ASEAN HUMAN RIGHTS MECHANISMSYUYUN WAHYUNINGRUMFORUM-ASIASAPA TASK FORCE ON ASEAN & HUMAN RIGHTSyuyun@forum-asia.org

ASEAN Economic Community Council

ASEAN Security Community Council

ASEAN Socio-Cultural Community Council

ASEAN Inter-governmental

Commission on Human Rights

(AICHR)

ASEAN Commission on the Promotion and

Protection of the Rights of Women and

Children (ACWC)ASEAN Committee on the Implementation of

the ASEAN Declaration on the

Protection and Promotion of the Rights of Migrant Workers (ACMW)

ASEAN Coordinating Council

Current Status

AICHR – Background & Process Article 14 – ASEAN Charter High Level Panel – 12 members, chaired by

Thailand Monthly meeting, July 08 – July 09 First draft was submitted to ASEAN FMs during

14th ASEAN Summit, Hua Hin, Feb 2009 Final draft was adopted during the 42nd ASEAN

Ministerial Meetings, Phuket, 20 July 2009 HLP to draft ‘political declaration’ as guidance

to the TOR AICHR TOR, Political Declaration & Members will be

announced in 15th ASEAN Summit, Phuket, 23-25 Oct 2009

Current Status: Aug-Oct 2009

TOR AICHR

‘Promotion First, Protection Later’ Formula Full of vague wording, multi-interpretation Adopt the evolutionary approach to the

development of the HR norms and standards

Mandate & function: 12 promotion, 2 protection: Art. 4.10, Art. 4.12

No guarantee of independence and effectiveness of the AICHR – appointment, removal, mandate, financial autonomy, secretariat

Important Articles

Art. 4.6 – promote the full implementation of ASEAN Instruments related HR, i.e: ASEAN Declaration on the elimination against women

Art. 4.8 & Art. 4.9 – to ensure children’s voices to be heard

Art. 4.10 – obtain information Art. 4.12 – thematic reports Art. 6.6 – annual meeting of AICHR Art. 6.8 – Overarching HR institution Art. 7.1 – SG role to attract AICHR’s

attention Art. 9.6 – Review 5 years

AICHR – What body is this?

Inter-governmental, consultative, toothless (less protection)

10 members from 10 member states for 3 years, the chair of AICHR is the chair of ASEAN

Reps are accountable to appointing government (Art. 5.2), can be replaced anytime (Art.5.6), shall act impartially according to the ASEAN Charter and TOR (Art.5.7)

Decision making: consultation & consensus Members meet twice a year @5 days Submit report to FMs annually Art 6.8 AICHR is an overarching body Art 6.9 - The AICHR to expeditiously determine the

modalities for the ultimate alignment with the AICHR ASEAN Sec to provide secretariat & finance support

to AICHR. Member states can second their staff too to AICHR

Civil Society Involvement

engaged HLP since it was firstly established in July 2008 up to now

From 2008-2009: 16 national consultations and 6 regional consultations from 9 countries and different thematic issues

3 inputs had been submitted to the HLP and 1 submission was sent to the Australian Parliament

National, regional and international lobby activities were conducted

2 interface meetings with HLP A coordination meeting with other groups

was conducted to see a commonalities of the inputs

Civil Society Involvement

Public Campaign – T-Shirt, Posters, Postcard, stickers, letters,

Mobilization – open letters, signatures, simultaneous press conferences

Media Campaign – 150 media coverage (during AMM), 97 media coverage (ASEAN Summit)

Clear message is well known: ASEAN human rights commission with TEETH!: Accountable, Independent, Effective

Next Steps

AUG – OCT 2009: Provide Civil Society’s inputs to the Political

Declaration Engage and influence the national

processes of the appointment of the members

NOV 2009 onwards Provide inputs on drafting the rules and

procedures of the TORJAN 2010 onwards Engage in the process of developing the

ASEAN HR declaration & ASEAN Conventions

SAPA TFAHR – to make the body can grow the teeth … push for CS FORUM to the Annual Meeting of

AICHR organize the annual meeting to provide 2

annual reports on: 1) human rights situation in ASEAN, and 2) the performance of the AICHR (hold ASEAN government accountable to their initiative) – start 2010 - 2011

Use the reports as basis to amend or review the AICHR’s work performance after 5 years

TOT, National Trainings for AICHR advocacy

Improve media advocacy and strategy

ASEAN COMMISSION ON THE PROMOTION AND PROTECTION OF THE RIGHTS OF WOMEN AND CHILDREN (ACWC)

ACWC - Background

Vientiane Action Programme (VAP) 2004 -2010 is replaced by Hua Hin Declaration on the Roadmap for the ASEAN community (2009-2015)

The Hua Hin declaration reiterated the establishment of the ACWC as an important measure to ensure equitable development for women and children in the ASEAN region

All ASEAN member States are parties to the Convention on Elimination of all forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of Children (CRC)

