SAARC SIMULATION EXERCISE (15-16 December 2008)

NEGOTIATION STRATEGY FORM

Personal Data

Name Muhammad Shahrukh Shahnawaz Negotiation Topic Common Human Rights Commissions
Designation Law Minister
Country India

1. Objectives:
1) establishment of Asian Court of Human Rights (on European model)
2) establishment of common Human Rights Convention/Charter
3) establishment of official Statutory Human Rights institutions (on ASEAN model)
4).to curb serious HR violations which include Trafficking in persons, Child labor, issue of Asian Migrant Workers and the Plight of Women.
5) the SAARC countries should take such measures as to persuade the issue of Asian Migrant Workers, which should be considered in the local legislation.
6) should formulate a collective South Asian Migration Policy and set minimum standards of labor export.

2. Key Arguments:
1) Unlike South Asian/SAARC countries, most of the regional groupings in Europe, North America and Africa have appreciated the need to have
common Human Rights treaties/conventions or codes and have officially constituted autonomous statutory forms to ensure their observance and
enforcement.
2) Major countries are to take first initiative in order to set example for the rest of the South Asian Countries.
3) Must move beyond the policy of “non interferences in personal affairs”.
4) Adoption of a “dialogue approach” instead of “finger pointing”.
5) Promotion of “Human Rights encouragement and Democracy Encouragement” policy.

3. Counter Arguments:

Human Rights issues are an internal matter, International Human Rights Charters/Declarations and Treaties are in conflict with certain religious rites, cultural
values, customs and practices, National security and economic considerations must prevail over rights of individuals and Common regional or sub-regional human
rights official forum or mechanism is not advisable in view of diversity on many issues among member states of the regional alliances.

4. Possible Alliances:

1) Child labor: India with Pakistan, Nepal, Sri Lanka and Bangladesh

+++ To be submitted to HSF by 10 December 2008 via Team Leader ( typed, fontsize: 10p, 1 page only) +++
 SAARC SIMULATION EXERCISE (15-16 December 2008)

2) Trafficking in persons: India with Pakistan and Bangladesh

3) Issue of migrant workers: India with all the SAARC countries
4) Plight of women: India with Afghanistan and all SAARC countries

+++ To be submitted to HSF by 10 December 2008 via Team Leader ( typed, fontsize: 10p, 1 page only) +++