Campaigns Amnesty
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• Action
• Letter writing targeting politicians
• Members of parliament or Member of European
  Parliament (home country)
• ?
• Minister of Foreign Affairs (home country)
• ?
• Malaysian Human Rights Commission (Suhakam)
• Political parties in Barisan Nasional (Malaysia)
• Specifically targeted Parti Gerakan Rakyat
  Malaysia (Gerakan)
• ?
• Minister of Home Affairs (Malaysia)
• Prime Minister (Malaysia)

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Learning from Political Rights Campaigns Amnesty
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• Letter writing in support of detainees
• Five detainees in Kamunting detention centre
• Families of the detainees
• Coalition building
• Working with other organizations
• Exploit connections to detainees or Malaysia
• E.g. religious groups, journalist organizations,
  labour rights groups, anti-security legislation
  campaigns.
• Tourist industry

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Learning from Political Rights Campaigns Amnesty
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• Lobbying activities
• Visits to Ministry of Foreign Affairs (home
  country)
• E.g. AI Germany conducted government lobbying
  activities in conjunction with representatives
  from Suaram (Malaysian human rights organization)
• E.g. IS Malaysia team met with FCO officials
  working on Malaysia in conjunction with AI UK

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Learning from Political Rights Campaigns Amnesty
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• Other activities
• Media work
• E.g. Making link between human rights and
  business
• E.g. Using hook of PM Mahathir chairing G8 Summit
  in May 2003
• E.g. Using hook of PM Schroeders visit to
  Malaysia
• Public postcard campaign
• Literary festival public exhibitions

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Learning from Political Rights Campaigns Amnesty
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• Outcome
• Five ISA detainees released in June 2004
• Two year detention orders not renewed and
  released without restrictions
• Malaysia Human Rights Commission produces review
  of ISA with recommendations for reform
• Detention of alleged Islamic militants accused
  of terrorist activities continues
• Up to 100 people held with little public outcry.

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Learning from Political Rights Campaigns Amnesty
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• Evaluation
• Both internal and external objectives achieved
• AIs contributing to external objective difficult
  to quantify
• Increased inclusive planning process seen as
  positive by participant
• Increased level of commitment not sustainable
  over long periods
• Longer needed for consultation and planning
• Not enough resources available (particularly
  money) for materials
• Media coverage in two international outlet and
  two local
• Web action receives over 5000 hits in two months
• EU makes representation on behalf of detainees to
  Malaysian Minister of Foreign Affairs
• Intranet or database to post materials and have
  archives would have been useful
• Good communications were established
• NGOs and activists in Malaysia thought AI managed
  to internationalize the issue
• Many organizations around the world involved
• No formal coordination of activities
• Materials liked by participants
• Simple and easily adaptable allowing for
  flexibility
• Public document (Information Resource)
  particularly useful in explaining ISA
• Model letters useful but produced too late for
  some to use

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Learning from Political Rights Campaigns Amnesty
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• Discussion
• Comments
• Transferability?
• Differences between campaigning against negative
  violation of rights than positive realization of
  rights
• E.g. Arrest for being member of political party
  vs. legislation legalizing all political parties.
• Questions
• Work of international human rights organization
  vs. national political party
• E.g. Perceived bias or partisan nature of
  campaign dangers/risks access to
  media/politicians overseas etc.