Last-Minute Wrangling on U.N. Death Penalty Moratorium Vote Thursday, Nov 8 2007 

by Thalif Deen

UNITED NATIONS, Nov 7 (IPS) – When the United Nations votes next week on a draft resolution calling for a moratorium on the death penalty, there will be more than a dozen non-committal member states who will neither vote for such a resolution nor against it.

They will either abstain or take the easy way out: absent themselves at voting time. Both “abstain” and “absent” are reflected on the U.N.’s vote counts.

“These may be the decisive votes on whether or not the resolution will be adopted by the majority of the 192 member states,” predicts one Third World diplomat.

But Yvonne Terlingen, head of Amnesty International’s U.N. Office, told IPS that, as of now, there are 75 member states which are co-sponsoring the draft resolution — and all of which are expected to vote for it.

But the opponents of the resolution are likely to undermine it by proposing several amendments – described by some as “wrecking amendments” – that will dilute its core content.

Fully conscious of this, Terlingen said: “We are urging all member states to support the text and resist any amendments that would seek to alter the purpose of this important resolution.”

Initially, the vote next week will be in the U.N.’s Social, Humanitarian and Cultural Committee (also called the Third Committee), which comprises all 192 member states.

The General Assembly, the U.N.’s highest policy-making body, will sit in plenary to vote on the resolution sometime in mid-December.

But as befits past traditions, the pattern of voting in the Assembly will generally remain the same as at the committee stage.

In 1971 and 1977, the General Assembly adopted two resolutions on capital punishment, which said it was “desirable” that the death penalty be abolished in all countries. But in 1999, a similar resolution was withdrawn before it could be put to a vote, primarily because of its divisiveness.

The opposition to the current resolution comes mostly from members of the Organisation of Islamic Countries (OIC), the League of Arab States, and also by China and some of the Caribbean and Asian countries, where capital punishment is still in the statute books. But the unknown factors are the abstainers and the absentees.

Since the resolution has been drafted and nurtured by the 27-member European Union (EU), it has been viewed mostly as a European initiative.

But Terlingen dismisses this notion by pointing out that the 75 co-sponsors demonstrate “broad regional support for ending this cruel and inhuman practice” of death penalty.

She said that 10 countries representing all regions in the world – Albania, Angola, Brazil, Croatia, Gabon, Mexico, New Zealand, the Philippines, Portugal (for the EU) and Timor Leste – co-authored the draft resolution.

Terlingen said that no fewer than 130 out of 192 member states have already abolished the death penalty in law or practice, and only 25 countries carried out executions in 2006.

Over 50 countries have abolished the death penalty for all crimes since 1990, she added.

In Asia, she pointed out, about 25 countries have abolished the death penalty in law or practice. In Africa, only six out of 53 states carried out executions in 2006.

“The worldwide trend towards abolition of the death penalty has been recognised by the U.N. secretary-general and the high commissioner for human rights and both support the call for the moratorium on executions,” she added.

“We hope that more countries will join the co-sponsors of this resolution,” said Terlingen.

The most vocal and articulate opposition to the current resolution comes from Singapore, which is a strong advocate of the death penalty and continues to enforce it as part of its criminal justice system.

Ambassador Vanu Gopala Menon of Singapore told IPS last week that the resolution will only “sour the atmosphere” at the United Nations and “cause unnecessary divisiveness in the house.”

“It is not clear to me what the EU hopes to gain with this resolution. It may give them a sense of moral satisfaction but it is not going to change the positions of countries that maintain that the death penalty serves to deter serious crimes,” he added. Menon also told the Third Committee last week that some in the EU have “disingenuously” suggested that a moratorium on executions is a “compromise”.

“It is not,” he said. “It is clear that the ultimate objective of a moratorium is abolition.”

“Whether the draft resolution is on a moratorium or the abolition of the death penalty, its goal is to impose the views and values of the sponsors on those who hold a different view,” he added.

