1. INTERNATIONAL CONFERENCE ON HUMAN RIGHTS OF MIGRANTS AND A MULTICULTURAL SOCIETY Seoul, 10-12 November 2008

2. ASIA PACIFIC FORUM (APF) EXPERIENCES AND PERSPECTIVES -

3. THE ASIA PACIFIC FORUM OF NHRIs (APF) Forum for cooperation, coordination and mutual support amongst National Human Rights Institutions (NHRIs) in the Asia Pacific region; Membership based on compliance with United Nations Principles Relating to the Status and Functioning of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles); Three categories of membership: full membership (F), candidate membership (C), and associate membership (A); Current member institutions are from: Afghanistan (F), Australia (F), India (F), Indonesia (F), Jordan (F), Malaysia (F), Maldives (A), Mongolia (F), Nepal (F), New Zealand (F), Palestinian Territories (A), Philippines (F), Qatar (A), Republic of Korea (F), Sri Lanka (F), Timor Leste (F) and Thailand (F).

4. APF STRUCTURE Forum Chairperson Forum Councillors APF Secretariat Advisory Committees Advisory Council of Jurists Councillor Committees Management Committee Deputy Chairperson 1Deputy Chairperson 2

5. APF ACTIVITIES Annual Meetings; General Advisory Services; Training and Capacity Building Projects; Regional and International Cooperation; Advisory Council of Jurists; Information and Promotion;

6. APF AND MIGRATION ISSUES Discussions on migration took place during the following APF Annual Meetings: APF1 Darwin, 1996: “NHRIs to respond effectively and promptly to requests from other national institutions to investigate violations of the human rights of their nationals present in a country that has a national institution.” APF3 Jakarta, 1998: “Discussed the role of NHRIs in protecting the rights of refugees, internally displaced persons (IDPs) and migrant workers. Recognised the need for governments to address these issues more effectively.” APF11, Suva, 2006: “Considered the relevance of the ILO and ILO Conventions to the work of NHRIs.” APF13, Kuala Lumpur, 2008: “Noted the call for regional standard setting on the human rights of migrants in irregular situations and migrant domestic workers.”

7. APF AND TRAFFICKING OF WOMEN AND CHILDREN Trafficking was considered specifically during the following APF Annual Meetings: APF4, Manila, 1999: Considered the role of NHRIs in addressing trafficking of women and children. APF6 Colombo, 2001: (i) Decision to hold regional workshop on trafficking, (ii) decision to develop practical projects to combat trans-border trafficking, (iii) reference to the ACJ on trafficking. APF7, New Delhi, 2002: (i) Adoption of trafficking recommendations by ACJ, (ii) decision to strengthen regional cooperation on trafficking, (iii) recommendation for the reinvigoration of the trafficking focal point network. APF9, Seoul, 2004: Australian HRC to host regional APF trafficking workshop in 2005.

8. SUMMARY OF APF’S ACJ RECOMMENDATIONS ON TRAFFICKING* Ratification and implementation of the 2000 Trafficking Protocol; Effective enforcement of existing and future laws; Protection of victims; NHRIs to facilitate research on trafficking, with a view to providing a solid basis for policy recommendations to governments; Education, including for border control and law enforcement officials, judiciary, government officials and the community; Cooperation at the State-level, and sharing of information amongst NHRIs institutions via the APF; * The full ACJ trafficking report can be downloaded at: http://www.asiapacificforum.net/acj/references/trafficking/downloads/reference-on- trafficking/final_report.pdf

9. SOME CORE ELEMENTS OF THE APF TRAFFICKING PLAN OF ACTION 1. Recommendations relating to Education, Monitoring and Advocacy: Education for NHRI Commissioners and staff; Conduct / support research on trafficking; Training for State officials + law enforcement agencies; public awareness campaigns; Recommend inclusion of trafficking in National Human Rights Action Plans, and/or separate Trafficking National Action Plans; Monitor counter-trafficking work by law enforcement officials, government responses and actions; Advocate for inclusion of UN Recommended Principles and Guidelines on Human Rights and Human Trafficking into national legislation; Asia-Pacific Regional or sub-regional instrument on trafficking; Promotion of best practice laws;

10. SOME CORE ELEMENTS OF THE APF TRAFFICKING PLAN OF ACTION (CON’T) 2. Recommendations relating to administrative and legal processes: Review trafficking related laws and policies; Recommend bilateral extradition arrangements for prosecution of traffickers; Recommend bilateral agreements for witness protection; NHRIs to be consulted on draft criminal laws relating to trafficking; Recommend and advocate for the development of procedural guidelines around raids and rescues; Advise governments to provide alternatives to immigration detention for victims of trafficking; Encourage States to implement comprehensive birth registration for all people in their jurisdiction;

11. SOME CORE ELEMENTS OF THE APF TRAFFICKING PLAN OF ACTION (CON’T) 3. Recommendations regarding Victim support, recovery and repatriation: Advocate a human rights approach to repatriation and reintegration of victims, including access to supportive reintegration programmes; Encourage governments to provide trafficked victims with minimum period of residency in destination country; Advocate for development of minimum human rights based standards for victim identification and assistance, in consultation with Victim Support Agencies (VSA); Advocate for victims to have the right to employment or government-funded education before repatriation; Remind States of the need for extra protection for child victims; Advocate for safe and voluntary repatriation;

12. SOME CORE ELEMENTS OF THE APF TRAFFICKING PLAN OF ACTION (CON’T)* 4. Strategies for NHRIs: Effective use of NHRI investigations and complaint-handling mandates; Training and staff exchanges; Strengthening of APF trafficking focal point network; Formation of APF working groups drawn from members of trafficking focal point network; Representations to regional groups such as ASEAN; *The full APF trafficking Plan of Action can be downloaded at the following URL: http://www.asiapacificforum.net/services/training/regionalworkshops/trafficking/downloads/conclusion/concluding.pdf

13. APF SECRETARIAT COMMENTS ON THE DRAFT SEOUL GUIDELINES Activities which could come within the framework of APF services and activities: Para 1.1: Advocacy on ratification and implementation of the Migrant Workers Convention - APF training on the Migrant Workers Convention in 2009. Para 3.6: NHRIs involvement in the monitoring process by treaty bodies - APF advocacy on behalf of NHRIs before the UN Human Rights Council and in the development of the Persons with Disabilities Convention. Para 6.1: Ensure government intervention on trafficking of women - Recommendations within ACJ trafficking reference and Plan of Action. Para 9.1.3: Annual (biannual) meetings of International Cooperation Units - APF Annual Meetings include parallel meetings for staff, particularly those w/in the Senior Executive Officers Network. - Staff of International Cooperation Units could potentially meet in parallel.

14. APF SECRETARIAT COMMENTS ON THE DRAFT SEOUL GUIDELINES (CON’T) Para 9.2.1: Joint mechanism for NHRIs in Asia on migrant workers - One possibility could be to form a working group involving APF members that would meet w/in the framework of APF Annual Meetings. - Advantages from a logistical and resource perspective. - Provides an opportunity for the exchange of best practices (Para 10.3.3) Para 9.3.2: Regional warning system or precaution unit as a human rights networking mechanism - APF has existing focal point network on trafficking, which could form part of this proposed mechanism. Para 10.2.4: NHRI staff exchanges and placements - One of the APF’s core capacity building activities. - APF has organised staff placements between NHRIs of Australia, India, Indonesia, Malaysia, Mongolia, Nepal, New Zealand and the Philippines. Para 10.3.5: Share expert and technical assistance for capacity building - APF has previously assisted member NHRIs in sourcing out consultants.