ADDRESSING THE ECONOMIC, SOCIAL AND CULTURAL ROOTCAUSES OF

TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADINGTREATMENT OR PUNISHMENT

(Manila,30 October 2009)

WE, theundersigned participants from several non-governmental organizations andnational human rights institutions based in the Asian Region attending theAsian Regional Seminar on Addressing the Economic, Social and Cultural RootCauses of Torture and Other Forms of Violence, organized by the WorldOrganization Against Torture (OMCT) and the Philippines Alliance of HumanRights Advocates (PAHRA) in co-operation with the Commission on Human Rights ofthe Philippines (CHRP) in Manila, the Philippines, from 26 to 30 October 2009,

(i) Acknowledge fully theinterconnectedness that exists between violations of economic, social andcultural rights and the persistence of torture and other forms of violence inall countries of the Asian region based on our first-hand investigations andanalysis of prevailing situations, including their origins, manifestations andimpact and taking into account, in particular, national policies related toeconomic development and natural resources management and their environmentalconsequences,

(ii) Recognize that torture and other formsof violence inflicted on people –including women, men, children, youth,indigenous peoples, Dalits and all categories of minorities, migrant workers,the disabled and the aged, and their family members and communities as a whole– as they seek the full enjoyment of their economic, social and culturalrights, have serious physical, psychological and other consequences, includingthe destruction of their living and livelihood,

(iii) Call for concerted action at alllevels in active collaboration with other non-governmental organizations andpartners, to identify and act upon the root causes of torture, cruel, inhumanor degrading treatment and punishment, and to remain focused on urgently neededremedies,

(iv) Strongly affirm the urgency of variousforms of coherent and collective action at the local, national, sub-regional,regional and international levels by all concerned actors, rooted inestablished human rights norms and standards, with appropriate political,diplomatic, legislative, administrative and judicial measures throughout theregion,

(v) Strongly emphasize that torture andother cruel, inhuman or degrading treatment or punishment is absolutelyprohibited in all circumstances by international law and that respect for thisprohibition is fundamental to the full enjoyment of all human rights by all,

(vi) Condemn the current practices ofcertain States in the Asian region and elsewhere that seek to legitimize theuse of torture and other forms of violence on various grounds and thatseriously undermine our continued commitment to the full realization of allrights, and in particular economic, social and cultural rights,

(vii) Strongly urge all States in the Asianregion to immediately stop all such unacceptable practices, namely torture andother forms of violence including the use of disproportionate force againstthose individuals and groups who demand the promotion and protection of theireconomic, social and cultural rights,

(viii) Call upon all States in the Asianregion to ratify the Convention Against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment and its Optional Protocol if they have notdone so yet, and to give due effect to that Convention and its OptionalProtocol in the domestic legal order without selective application, therebyenhancing its effectiveness in combating impunity,

(ix) Commend those States in the Asianregion that have ratified the Convention Against Torture and its OptionalProtocol, and encourage them to undertake relevant measures, includinginstitutional arrangements, to identify, prosecute and punish those guilty,either directly or indirectly, of torture and other forms of violence, whilefulfilling their obligations towards victims’ rights to reparation, restitutionand compensation,

(x) Appeal to all States to establisheffective preventive measures to ensure that torture and other forms of violence do not occur,

(xi) Call upon national human rightsinstitutions and non-governmental organizations to create early warning systemstowards the active prevention of torture and other forms of violence,

(xii) Remind all international financialinstitutions and multilateral institutions of their shared responsibilitytowards the promotion and protection of all human rights through human rightsimpact assessments, while providing both financial and other forms ofassistance to the States and their partners in the Asian region,

(xiii) Call upon all donor States and theiragencies, in relation to States in the Asian region seeking financial or otherforms of assistance, to take into consideration any clear evidence of severeand widespread practices of torture and other cruel, inhuman or degradingtreatment or punishment,

(xiv) Recognize the pivotal role of nationalinstitutions, including national human rights institutions, in taking stepstowards ending torture and other forms of violence, including handlingcomplaints concerning torture and other forms of violence, and taking steps toensure remedial justice for victims,

