1. ASEAN HUMAN RIGHTS MECHANISMS
YUYUN WAHYUNINGRUM
FORUM-ASIA
SAPA TASK FORCE ON ASEAN & HUMAN RIGHTS

2. ASEAN Coordinating Council
ASEAN Integration 2015
Blue Print & Community
Economic
Political Security
Socio-Cultural
ASEAN Economic Community Council
ASEAN Security Community Council
ASEAN Socio-Cultural Community Council
ASEAN Inter-governmental Commission on Human Rights (AICHR)
ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)
ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW)
ASEAN Coordinating Council

3. Current Status
AICHR
TOR is adopted on 20 July 2009, launched in Oct 2009 during the 15th ASEAN Summit
August-October: Drafting the Political Declaration to the TOR AICHR, Appointment process of the Reps at the national level
Will start operate on January 2010 onwards
ACWC
Working Group is established consists of 20 reps of members states
3rd Meeting of the TOR ACWC, August 2009, Bangkok, Thailand
Zero draft of TOR was drafted by Philippines and Thailand
1st draft is scheduled to be submitted to ACW (ASEAN Committee on women) on October 2009 and last draft will be submitted on the 1st Quarter on 2010
ACMW
Drafting team was established, consists of 2 sending countries (Indonesia and Philippines) and 2 receiving countries (Malaysia & Singapore)
Sending countries are drafting the first draft to be discussed with receiving countries
Drafting team will present the draft to the 2nd meeting of the ACMW ON September 2009, Chiang Rai, Thailand

4. AICHR – Background & Process
Article 14 – ASEAN Charter
High Level Panel – 12 members, chaired by Thailand
Monthly meeting, July 08 – July 09
First draft was submitted to ASEAN FMs during 14th ASEAN Summit, Hua Hin, Feb 2009
Final draft was adopted during the 42nd ASEAN Ministerial Meetings, Phuket, 20 July 2009
HLP to draft ‘political declaration’ as guidance to the TOR AICHR
TOR, Political Declaration & Members will be announced in 15th ASEAN Summit, Phuket, Oct 2009

5. Current Status: Aug-Oct 2009
CS will be invited to the 3rd interface meeting with HLP on 28 Aug 2009.
HLP’s 1st meeting will be in Jakarta, Aug 2009
POLITICAL DECLARATION
Venue: ASEAN Sec
Indonesia, Thailand, Malaysia, Philippines and Cambodia committed to have a national process
Indonesia and Thailand had publicly announce the commitment on national process
APPOINTMENT OF REPS

6. TOR AICHR ‘Promotion First, Protection Later’ Formula
Full of vague wording, multi-interpretation
Adopt the evolutionary approach to the development of the HR norms and standards
Mandate & function: 12 promotion, 2 protection: Art. 4.10, Art. 4.12
No guarantee of independence and effectiveness of the AICHR – appointment, removal, mandate, financial autonomy, secretariat

7. Important Articles
Art. 4.6 – promote the full implementation of ASEAN Instruments related HR, i.e: ASEAN Declaration on the elimination against women
Art. 4.8 & Art. 4.9 – to ensure children’s voices to be heard
Art – obtain information
Art – thematic reports
Art. 6.6 – annual meeting of AICHR
Art. 6.8 – Overarching HR institution
Art. 7.1 – SG role to attract AICHR’s attention
Art. 9.6 – Review 5 years

8. AICHR – What body is this?
Inter-governmental, consultative, toothless (less protection)
10 members from 10 member states for 3 years, the chair of AICHR is the chair of ASEAN
Reps are accountable to appointing government (Art. 5.2), can be replaced anytime (Art.5.6), shall act impartially according to the ASEAN Charter and TOR (Art.5.7)
Decision making: consultation & consensus
Members meet twice a days
Submit report to FMs annually
Art 6.8 AICHR is an overarching body
Art The AICHR to expeditiously determine the modalities for the ultimate alignment with the AICHR
ASEAN Sec to provide secretariat & finance support to AICHR. Member states can second their staff too to AICHR

9. Civil Society Involvement
engaged HLP since it was firstly established in July 2008 up to now
From : 16 national consultations and 6 regional consultations from 9 countries and different thematic issues
3 inputs had been submitted to the HLP and 1 submission was sent to the Australian Parliament
National, regional and international lobby activities were conducted
2 interface meetings with HLP
A coordination meeting with other groups was conducted to see a commonalities of the inputs

10. Civil Society Involvement
Public Campaign – T-Shirt, Posters, Postcard, stickers, letters,
Mobilization – open letters, signatures, simultaneous press conferences
Media Campaign – 150 media coverage (during AMM), 97 media coverage (ASEAN Summit)
Clear message is well known: ASEAN human rights commission with TEETH!: Accountable, Independent, Effective

11. Next Steps
AUG – OCT 2009:
Provide Civil Society’s inputs to the Political Declaration
Engage and influence the national processes of the appointment of the members
NOV 2009 onwards
Provide inputs on drafting the rules and procedures of the TOR
JAN 2010 onwards
Engage in the process of developing the ASEAN HR declaration & ASEAN Conventions

