National Consultation on ASEAN Structures and Processes Tuesday 15 September 2009 Shah’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  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)

Civil society engagement with ASEAN 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

Civil society engagement with ASEAN Solidarity for Asian Peoples’ Advocacy (SAPA) Task Force on ASEAN and Human Rights  National and thematic focal points  Consultations/Meetings  Statements

Civil society engagement with ASEAN 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 countries Regional 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, Kuala Lumpur Malaysia Tel: (603) Fax: (603) / Website: