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	Business and human rights defenders in the ASEAN region by Atnike Nova Sigiro Asian Forum for Human Rights and Development (FORUM-ASIA)   Aiming to be an ASEAN Economic Community (AEC) by 2015, the ASEAN region has accelerated its integration into the global market economy driven by business interests from within and outside ASEAN, with a strong backing by the region’s governments. Projects proposed under the AEC include transport cooperation, energy cooperation and mining cooperation.   Much political emphasis has been placed on the AEC to further liberalise the region’s economy and facilitate trade and investment. Far less emphasis has been placed on addressing the social and environmental consequences of economic growth and safeguarding human rights, which are within the mandate of the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC).   ASEAN integration has also entailed the construction of large infrastructure (such as roads, hydropower dams and fossil fuel-fired power stations), proliferation of the mining industry, creation of polluting industrial zones, and the expansion of a range of land-intensive agro-business. Development-induced displacement is also endemic and many people are losing access to the natural resources upon which they depend.   Development based on resource extraction and exploitation not only leads to environmental degradation, but in a number of cases has also triggered violations of human rights by government and business without redress. Increasingly, human rights defenders in ASEAN working to expose human rights abuses in these connections are more vulnerable to threats from both State and non-State actors.   Nevertheless, several initiatives to address these issues have taken place within the ASEAN region. In October 2010, organisations from five ASEAN member States – Singapore, Indonesia, Malaysia, Thailand and the Philippines – established the ASEAN CSR Network.   In 2013, at least two reports on business and human rights were produced by NGOs, namely: the Human Rights Resource Centre (HRRC) report ''Business and Human Rights in ASEAN: A Baseline Study'', and a FORUM-ASIA report entitled ''Corporate Accountability in ASEAN: A Human Rights-Based Approach''.   Finally, in June 2014, the AICHR published its long-awaited first thematic study which focused on Corporate Social Responsibility and Human Rights in ASEAN.[1] Similar to FORUM-ASIA’s report, the AICHR’s report admits that the concept of CSR has its limitation to be used as a tool for promotion and protection of human rights, especially for its voluntary principle.   Nevertheless, the report recognised the importance of CSR for awareness-raising and recognition of the role of the business sector towards human rights. The report also encourage ASEAN Members States to further accelerate and strengthen the implementation and enforcement of the existing rules and regulations that deal directly with such adverse impacts of business conducts at national and regional level.   Despite the prolonged process and the lack of consultation with broader stakeholders, particularly CSOs, the report shows an important start for ASEAN, particularly through its human rights body, the AICHR, to recognize and to envisage future policy framework on human rights based approach in the work of business in ASEAN region.   [1] http://aichr.org/press-release/workshop-on-csr-and-human-rights-in-asean http://www.ishr.ch/news/view-regions-business-human-rights-defenders-and http://business-humanrights.org/en/human-rights-defenders-becoming-more-vulnerable-to-threats-as-asean-accelerates-economic-integration-says-forum-asia http://business-humanrights.org/en/business-human-rights-in-asean
	Cambodia: ICC preliminary examination requested into crimes stemming from mass land grabbing by Karim Lahidji International Federation for Human Rights (Fidh)   25 Jan 2015   Outgoing United Nations envoy laments scant human rights gains in Cambodia. (Reuters)   United Nations envoy Surya Subedi paid a final official visit to Cambodia on Friday and noted scant progress during his six-year mandate, warning the government its people were no longer afraid to defend their human rights.   UN Special Rapporteur Mr Subedi said the government of prime minister Hun Sen, who has ruled Cambodia for 30 years, should reconsider its aversion to independent institutions.   "Many of the state institutions responsible for upholding people''s rights are unfortunately still lacking accountability and transparency needed to command the trust and confidence of the people," Professor Subedi told a news conference.   Despite success in boosting a tiny economy, reducing poverty and creating jobs, the Cambodian government has been accused of abusing its power and leaning on the judiciary to crush its detractors or scare them into silence.   