Civil society engagement with ASEAN

National Consultation on ASEAN Structures and Processes

Tuesday 15 September 2009Shah’s Village Hotel, Petaling Jaya

Updates on Key Civil Society Engagement with ASEAN Structures

and Processes

Civil society engagement with ASEAN

ASEAN Charter

Track 2 National Human Rights Institutions

Track 1.5-2.5 Working Group for an ASEAN Human Rights

Mechanism

Track 3 Civil Society Organisations (Accredited or

unaccredited)

Track 2: National Human Rights Institutions

ASEAN Four National Human Rights Institutions

Commission of Human Rights Philippines (CHRP)

Komnas Ham (Indonesia) Suhakam (Malaysia)National Human Rights Commission of

Thailand (NHRCT) Cambodia? (coming soon)


Working group for an ASEAN Human Rights Mechanism (1993 onwards) primary goal is to establish an intergovernmental

human rights commission for ASEAN. it is a coalition of national working groups from

ASEAN states which are composed of representatives of government institutions, parliamentary human rights committees, the academe, and NGOs.

Chairperson, Malaysian Working Group – Dato Param Cumaraswamy


Solidarity for Asian Peoples’ Advocacy (SAPA) Task Force on ASEAN and Human Rights

National and thematic focal points Consultations/Meetings Statements


Southeast Asia Women’s Caucus on ASEAN

Formed in September 2008 Formerly known as Women’s Caucus on AHRB Coordinated by IWRAW Asia Pacific and APWLD Consultations/Meetings Statements

Southeast Asia Women’s Caucus on ASEAN

The Women’s Caucus strongly uphold and are committed to ensuring that Member States of ASEAN adhere to the following principles:

HUMAN RIGHTS FOR ALL ABOVE ALL, particularly for the more vulnerable, marginalised, disadvantaged women and girl children;

To ensure ACCOUNTABILITY TO WOMEN AND THE PEOPLES OF SOUTHEAST ASIA through independent, transparent, effective and responsive processes and structures which are consistent with Member States’ human rights obligations to protect, promote, fulfil and realise the human rights of women. This includes extraterritorial obligations and recognition of primacy of human rights over and above other obligations;

MEANINGFUL & SUBSTANTIVE PARTICIPATION AND

REPRESENTATION OF WOMEN IN ASEAN which is inclusive and representative of the diverse and multiple sectors of society aimed at eliminating discrimination and ensuring substantive equality of all women in Southeast Asia.

SEA Women’s Caucus on ASEAN

Position on AICHR

Political declaration

Selection process

AICHR - Political declaration

Ensure full implementation of the international principles and standards of human rights.

review of the TOR be initiated within 5 years to strengthen the protection mandate.

The protection mandate shall be expanded to include the following: Capacity to conduct on-site country visits; To institute a mechanism for receiving and addressing complaints, conduct investigations and issue

recommendations to ASEAN member states; and To incorporate a framework for periodic peer reviews on situations of human rights of ASEAN countries.

process of consultation with all relevant stakeholders, including civil society in the selection and appointment of “Representatives” to the AICHR.

There shall be commitment to ensure equal gender representation of “Representatives” to the AICHR.

The “Representatives are: to be independent experts and competent in human rights, not to have prior or pending charges of commission of violence and human rights violation, and able to discharge their duties with integrity, probity and independence from the appointing member states.

In accordance to Articles 6.8 and 6.9 of the TOR of the AICHR to set out a plan of actions for the alignment of all ASEAN human rights mechanisms It should contribute to the articulation and implementation of the highest standards of human rights on the basis of

full equality through the evolution of one regional and comprehensive human rights framework that will guarantee human rights and fundamental freedoms of the people in ASEAN countries.

ACWC - Inputs

Principles Recognise that human rights violations experienced by women and girl-children are

often compounded by the intersection of different and multiple layers of discrimination resulting from the intersection of gender with other systems of power, such as race, class/caste, rural location, ethnicity, immigrant status, sexual orientation and gender identities, citizenship, religion and other factors.

Recognise and uphold the supremacy of international human rights laws and

instruments. The principle of state sovereignty and/or non-interference should not be invoked to justify any violations of human rights and fundamental freedoms of women, children and peoples of ASEAN. In addition, to recognize the extra-territorial nature of state obligations under these instruments which exact a minimum standard of compliance and the responsibility to respect and protect against violations of the human rights of women and children.

ACWC - Inputs

Principles Adhere to the principles of non-regression and non-derogation of

standards and principles, and urge ASEAN member states to live up to their human rights obligations under international law by holding all relevant actors, including transnational actors, fully accountable for violations of the human rights of women and children.

Recognise that the principle of state obligation mandates and requires states to take special measures in the form of enabling conditions and affirmative actions, including temporary special measures in order to more quickly fulfill and realise the human rights of women and children.

ACWC - Inputs

2. Fulfill Accountability to Women and the Peoples of Southeast Asia - Established as an independent, transparent, consultative, effective and responsive Commission.

- There should be alignment of all ASEAN human rights mechanisms giving it similar status, reporting lines and resources. While recognising the AICHR as the overarching human rights institution in ASEAN with overall responsibility for the promotion and protection of human rights in ASEAN, it is of paramount importance to recognise the role of the ACWC as a specialised body focusing on the human rights of women and children.

ACWC - Inputs

Mandate and Functions: To promote the modification of social and cultural patterns of conduct to

eliminate prejudices, customary and all other practices that cause or contribute to discrimination against women as provided in article 5(1) of the CEDAW.

To be vested a mandate to conduct on-site country visits, conduct

investigations, and issue recommendations to a member state as well as a mandate to create a follow –up procedure or mechanism on those recommendations to the state.

To be vested with a mandate to receive individual complaints and institute a mechanism for receiving and addressing complaints and to seek redress and guarantees of non-recurrence, including remedies and reparations for the victim such as compensation, legal protection, requirement of states to eliminate and repeal discriminatory laws and policies within a certain timeframe, interim protection measures, and follow up mechanisms or procedures.

ACWC - Inputs

To incorporate a framework for independent periodic peer reviews on the situation of human rights and fundamental freedoms of women and children of the ASEAN region.

To ensure protection of victims, and human rights defenders

including those who provide information to and participate in processes of the ACWC , and its independent mechanisms

ACWC - Inputs

To incorporate a framework for independent periodic peer reviews on the situation of human rights and fundamental freedoms of women and children of the ASEAN region.

To ensure protection of victims, and human rights defenders

including those who provide information to and participate in processes of the ACWC , and its independent mechanisms

ACWC - Inputs

2.2. Composition: The ACWC shall be composed of independent experts with

demonstrated commitment to human rights and competence in the field of women’s human rights and children’s rights.

Due consideration shall be given to equal and expert

representation in the ACWC of all crosscutting sectors such as women, children, indigenous, ethnic minorities, sexual minorities, women with disabilities, migrants, refugees and stateless persons amongst others and that women shall constitute a majority of the membership of the ACWC.

The ACWC shall be a mix of government, academic and civil

society representation with fixed terms of office.

ACWC - Inputs

The ACWC experts shall not or have ever been be associated with the military, have not been charged of or in any way implicated with the commission of human rights violations, and have no conflict of interest whatsoever in their national capacity.

The nomination and selection process for membership in the

ACWC shall be democratic and transparent with direct participation and consultation with civil society, and include open nominations from civil society, academic and government.

ACWC - Inputs

3. Meaningful and Substantive Participation and Representation of Women in the ACWC and its Related Processes

In order to enable ACWC to perform fully and effectively its

functions and mandate, states must ensure adequate resources for the ACWC and the secretariat of the ACWC.

ACMW

Position paper (draft)

What next?

National level activities – 8 countriesRegional level engagement – ASEAN Summit,

AMM, AICHR HLP, ACWC WG, ACMW, ASEAN Secretariat

THANK YOU

Wathshlah G. Naidu

International Women's Rights Action Watch (IWRAW) Asia Pacific 80-B, Jalan Bangsar,

59200 Kuala Lumpur Malaysia Tel: (603) 2282 2255 Fax: (603) 2283 2552

Email: [email protected] / [email protected] Website:

http://www.iwraw-ap.org

Documents

Civil society engagement with ASEAN