1. Regional Dialogue with SEA NHRIs and ASEAN Human Rights Mechanisms
4-6 November 2013

2. Asia Pacific Forum of National Human Rights Institutions (APF)
What is the APF?
What are the features & powers of a NHRI (human rights commission)?
Recent developments in relation to the APF members working to promote and protect women and girls human rights.
2 case studies – Maldives and Afghanistan Human Rights Commissions: recent examples of how they have used their powers of amicus curiae ‘friend of the court’ and ‘national inquiry’ to promote and protect women’s rights.

3. Asia Pacific Forum of National Human Rights Institutions (APF)
Set up in 1996 (2 of the 5 founding member NHRIs were Indonesia & Philippines)
Regional membership organisation made up of 21 national human rights institutions. It is not an intergovernmental body – its members are NHRIs, not governments or NGOs, or individuals.
Forum for cooperation, coordination and mutual support - seeks to promote and protect human rights in the region through its membership.

4. APF Membership

5. APF membership – 21 members
NHRIs
NHRIs
Afghanistan
Australia
Bangladesh
India
Indonesia
Jordan
Korea
Maldives
Malaysia
Mongolia
Myanmar
Nepal
New Zealand
Oman

6. APF Membership - 21 Palestine Philippines Qatar Samoa Sri Lanka
Thailand
Timor-Leste
SEA NHRIs: Indonesia, Malaysia, Myanmar, Philippines, Thailand, Timor-Leste.

7. APF role and functions
We assist Governments and NGOs to set up and strengthen national human rights institutions.
(legal advice, drafting instructions, advice on Paris Principles and good practice legislation. This also includes advice on provisions regarding gender equity in terms of composition of NHRIs)
We support and work with our members to strengthen their knowledge and skills.
(by providing skill and knowledge training specific to NHRIs on investigations, prevention of torture, migrant workers, the international HR system and soon on women and girls human rights; peer to peer networks of support, capacity self-assessments, high level dialogues with commissioners).

8. APF role and functions
We promote cooperation on human rights issues at sub-regional, regional and international level.
(roundtables and dialogues e.g. on prevention of trafficking, reproductive rights, sexual orientation and gender identity).
We engage with UN human rights mechanisms
(e.g. Human Rights Council, Commission on the Status of Women)

9. Key features of NHRIs
Independent human rights bodies set up by national law and/or constitution.
Broad mandate that relates to universal human rights standards (jurisdiction across all grounds (race, sex, age, ethnicity) and not focused on one specific area.
Legislated with adequate powers and financial resources.
Pluralistic (or representative) composition of commissioners and staff that broadly reflects society.
Should comply with the Paris Principles.

10. Functions of NHRIs relevant to women and girls human rights
Can deal with individual complaints.
Can to conduct own investigations (suo moto).
Can address systemic human rights issues (e.g. via national or public inquiries).
Can make recommendations to government on law, policies and practice.
Can refer investigations to independent prosecutors.

11. Functions of NHRIs relevant to women and girls human rights
Can intervene in court proceedings
Can act as amicus curiae.
Can undertake community education.
Can monitor government’s human rights obligations
All NHRI functions can be directed to addressing discrimination against women & promoting gender equality.

12. APF Members: promoting women and girls’ human rights: gender equality

13. Promoting women and girls’ human rights: recent key developments
CSW,
APF Gender Policy, 2011
APF Gender Focal Point, 2011

14. APF: promoting women and girls’ human rights: key developments
ICC Amman Declaration, 2012
APF Action Plan on Women and Girls, 2012
Case studies

15. APF and CSW
Commission on the Status of Women (CSW) is the most important UN body relating to women and children. Comprised of Member States. It develops policies and standard-setting (e.g. CEDAW and Beijing Platform for Action). It is attended by governments and ECOSOC-approved NGOs. NHRIs must be invited by governments. NHRIs do not have independent access to CSW like they do at the HRC.
APF NHRIs initiated and led coordination of international NHRI advocacy for the recognition and independent participation of NHRIs at CSW. NHRIs of Indonesia, Philippines and Thailand significant contributors to this campaign.

16. APF and CSW Not yet achieved formal recognition, however:
NHRIs are now recognised in CSW Agreed Conclusions as key players in promoting and protecting women’s rights.
Enhanced mutual understanding between CSW and NHRIs on their respective roles
Energised NHRIs to strategically focus on women and girls human rights internationally, regionally and domestically.

17. APF Gender Policy, 2011
APF NHRIs adopted Gender Policy in September 2011.
Policy commitment to integrate a gender perspective into all APF objectives, programs and activities. It sets a blueprint and a direction for the future.
A key feature - establishment of a Gender Focal Point within the APF secretariat.

18. APF Gender Focal Point
Not full time position, however is situated in a high level management role - the Deputy Director position. External and internal focus.
Coordinate, communicate and support APF NHRIs on gender integration and projects specific to women and girls human rights/gender equality (including the implementation of the APF Action Plan on Women and Girls) .

19. APF Gender Focal Point
Coordinate internal secretariat work to ensure incorporation of a gender perspective into the programming work of the APF.
New APF 5 year Strategic Plan (July 2014-June 2019) – will explicitly include gender as a ‘cross-cutting’ issue across all APF strategic objectives.
Annual Evaluation of our work including gender mainstreaming.

20. ICC Amman Declaration and Programme of Action, 2012
November International Coordinating Committee of National Institutions (ICC) held its 11th international conference in Amman, Jordan. Focus was on the human rights of women and girls. Issued the ‘Amman Declaration and Programme of Action’.
It is the first time since ICC’s establishment in 1993 that it had given women and girls’ human rights an exclusive and significant focus.
NHRIs from all around the world commit to Gender Equality and ending discrimination against women and children.

21. ICC Amman Declaration and Programme of Action, 2012
Sets out key principles and areas for action by NHRIs in relation to promoting and protecting the human rights of women and girls.
4 priority areas:
Political and public participation
Economic and social rights
Violence against women/girls
Health and reproductive rights

22. ICC Amman Declaration and Programme of Action, 2012
Important feature - ICC agreed to dedicate a session to the role of NHRIs in promoting and protecting women’s rights in its annual general meetings held in Geneva.
Each of the 4 regional networks of the ICC (Africa, Americas, Asia Pacific, Europe) were asked to develop their own regional action plans to complement the Amman Declaration and Programme of Action.

23. APF Action Plan on Women and Girls
APF NHRIs adopted its Action Plan on Women and Girls: Promoting Gender Equality in Amman, Jordan.
It is a regional framework that sets out a number of commitments that APF members have agreed to, such as:
Working closely with specialised commissions for women and children.
Engage with regional intergovernmental bodies – e.g. ASEAN Intergovernmental Commission on Human Rights (AICHR), the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), etc.

24. APF Action Plan on Women and Girls
Working closely with NGOs and civil society.
Agreed to report on their activities on women and girls each year at its annual meetings.
Strengthen institutional capacity by developing a manual and on-line training program ‘Promoting and Protecting the Human Rights of Women and Children: A Manual for NHRIs’.

25. APF Training on Women and Girls
Trial the training with our South Asian members in April 2014.
Training will focus on how NHRIs can use their mandates to promote and protect women and girls human rights. Some key areas of learning include:
International/regional legal and institutional frameworks for women’s rights.
How NHRIs can use their investigation, monitoring, advisory, amicus curiae functions to promote/protect women/girls human rights. Examine case studies.

26. APF Training on Women and Girls
How our members can integrate gender mainstreaming into their strategic planning and operations.
Training will have 3 special areas of focus:
Reproductive rights
Violence against women and girls
Migrant domestic workers
Participants will develop action plans to apply after the training.

27. NHRI Case Studies
Examples of two of our member NHRIs working in difficult country contexts using their mandates to promote and protect women and girls.
Maldives Commission using its amicus curiae (friend of court role) to overturn a flogging conviction against a girl.
Afghanistan Commission using its powers to conduct a national inquiry on rape and so-called ‘honour killings’.

28. Case Study - Maldives
Maldives Human Rights Commission. Use of Amicus Curiae role to Intervene in flogging case. As reported to APF 18, Doha, Qatar, October, 2013.