(xv) Appreciate the timely initiatives ofthe Asia-Pacific Forum of National Human Rights Institutions as a unique formof regional human rights mechanism that brings together all existing nationalhuman rights institutions (NHRIs) within the Asia-Pacific region, and inparticular the Terms of Reference on Torture (2005) of its Advisory Council ofJurists (ACJ), and request all NHRIs in the Asia-Pacific region to urgentlyimplement the recommendations of the ACJ under this reference,

(xvi) Welcome the recent establishment ofthe ASEAN Intergovernmental Commission on Human Rights (AICHR) under the ASEANCharter, and encourage the AICHR to fulfill its mandate in partnership withnational institutions, including NHRIs, non-governmental organizations andother related entities focusing on standard setting, procedural andinstitutional arrangements,

(xvii) Strongly emphasize the key role ofnon-governmental organizations in combating torture and other forms of violenceand in ensuring justice for victims through reparation, assistance andrehabilitation,

(xviii) Strongly appeal to all States in theAsian region, as well as third parties, to provide timely and consistentprotection for human rights defenders (HRDs) and their organizations, as theycontinue to involve themselves regularly in the full implementation ofeconomic, social and cultural rights, both within their respective countries aswell as across the region and internationally, and urge them not to stand inthe way of non-governmental organizations soliciting, receiving and utilizingresources to carry on their work on issues related to torture prevention andrehabilitation,

(xix) Strongly wish to note, with deepconcern, that among the HRDs who are under threat and various forms of attackin the Asian Region, it has been found over the past few years that it islargely those HRDs engaged in addressing economic, social and cultural rightsissues, and related violence, who are being targeted. Therefore, the States inthe region are reminded of, and urgently requested to fulfill, theircommitments under the United Nations (UN) Declaration on the Right andResponsibility of Individuals, Groups and Organs of Society to Promote andProtect Universally Recognized Human Rights and Fundamental Freedoms (1998),

(xx) Emphasize the urgent need for allactors – non-governmental organizations, NHRIs and other civil societyorganizations – to undertake a regional level campaign against torture and allforms of violence that continue unabated in the region, and the need for closecollaboration between the aforementioned actors in ensuring that differentsectors of society – including lawyers, activists, medical professionals(including psychologists), media professionals and academics – join together insuch a regional campaign,

(xxi) Fully endorse the strategic plan ofaction and the strategic management plan of the Office of the High Commissionerfor Human Rights in combating torture and other forms of violence linked to thefull realization of economic, social and cultural rights,

(xxii) Encourage the activities of the UNHigh Commissioner and her personnel in combating torture and other forms ofviolence prevalent within the Asian region, including her country visits andthe operations of the sub-regional and field offices within the region

(xxiii) Recognize the valuable contribution ofthe independent experts of all human rights treaty bodies, particularly theCommittee on Economic Social and Cultural Rights and the Committee AgainstTorture, in addressing the root causes of torture and other forms of violencedue to specific violations of their respective treaty law provisions, andencourage those treaty monitoring bodies to work closely together,

(xxiv) Acknowledge the indispensable role ofall the Special Procedures of the UN Human Rights Council and their mandateholders, acknowledging in particular the importance of their commitment,integrity and independence, their country missions and their rigorous attentionto the communications received concerning specific human rights violations,

(xxv) Take note of the initiativesundertaken by the UN Human Rights Council in establishing the UniversalPeriodic Review and its further review, looking forward to its effectiveness inenhancing the promotion and protection of all human rights for all,

(xxvi) Urge all the participants present andtheir respective constituencies to design, implement and follow-up on relevantsolidarity campaigns at all levels within and across the region in combatingtorture and all other forms of violation of economic, social and culturalrights, working together with other like-minded organizations. This includesmobilizing public opinion, engaging with individuals and groups at thegrass-roots level, monitoring State’s compliance, and participating in policyformulation and in the development of follow-up action plans at the national,sub-regional and regional levels, with due attention to the internationallevel,

(xxvii) Strongly appeal to all States in theAsian region to sign and ratify the recently adopted Optional Protocol to theConvention on Economic, Social and Cultural Rights.

Manila, thePhilippines, 30 October 2009