Menon said the issue before is not really about the merits or demerits of the death penalty. In the absence of an international consensus, countries on either side of the argument have no right to impose their opinions, he argued.

“Every state has the sovereign right to choose its own political, economic, social and legal systems based on what is in their own best interests,” he declared.

LEAKED: Confidential ASEAN Charter Final Draft Thursday, Nov 8 2007 

‘Confidential’, of the draft ASEAN Charter which we present here, Prachatai, 7 Nov 2007

Prachatai has obtained a copy, marked ‘Confidential’, of the draft ASEAN Charter which we present here.

This document, which has been in the drafting process for 2 years, is supposedly for the benefit of the citizens of all ASEAN countries. Yet public participation in drafting the charter has been virtually zero and the plan is for the document to remain secret until it is signed into force by all member countries at the ASEAN summit in Singapore on 20 November.

The draft charter has been submitted today to the [Thailand] National Legislative Assembly, in accordance with Article 190 of the 2007 Constitution which requires that all foreign treaties receive parliamentary approval. It is highly unusual for a parliament in a democracy to deliberate on a document that is a secret to its own people.

The draft charter is the work primarily of a high-level task force, compromising one representative from each ASEAN member state. The draft was reviewed by an eminent persons group, which sought very limited input at a meeting in Manila in March. At this meeting, representatives of the media and civil society were expected to comment on a draft which they had not been shown. A summary in Thai was leaked early in October by unattributed sources in the Thai government.

Attempts by civil society in other ASEAN countries (and members such as Lao and Burma allow no civil society) to obtain copies of the draft charter and to initiate public debate have been met with an almost impregnable wall of secrecy.

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Pseudonymity: Click HERE to view the document in PDF. File size is about 6MB.

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ASEAN Charter leaked – reference to human rights body vague, SDP, 7 Nov 07

The closely guarded ASEAN Charter has apparently been leaked with the document being widely posted on the Internet.

The Charter which has been in the planning for the past two years is supposed to be a document for the benefit of the people in ASEAN. However, the process has been kept a secret and the people have had no say in the drafting of the document.

What is not a secret is that the Charter is established to give ASEAN a legal status on which trade deals can be based.

The “confidential” final draft contains a total of 13 chapters and 55 articles outlining various provisions ranging from organisation’s registration to dispute settlement to the various functions of its sub-groups.

Article 36 even specifies the Association’s motto: “One Vision, One Identity, One Community.” There will also be an ASEAN anthem.

If the leaked document is what ASEAN is going to sign during the summit in Singapore on 20 Nov 07, then there is little to cheer for human rights.

While the Preamble waxes lyrical about human rights – declaring that the group adheres to “the principles of democracy, rule of law and good governance, respect for and protection of human rights and fundamental freedoms” – there is precious little about how this is going to be carried out.

There are only two paragraphs contained in Article 14 of the Charter entitled “ASEAN Human Rights Body”. One of the paragraphs states that ASEAN “shall establish an ASEAN human rights body.” (See below)

No time line was given and no information of the nature of the body was provided except that it will operate “in accordance with the terms of reference” that will be determined by the ASEAN governments.

Not unexpectedly, ASEAN has deliberately kept the language vague and general to the point of it being quite devoid of meaning.

To be sure ASEAN consists of a few oppressive governments that will not allow a regional human rights body to interfere with their work.

It is therefore important for human rights defenders in the region and all over the world to continue to press ASEAN for concrete action instead of paying lip-service on the subject.

For a start, the Singapore Democrats call on ASEAN to:

i. Make a commitment to establish a human rights commission within the next two years,

ii. Ensure that the terms of reference for such a commission adheres to the principles of the UN’s Universal Declaration of Human Rights,

iii. Provide the commission the necessary powers to investigate complaints of human rights violations by ASEAN governments and to enforce the rules laid down by the commission.

ASEAN Charter, Article 14
ASEAN HUMAN RIGHTS BODY

1. In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body.

2. This ASEAN human rights body shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting.