ROLES OF ACWC IN PROTECTING CHILDREN IN ASEAN Datin Paduka Intan Kassim PRESENTATION AT APCJJ SECOND MEETING- PHUKET, THAILAND 5-8 MAY 2015

 It is an Inter-Governmental Body on human rights  Inaugurated on 7 April 2010 in Hanoi, although commitment to established this body dated back to  Membership of 20 representatives- 10 on women’s rights and 10 on children’s rights  To focus on women’s rights and children’s rights – as such the primary basis of reference will be CEDAW and CRC  Work on the principle of consensus Background of ACWC

 To promote and protect the human rights and fundamental freedoms of women and children in ASEAN, taking into consideration the different historical, political, socio cultural, religious and economic context in the region and the balances between rights and responsibilities.  To uphold, promote, protect, respect and fulfill the rights of women and children in ASEAN to live in peace, equality, justice, dignity and prosperity. To promote the well-being, development, empowerment and participation of women and children in the ASEAN Community building process which contribute to the realization of the purposes of ASEAN as set out in the ASEAN Charter.  To enhance regional and international cooperation with a view to complementing national and international efforts on the promotion and protection of the rights of women and children. Purpose of ACWC

Violations of Children’s rights  Child labour  exploitation through prostitution or pornography  Armed conflicts  Displaced children  Trafficked children  Street children  Children in conflict with the law

 To promote the implementation of international instruments, ASEAN instruments and other instruments related to the rights of women and children.  To develop policies, programs and innovative strategies to promote and protect the rights of women and children to complement the building of the ASEAN Community. To promote public awareness and education of the rights of women and children in ASEAN.  To advocate on behalf of women and children, especially the most vulnerable and marginalised, and encourage ASEAN Member States to improve their situation.  To build capacities of relevant stakeholders at all levels, e.g. administrative, legislative, judicial, civil society, community leaders, women and children machineries, through the provision of technical assistance, training and workshops, towards the realisation of the rights of women and children. Mandate of ACWC

 To assist, upon request by ASEAN Member States, in preparing for CEDAW and CRC Periodic Reports, the Human Rights Council’s Universal Periodic Review (UPR) and reports for other Treaty Bodies, with specific reference to the rights of women and children in ASEAN.  To assist, upon request by ASEAN Member States, in implementing the Concluding Observations of CEDAW and CRC and other Treaty Bodies related to the rights of women and children. To encourage ASEAN Member States on the collection and analysis of disaggregated data by sex, age, etc., related to the promotion and protection of the rights of women and children.  To promote studies and research related to the situation and well- being of women and children with the view to fostering effective implementation of the rights of women and children in the region.  To encourage ASEAN Member States to undertake periodic reviews of national legislations, regulations, policies, and practices related to the rights of women and children. Mandate of ACWC

 To facilitate sharing of experiences and good practices, including thematic issues, between and among ASEAN Member States related to the situation and well-being of women and children and to enhance the effective implementation of CEDAW and CRC through, among others, exchange of visits, seminars and conferences.  To propose and promote appropriate measures, mechanisms and strategies for the prevention and elimination of all forms of violation of the rights of women and children, including the protection of victims. To encourage ASEAN Member States to consider acceding to, and ratifying, international human rights instruments related to women and children.  To support the participation of ASEAN women and children in dialogue and consultation processes in ASEAN related to the promotion and protection of their rights.  To provide advisory services on matters pertaining to the promotion and protection of the rights of women and children to ASEAN sectoral bodies upon request. Mandate of ACWC

Article 19 of the Convention requires States Parties to “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child”. Mandate relates to States obligations under CRC :-

Child as offenders – through the criminal justice system  Children deprived of liberty are at risk of abuse, violence, exploitation, and health related concerns and physical injury.  Isolation from society, particularly where children's welfare, education, and reintegration are not fully addressed within the formal justice system. Risks face by children in contact with the criminal justice system

Child victims and witnesses  Children suffer harm as a result of crime and abuse of power as a result of coming into contact with the criminal justice system.  The vulnerabilities of children in criminal justice processes, due to their age and levels of maturity, require special measures to ensure adequate protection of their rights Risks face by children in contact with the criminal justice system

 The best interests of the child are always the primary consideration – Article 3  A child should be protected against all forms of discrimination and punishment – Article 2  A child has the right to survival and development – Article 6  A child should be protected from abuse and neglect.  Respect for the views of the child – Article 12 Are we obligated to protect them?

 Not to punish children who commit criminal offences, but to ensure child and juvenile offenders get the help and support that they don’t come into conflict with the law again.  This is in keeping with key principles of the CRC: in all decisions which affect a child, the best interests of the child must be considered as a matter of priority. Key aim of juvenile justice should be :-

 Preventing children’s involvement with the criminal justice system  Preventing violence associated with law enforcement and prosecution  Limiting the use of detention  Giving the rights to be heard How do we protect children in conflict with the Law?

 No death penalty for acts committed by children.  No life sentences without the chance parole for children  Detention is a last resort and for the shortest period possible  Juveniles in detention must be accommodated separately from adults  Children, too, have a right to a fair trial  Judges, lawyers and other officials who deal with children in conflict with the law must be trained to know the rights and needs of children  Violence against children is never acceptable, including as a disciplinary measure. International human rights standard :-

How does ACWC plays its role in protecting children in ASEAN ?  Regional oriented activities - implemented in AMS  Setting performance standards in line with international standard  Sharing of good practices  Formulating regional plan of action  Establishment of Network of Social Services Agencies (NOSSA) - capacity building, data exchange, best practices

 ASEAN Declaration on the elimination of violence against women and elimination of violence against children- approved by leaders in 2013 at Bandar Seri Begawan, Brunei  Regional Plan of Action on the Elimination of Violence against Children  Activities under ACWC’s Work plan ACWC efforts in promoting and protecting rights of children

 Review of legislations, national plans and other national mechanisms  Compilation of best practices in ASEAN countries  Review of existing practices in the treatment and management of child victims of trafficking  Comprehensive and integrative approach for children in need of special protection  Setting performance standard for children with disabilities  Integrative child protection system ACWC activities under the Work Plan of focusing on children

 Social impact of climate change on children  Social impact of reproductive health on children  Performance standard in early education  Harmful religious and cultural practices on children  Awareness campaign on VAC ACWC activities under the Work Plan of focusing on children

 Limited resources – human and financial  Representatives are not full- time  ASEAN work on consensus Challenges

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