29. Case Study - Maldives
A 15 year old rape victim sentenced to flogging by Juvenile Court.
Her background was that she had been systematically raped by her stepfather from age 9 to 14.
Stepfather had also arranged for his friends to sexually abuse her. Girl became pregnant after birth the baby was murdered by stepfather and mother.
Police questioned girl and asked her if she had been ‘fornicating’. Not understanding the meaning or question she said ‘yes’.

30. Case Study - Maldives
Police sent the case to Prosecutor’s office and they decided to prosecute the girl for ‘fornication’. Went to Court and the girl was sentenced to flogging and house arrest for 8 months.
At the appeal the HRC provided submissions to the court and acted as ‘friend of court’. The flogging and house arrest decision was overturned.
The unique power of the HRC, along with the work of NGOs and international pressure played a critical role in the success of the appeal.

31. Case Study – Maldives
In his presentation of this case to APF 18, the Vice President of the Maldives Commission, Mr Ahmed Tholal, spoke of rising religious extremism impacting on women in that county. He said that
“while to the outside world, the Maldives is paradise on earth, to most Maldivian women, that paradise has long been lost”.

32. Case Study – Afghanistan

33. Case Study – Afghanistan
In 2013 Afghanistan Independent Human Rights Commission used its powers to conduct a national inquiry into sexual assault and so-called ‘honour killings’.

34. Case Study – Afghanistan
Dr Sima Samar, Chair of the AIHRC, spoke of misinterpretation of religious texts, coupled with a male dominant society which makes life very difficult for women and girls.
Women face systemic forms of violence (rape, forced prostitution, forced pregnancy, forced marriages, expulsions from home, restrictions on movement etc.)
Exacerbated by the context of armed conflict in the country.

35. Case Study – Afghanistan
The AIHRC used its powers to initiate a national inquiry on sexual assault and so called ‘honour killings’. It established 5 key goals:
Collect and analyse available data
Investigate cases of ‘honour killings’ and rape for referral to judicial offices.
Assess victims and future social implications
Raise public awareness
Recommend amendments to laws, policies and practices.

36. Case Study – Afghanistan
Sought broad public involvement in the national inquiry, especially the participation of women affected by violence.
Documented 124 cases of violence against women, 41 cases of killings and 83 cases of rape.
Conducted interviews with women and perpetrators (often in detention centres)

37. Case Study – Afghanistan
organised focus groups and public hearings in provinces and at national level.
It found:
‘Justifications’ for ‘honour’ killings included women allegedly having sexual relationships outside of marriage; female victims of sexual assault killed for ‘dishonouring’ family; running away from home to escape forced marriage or violence.

38. Case Study – Afghanistan
35% of perpetrators were family members; 14.6% were police.
Report identified a wide range of cultural, legal, social, economic and psychological causes for the high level and multiple expressions of violence against women and girls.
AIHRC made a wide range of recommendations including the examples below:

39. Case Study – Afghanistan
Promoting human attitudes toward women based on the equality and dignity of both women and men and eliminate negative stereotypes and degrading beliefs toward women.
Implementation of the Law on the Elimination of Violence against Women.
Criminalisation of ‘honour’ killings as a murder; and appropriate punishment for perpetrators of such crimes.
Review and amendment of laws that are in conflict with the human rights of women in accordance with the constitution and international human rights instruments.

40. Conclusion
Case studies highlight the difficult political-economic-social context with which some of our members operate in.
Depth of violations toward women and girls.
Provide important examples of human rights commissions unique powers & functions.
Showcases what our members are doing, as a collective: APF members have set in place policy and institutional settings, including an action plan, to ensure women and girls’ human rights and gender equality are fully integrated into APF work.

41. Conclusion
Challenges will persist for our members – such as limited funds, capacity gaps, decisions on priorities, difficult and complex national contexts.
Recent international (Amman Declaration) and regional (APF Action Plan) frameworks will help guide NHRIs. APF commits to practical support to enhance capacity.
Challenges can only be met by working to establish strategic, constructive partnerships with other NHRIs, UN agencies, regional human rights mechanisms, NGOs, civil society.

42. More information Website
YouTube Channel
(includes interview with NHRIs and Experts on the role of NHRIs in promoting and protecting women’s human rights).
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43. More information
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