Annual Report 2012–2013
A 70 year-old
woman laughs
with a family
member inside
a grocery store
in Tachilek,
Myanmar.
UN Photo by
Kibae Park.
The two-day meeting provided an opportunity to consider and compare founding legislation from NHRIs
in the southeast Asian region, the broader Asia Pacific region and other parts of the world, with a focus
on highlighting good practice in relation to the structure and functions of a NHRI. The discussions also
addressed the international standards relating to the establishment and functioning of NHRIs, the Paris
Principles, and the general observations of the ICC.
Following the meeting the APF continued to assist the Commission with legislative advice via email
and a first draft of the legislation was produced. This draft was then sent to the Office of the President
of Myanmar and circulated to Ministers and their departments for comment. The APF then returned
to Yangon, Myanmar from 31 January – 4 February 2013 to participate in a meeting chaired by
the Commission which included representatives from the Office of the President and government
departments to work through a second draft of the legislation.
Following the meeting, the APF continued to assist the Commission with legislative advice via email and
a final draft of the legislation was produced. The Commission subsequently sent the draft to the Office
of the President for public dissemination and eventual submission to Parliament. It is anticipated that the
draft will be considered by Parliament during 2013.
Samoa
From 20–22 August 2012, the APF worked with Samoa’s Attorney-General, the Ombudsman and the
Attorney-General’s Department to begin the process of drafting a new law to establish a NHRI within
the Office of the Ombudsman.
The APF provided information on the key elements of the Paris Principles and on the legislative
frameworks adopted by countries in the region. On the basis of these discussions the APF prepared
drafting instructions from which the Office of the Attorney-General prepared a draft law. The APF provided
advice during and following the drafting process. The draft law extended the powers of the Office of the
Ombudsman to include a range of human rights functions. The draft law was then submitted to, and
approved by, the Samoan Cabinet.
The APF returned to Samoa from 4–7 March 2013 to meet with the Attorney-General and the Ombudsman
to discuss additional APF assistance to the Office of the Ombudsman and the timetable of Parliament’s
consideration of the Bill. The Bill was subsequently submitted to Parliament in late March 2013 and it
was passed without amendment with full cross-party support on 30 May 2013. The Samoan NHRI will
commence operations by mid-2013.
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