Submission of the 1 st Regional Women s Human Rights Consultation on the ASEAN Human Rights Body February 2009

Transcription

1 Submission of the 1 st Regional Women s Human Rights Consultation on the ASEAN Human Rights Body February 2009 Windsor Suites Hotel, Bangkok, Thailand The women s human rights groups from Burma, Cambodia, Indonesia, Lao PDR, Philippines, Malaysia, Thailand, Timor-Leste and Vietnam which met at the Regional Women s Human Rights Consultation on the ASEAN Human Rights Body (AHRB) from February 2009 in Bangkok, Thailand are committed to the following: 1. Women s human rights groups in Southeast Asia, similar to other regions, face multiple complexities and violence in the environment within which we live and work; 2. The present wave of neo-liberal economic globalisation and the current economic crisis impact adversely on women in the region, jeopardising gains made to substantive equality and non discrimination 1. The rights of workers are being sacrificed through a process of de-regulation and the introduction of flexible labour practices. When this happens, it is the people in weaker sectors of a society who are exploited 2. The unequal status of women in our societies has resulted in women being more vulnerable to exploitation and abuse by external forces. 3. The principle of non-interference that the States in Southeast Asia adhere to acts to the detriment of women s human rights particularly in countries where democracy is in crisis, such as Burma 3. In countries that face increased militarisation and conflict, women are exposed to greater risks of human rights violations such as violence against women, decreases their mobility, and impedes an enabling social, cultural, political and economic environment in which women s human rights can be promoted, protected, fulfilled and realised. 4. Southeast Asian states often lack fair and transparent processes to hold State and non-state actors accountable to the violations of women s human rights. This includes access to justice, political participation and participation in the public sphere. This condition enables impunity for states to implement policies and measures which erode the universal principles of non-discrimination and equality. The strongly held principle of non-interference disables other states from intervening, and enhances this sense of impunity. 5. Women in Southeast Asia and around the world face the competing interests of religious fundamentalists and secularist forces. When the fundamentalist voices gain hold there is increased restriction on women s mobility and access to public life including education and employment. There is an imposition of strict cultural morals on women, the restriction and denial of a separate legal personality, and increased violence against women 4. It is used to justify the states inaction to promote and protect women s right to equality. Women frequently become the central focus of these groups as representations of the purity and morality which they espouse. Women s rights are bargained away in the struggle between secularism on the one hand and fundamentalisms on the other. Cultural relativism, compounded by the different fundamentalisms, erode the universality and 1 This is borne out in a recent survery by the ILO on Trends in Global Employment Trends for Women (March 2009) which predicts that 22 million women will become unemployed in 2009 and more (up to 50% of women) will face situations of vulnerable employment from the current crisis. 2 Lisa Pusey, The Complexities of the Environment in which CEDAW is Implemented, Presentation made at the Updating of Concepts, Addressing Contexts and New Challenges in the Application of CEDAW meeting, October 2007, Kuala Lumpur, Malaysia, Organised by IWRAW Asia Pacific. 3 Ibid 4 Ibid 1

2 interdependence of human rights norms. Group rights are often attained at the expense of individual rights, particularly those of women. 6. Drawing from the principles and standards in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and other human rights treaties, their respective general comments, concluding observations and jurisprudence, we recognise the dynamic and evolving nature of human rights. In recognising these new rights we uphold the need for a principled balancing of competing rights in order to ensure that the realisation of one right does not impinge on other rights, but instead, facilitate their realisation. 7. We adhere to the following principles of human rights 5 : 7.1 Universality and indivisibility of rights 7.2 Inherent and inalienability of rights 7.3 Full realisation of all rights as rights are interdependent and inter-related (nonhierarchical) 7.4 Principles of non-regression/non-derogation 7.5 Progressive realisation linked to principles of non-regression/non-derogation (mobilise resources, set targets, set time frames to show progress, in good faith) 7.6 Minimum core obligations 7.7 Due diligence 7.8 State as duty holders, citizens and persons as rights bearers (individual and group rights), noting intersectionality 7.9 Ability of people to exercise rights and enjoy rights de jure and de facto 7.10 Mechanisms for accountability 7.11 Mobilisation of people, particularly women as rights holders 7.12 Elimination of discrimination, both direct and indirect, in law and in practice, in the private and public spheres, by state and non-state actors 7.13 Prohibition of discrimination on the basis of sex 7.14 Elimination of discriminatory ideological factors justified by cultural, social norms, and religious interpretation 7.15 Temporary special measures to address historical, structural and current discrimination, and multiple discrimination based on discriminatory notions of gender 7.16 Measures that enable the fulfilment of special needs of women biological needs 7.18 Towards promoting substantive equality (access, opportunity, results) 7.19 Equality before and under the law 7.20 Full development and advancement of women 8. The women of Southeast Asia welcome the coming into force of the ASEAN Charter (the Charter) in December 2008, albeit with some reservations as listed in our concerns below. We have hopes that the establishment of an ASEAN Human Rights body (AHRB) under Article 14 of the Charter will act as an impetus to reassert the human rights of women in Southeast Asia. 9. Women s human rights groups in Southeast Asia recognises the need to identify and engage with the key ASEAN structures and in key processes towards ensuring the realisation of women s human rights. 5 Extracted from the Framework for the Application of the Convention on the Elimination of All Forms of Discrimination against Women, Developed through the Updating Concepts Meeting October 2007, International Women s Rights Action Watch Asia Pacific (IWRAW Asia Pacific) 2

3 10. Noting that all Member States of ASEAN are parties to CEDAW as well as the Convention on the Rights of the Child (CRC), and endorsed the Beijing Platform for Action (BPFA) and International Conference on Population and Development Programme of Action (ICPD), we call upon the ASEAN member states to fulfil their legal obligations under these treaties and their undertakings under the international policy instruments to ensure the promotion, protection, fulfilment and realisation of women and children s human rights. 11. Pursuant to the Charter s aim to promote and protect human rights and fundamental freedoms, we call upon the States are to ensure the following: 11.1 To recognise that human rights violations experienced by women are often compounded by the intersections of different and multiple forms and sites of discrimination; 11.2 To eliminate all forms of discrimination, both direct and indirect, in both the private and public spheres, in order to ensure enjoyment of substantive equality by women through the guarantees of equal opportunities, equal access and equal benefits to women; 11.3 To guarantee the rights of women to make decisions regarding every aspect of their lives throughout their life cycle, free of discrimination, violence and coercion; 11.4 To commit to the re-distribution of productive resources in the economic arena in a manner which enables equal sharing of the opportunities and benefits of development by all; 11.5 To uphold the principle of equality and justice for women even while recognising the cultural diversity and pluralism of the people of the ASEAN region, and to that end, to implement the states legal obligations under CEDAW to modify and eliminate social, cultural and religious norms that perpetuate discrimination against women; 11.6 To guarantee full participation and equal representation of women at all stages in the process from drafting to final adoption of the terms of reference of the ASEAN Human Rights Body, ASEAN Commission on the Protection and Promotion of the Rights of Women and Children, the Community blueprints and at every level of the institutional structures created within ASEAN and in ASEAN members states; 11.7 To ensure all terms of reference and functions of proposed institutional structures are developed immediately through a transparent and inclusive process that adheres to the principles of human rights and democratic governance; and 11.8 To eliminate the impunity enjoyed by the perpetrators of violence against women. 12. Southeast Asian women s human rights groups welcome the establishment of the ASEAN Human Rights Body (AHRB) to promote protect and fulfill human rights, in a timely manner, incorporating the universal principles and standards of human rights, including human rights of women, and other vulnerable and marginalised groups and communities. 3

4 13. Save and except where the draft TOR includes the matters included in the submissions by SAPA and the Women and Children s Regional Consultation in September 2008, the draft TOR in its current form is rejected. 14. It is urged that the terms of reference incorporate the following: 14.1 The AHRB be instituted through a transparent process involving civil society participation, including women, to ensure an independent and credible mechanism; 14.2 The AHRB be vested with a broad mandate to monitor and the implementation of international human rights principles and standards; 14.3 The AHRB have a mechanism for individual complaints and redress with investigative powers, and the mandate to address discrimination and gross and systematic violations of human rights including women s rights; 14.4 The AHRB be mandated to recommend sanctions and penalties which are legally binding for Member States; 14.5 To ensure all terms of reference and functions of the proposed AHRB and the various institutional structures are drafted and developed through a transparent and consultative process which includes civil society participation that adheres to the principles of human rights, democracy, good governance, rule of law, justice and accountability. 15. We adopt the submission as a result of the consultation of women and children s groups in Bangkok on September 2008, and the submissions made by the Solidarity for Asia People s Advocacy (SAPA); 16. In addition, we propose that the High Level Panel (HLP) drafting the terms of reference (TOR) for the establishment of the AHRB should: 16.1 provide that the body be a Commission; 16.2 include the word fulfilment the phrase promotion and protection wherever it appears in the TOR; 16.3 include the term discrimination and define it to include direct and indirect discrimination in public and private spheres by both state and non-state actors 6 ; 16.4 state that the AHRB should report to the Heads of State during the Summit meetings; 16.5 state that the location for the meetings of the AHRB should be rotated within the ASEAN countries; 16.6 provide for the revision of the TOR every 3 years after wide and meaningful consultation with civil society organisations; 6 Refer to the Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on Racial Discrimination. 4

5 16.7 state clearly that gender budgeting shall be practised when providing for financial matters in the AHRB; 16.8 provide that members of the AHRB should be experts in human rights; 16.9 state clearly that civil society organisations should be included in meaningful and regular consultations; that the members of the AHRB shall be appointed for a term of three years, renewable for reappointment for 1 additional term; provide for 7 members in the AHRB; and provide as follows with regard to immunity of the members of the AHRB: The members of the Commission shall enjoy, from the time of their appointment and throughout their term of office, such immunities as are granted to diplomatic agents under international law. While in office, they shall also enjoy the diplomatic privileges required for the performance of their duties. 17. The Southeast Asian women s human rights groups believe that the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children proposed under the Vientiane Action Programme and now under the Social Cultural Community Blueprint is a specialized body. If it were established before the AHRB, then it should forthwith be integrated under the AHRB. The AHRB should be the overarching body mandated to promote, protect, fulfill and realise every person s human rights. 18. We, the representatives from the diverse women s human rights groups have agreed to carry this vision home and through our national processes, to determine the avenues and opportunities to engage with ASEAN and its many structures and processes. 19. Finally, we also affirm that we will organise parallel events during the subsequent Annual Ministerial Meetings and ASEAN Summits towards the realisation of women s human rights in Southeast Asia. 5