It has been dogged by accusations of bowing to vested interests and failing to curb spiralling forced evictions or to allow critics to speak out freely.   Professor Subedi, a lawyer and academic, said that he had recognised some signs of progress, but reforms were too slow.   "The culture of impunity in this country has been a troubling issue for me, which I have repeatedly raised to the government," he said.   Courts, anti-graft units and human rights mechanisms were not allowed to work freely, he said, adding that public calls for accountability were stronger now than ever.   "So far, the courts of Cambodia have not delivered justice in the way demanded by all Cambodians.   "There have been too many human rights violations taking place without anyone being held responsible."   Professor Subedi noted Cambodia''s economic development over the last two decades, but warned that the spoils were not being shared equitably.   "Economic growth has brought its own challenges of inequitable development and a widening gap between the rich and the poor."   Professor Subedi however expressed confidence in the country''s future and its people.   "People know their rights and are ready to claim them. I conclude my final mission with confidence that Cambodia will get there - its vibrant people will ensure it."   October 2014 (International Federation for Human Rights)   A communication filed at the International Criminal Court (ICC) today alleges that widespread and systematic land grabbing conducted by the Cambodian ruling elite for over a decade amounts to a crime against humanity.   The communication contends that senior members of the Cambodian government, its security forces, and government-connected business leaders carried out an attack on the civilian population with the twin objectives of self-enrichment and preservation of power at all costs. Crimes committed as part of this campaign include murder, forcible transfer of populations, illegal imprisonment, persecution, and other inhumane acts.   “Given the Cambodian judicial authorities consistent failure to adequately investigate these grave crimes and provide effective remedies to those affected, the ICC now represents the most realistic avenue to bring justice to the victims,” said FIDH President Karim Lahidji. “We hope the ICC’s involvement will also spur genuine national judicial proceedings since the ICC’s jurisdiction is complementary to national courts.”   Victims’ legal representative, Richard J Rogers, is presenting evidence that in the past 14 years, an estimated 770,000 people (6% of the country’s population) have been adversely affected by land grabbing in Cambodia, with over 145,000 people forcibly transferred from the capital, Phnom Penh, alone. Those who have been thrown off their land continue to suffer in appalling conditions in resettlement camps where food insecurity and disease are rife. Indigenous minorities have suffered disproportionately with half their population already excluded from ancestral land.   Those who oppose the ruling elite have been ruthlessly suppressed. Civil society leaders, monks, journalists, lawyers, environmental activists, trade unionists, civilian protestors, and opposition politicians have been assassinated, threatened or imprisoned on trumped-up charges. In 2012 alone local NGOs have documented the arbitrary arrest of 232 rights workers and activists in relation to land issues. The perpetrators of politically motivated crimes have enjoyed complete impunity.   “In an era where land-related human rights violations have reached shocking levels, this communication provides the ICC’s Office of the Prosecutor with a rare opportunity to confirm the crucial role of international criminal law in protecting peacetime populations from mass forcible transfer,” said Richard J Rogers. “An ICC intervention will force the Cambodian government to reconsider its approach to land grabbing and suppression of dissidents.”   Cambodia ratified the ICC Statute on 11 March 2002, giving the ICC jurisdiction over crimes committed since 1 July 2002 on its territory or by its nationals. Following the analysis of this communication and in accordance with Article 15 of the ICC Statute, the ICC Prosecutor will decide whether a full investigation into the alleged crimes against humanity is warranted.   The communication was submitted by international lawyer - Richard J. Rogers of Global Diligence LLP - on behalf of individual Cambodian victims, and is backed by FIDH.   http://www.fidh.org/International-Federation-for-Human-Rights/asia/cambodia/16176-cambodia-icc-preliminary-examination-requested-into-crimes-stemming-from http://www.licadho-cambodia.org/pressrelease.php?perm=342
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