ACWC - What has been Done? The ASEAN Committee on Women (ACW)

and the ASEAN Senior Officials Meeting on Social Welfare and Development (SOMSWD) responsible for implementing of the APSC and the ASCC Blueprints, have taken the following steps:

April 8, 2008 - Convened the Joint Roundtable discussion among ACW, SOMSWD and the ASEAN Standing Committee(ASC) in Jakarta, which discussed the possible elements and modalities of the ACWC

The JRD came up with the recommendations for consideration of the ACW and SOMSWD

ACWC - What has been Done? At the Joint Session of the ACW and the

SOMSWD in Hanoi, Vietnam on October 22-23, 2008 – Agreed to set up a working group to study and propose recommendations on the establishment of the ACWC

CSOs were invited at the joint session of the ACW and SOMSWD, in Manila on April 29, 2009. A representative from the CSOs spoke on the work of the CSOs in the ASEAN region

ACW & AMMSWD

ASEAN Commission on Women (ACW) is an ASEAN sectoral body that oversees regional cooperation on the advancement of women, gender equality, and elimination of all forms of violence against women in line with the CEDAW principles.

AMMSWD & Senior Officials Meeting on Social Welfare and Development (SOMSWD) is an ASEAN sectoral body that oversees regional cooperation on social welfare, family and children

Aims

1.Reduce the social risks and raise the standard of living of marginalized groups, including children, women, elderly and persons with disabilities,

2.Increase effective participation of family, civil society and private sector in tackling poverty and improving social welfare

ASEAN cooperation on children is in line with the CRC principles

Both ACW and AMMSWD are under the socio-cultural pillar of the ASEAN Community

Civil Society’s Involvement

The Caucus on Women and Children on ASEAN human rights mechanisms, Jakarta, 4 August 2008

2nd Regional Consultation on ASEAN and Human Rights, Jakarta, 5-7 August 2008

Regional Consultation for women and children organizations on AHRB & ACWC, 5-7 September 2008

Follow up Consultation, Manila, November 2008 2nd Interface meeting with HLP, March 2009 meeting Expert Dialogue with the 3 Regional HR

mechanisms, Jakarta, 4-5 May 2009 Regional Consultation on ACWC, Jakarta, 7-8 May

2009

Civil Society’s Involvement

Focal point of child rights in the SAPA Task Force on ASEAN and Human Rights

Plan of Action 2008, 2009 Inputs from child rights organizations to the

WG ACWC 2 national consultations (CSO, NGO, DSWD,

academe) on ACWC – Guiding Principles Lobby meetings in Philippines, Indonesia Statement from child rights group on AICHR Statement from child rights group on ACWC

TOR ACWC – Contentious Issues The inclusion of the word ‘Human Rights’ Protection mandates The independence of the body,

appointment of its members (there is an issue of calling them as ‘experts’ or ‘representatives’)

‘Integrated’ or ‘aligned’ to the AICHR?   The line of reporting of the ACWC

ASEAN COMMITTEE ON THE IMPLEMENTATION OF THE ASEAN DECLARATION ON THE PROTECTION AND PROMOTION OF THE RIGHTS OF MIGRANT WORKERS (ACMW)

ACMW – Process

• (2004 VAP) – “elaboration of an ASEAN instrument of the protection and promotion of the rights of migrant workers.”, which is replaced by the ASEAN Socio-Cultural Community (ASCC) Blueprint, 14th ASEAN Summit, Cha-am, Thailand

• ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, 12th ASEAN Summit, January 2007 at Cebu, Philippines

ASEAN Declaration

General principles:National laws and policies precede over human

rightsUndocumented MWs

Commitments:Task the relevant ASEAN bodies to follow up on

the Declaration and to develop an ASEAN instrument on the protection and promotion of the rights of MWs

ACMW

AMM, 30 July 2007, Manila - ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW)

Purpose/functions To ensure effective implementation of the

commitments made under the Declaration

Facilitate/work towards the development of an ASEAN instrument on MWs

Composition: 10 member states

ACMW – Drafting Committee Drafting Committee: 2 sending countries

(Indonesia and the Philippines) and 2 receiving countries (Malaysia and Thailand) 1st meeting in Thailand 2nd meeting on in June, Bali 2009

TOR/work plan of the DT adopted Indonesia/Philippines to draft

“Zero Draft” – preamble, Scope, Obligation of the ASEAN countries, Consultation and evaluation mechanism, General provisions

ASEAN Forum on Migrant and Labor ASEAN Forum on Migrant and Labor

ASCC Section C2.ii “institutionalize and convene on a regular basis the ASEAN Forum on Migrant and Labor as a platform for broad-based discussions on migrant labor issues under the auspices of the ACMW”

3rd Forum will be in April 2010 in Vietnam

Civil Society’s Involvement

8 CSO national consultations, 8 CSO regional consultations from 2007-2009 in 8 countries in ASEAN

192 CSO Recommendations for the Framework Instruments

Lobby national and ASEAN governments

TFASEAN Migrant Workerswww.workersconnection.org

Thanks!