YLDA Workshop “Political Rights & Asian Youth” Taipei, Taiwan (22-25 August 2005)
Learning from Political Rights Campaigns Amnesty International
1 – A Case Study
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
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.
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?
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.
Learning from Political Rights Campaigns Amnesty International
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!
Learning from Political Rights Campaigns Amnesty International
International Covenant on Civil and Political Rights (1976)
http://www.unhchr.ch/tbs/doc.nsf/(symbol)/CCPR+General+comm ent+25.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.
Learning from Political Rights Campaigns Amnesty International
Universality vs. Asian values Vienna Declaration and programme of action (1993) – “All human rights are universal, indivisible, interdependent 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.
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;
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
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
Learning from Political Rights Campaigns Amnesty International
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
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
AI’s 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 illtreatment during the initial 60-days detention period (often incommunicado) under the ISA. Amnesty‟s position (and the universality of human rights) has been consistently & robustly attacked by critics such as Dr. Mahathir Mohamad and Lee Kwan Yew.
Learning from Political Rights Campaigns Amnesty International
Campaign against restrictive laws (2003) Country team at AI‟s 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‟
Learning from Political Rights Campaigns Amnesty International
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 2 nd 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.
Learning from Political Rights Campaigns Amnesty International
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
Learning from Political Rights Campaigns Amnesty International
Developing our plans
Project proposal drafted by IS team and sent for consultation
Proposal finalized
Level of engagement of activists established Creates „buy-in‟ and ownership Allows individual tailoring to expertise and situation Creates „brain trust‟ Accountability
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
Learning from Political Rights Campaigns Amnesty International
Created simple e-mail list
Encourage vertical as well as horizontal communications
Sharing of campaign materials
Solidarity
Asynchronized communication over distance and timezones Storing of information for evaluation
Learning from Political Rights Campaigns Amnesty International
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)
Translation of 1999 report into Bahasa Malay (2003) Right to Trial information card (2003)
AI Malaysia produced materials
Learning from Political Rights Campaigns Amnesty International
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.
Learning from Political Rights Campaigns Amnesty International
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)
Learning from Political Rights Campaigns Amnesty International
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
Learning from Political Rights Campaigns Amnesty International
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
Learning from Political Rights Campaigns Amnesty International
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 Schroeder‟s visit to Malaysia
Public postcard campaign Literary festival & public exhibitions
Learning from Political Rights Campaigns Amnesty International
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.
Learning from Political Rights Campaigns Amnesty International
Evaluation
Both internal and external objectives achieved AI‟s 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
Learning from Political Rights Campaigns Amnesty International
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.