12. SAPA TFAHR – to make the body can grow the teeth …
push for CS FORUM to the Annual Meeting of AICHR
organize the annual meeting to provide 2 annual reports on: 1) human rights situation in ASEAN, and 2) the performance of the AICHR (hold ASEAN government accountable to their initiative) – start
Use the reports as basis to amend or review the AICHR’s work performance after 5 years
TOT, National Trainings for AICHR advocacy
Improve media advocacy and strategy

13. ASEAN Commission on the promotion and protection of the rights of women and children (ACWC)

14. ACWC - Background
Vientiane Action Programme (VAP) is replaced by Hua Hin Declaration on the Roadmap for the ASEAN community ( )
The Hua Hin declaration reiterated the establishment of the ACWC as an important measure to ensure equitable development for women and children in the ASEAN region
All ASEAN member States are parties to the Convention on Elimination of all forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of Children (CRC)

15. ACWC - What has been Done?
The ASEAN Committee on Women (ACW) and the ASEAN Senior Officials Meeting on Social Welfare and Development (SOMSWD) responsible for implementing of the APSC and the ASCC Blueprints, have taken the following steps:
April 8, Convened the Joint Roundtable discussion among ACW, SOMSWD and the ASEAN Standing Committee(ASC) in Jakarta, which discussed the possible elements and modalities of the ACWC
The JRD came up with the recommendations for consideration of the ACW and SOMSWD

16. ACWC - What has been Done?
At the Joint Session of the ACW and the SOMSWD in Hanoi, Vietnam on October 22-23, 2008 – Agreed to set up a working group to study and propose recommendations on the establishment of the ACWC
CSOs were invited at the joint session of the ACW and SOMSWD, in Manila on April 29, A representative from the CSOs spoke on the work of the CSOs in the ASEAN region

17. ACW & AMMSWD
ASEAN Commission on Women (ACW) is an ASEAN sectoral body that oversees regional cooperation on the advancement of women, gender equality, and elimination of all forms of violence against women in line with the CEDAW principles.
AMMSWD & Senior Officials Meeting on Social Welfare and Development (SOMSWD) is an ASEAN sectoral body that oversees regional cooperation on social welfare, family and children

18. Aims
1.Reduce the social risks and raise the standard of living of marginalized groups, including children, women, elderly and persons with disabilities,
2.Increase effective participation of family, civil society and private sector in tackling poverty and improving social welfare
ASEAN cooperation on children is in line with the CRC principles
Both ACW and AMMSWD are under the socio- cultural pillar of the ASEAN Community

19. Civil Society’s Involvement
The Caucus on Women and Children on ASEAN human rights mechanisms, Jakarta, 4 August 2008
2nd Regional Consultation on ASEAN and Human Rights, Jakarta, 5-7 August 2008
Regional Consultation for women and children organizations on AHRB & ACWC, 5-7 September 2008
Follow up Consultation, Manila, November 2008
2nd Interface meeting with HLP, March 2009
meeting Expert Dialogue with the 3 Regional HR mechanisms, Jakarta, 4-5 May 2009
Regional Consultation on ACWC, Jakarta, 7-8 May 2009

20. Civil Society’s Involvement
Focal point of child rights in the SAPA Task Force on ASEAN and Human Rights
Plan of Action 2008, 2009
Inputs from child rights organizations to the WG ACWC
2 national consultations (CSO, NGO, DSWD, academe) on ACWC – Guiding Principles
Lobby meetings in Philippines, Indonesia
Statement from child rights group on AICHR
Statement from child rights group on ACWC

21. TOR ACWC – Contentious Issues
The inclusion of the word ‘Human Rights’
Protection mandates
The independence of the body, appointment of its members (there is an issue of calling them as ‘experts’ or ‘representatives’)
‘Integrated’ or ‘aligned’ to the AICHR?  
The line of reporting of the ACWC

22. ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW)

23. ACMW – Process
(2004 VAP) – “elaboration of an ASEAN instrument of the protection and promotion of the rights of migrant workers.”, which is replaced by the ASEAN Socio-Cultural Community (ASCC) Blueprint, 14th ASEAN Summit, Cha-am, Thailand
ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, 12th ASEAN Summit, January 2007 at Cebu, Philippines

24. ASEAN Declaration
General principles:
National laws and policies precede over human rights
Undocumented MWs
Commitments:
Task the relevant ASEAN bodies to follow up on the Declaration and to develop an ASEAN instrument on the protection and promotion of the rights of MWs

25. ACMW
AMM, 30 July 2007, Manila - ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW)
Purpose/functions
To ensure effective implementation of the commitments made under the Declaration
Facilitate/work towards the development of an ASEAN instrument on MWs
Composition: 10 member states

26. ACMW – Drafting Committee
Drafting Committee: 2 sending countries (Indonesia and the Philippines) and 2 receiving countries (Malaysia and Thailand)
1st meeting in Thailand
2nd meeting on in June, Bali 2009
TOR/work plan of the DT adopted
Indonesia/Philippines to draft
“Zero Draft” – preamble, Scope, Obligation of the ASEAN countries, Consultation and evaluation mechanism, General provisions

27. ASEAN Forum on Migrant and Labor
ASCC Section C2.ii “institutionalize and convene on a regular basis the ASEAN Forum on Migrant and Labor as a platform for broad-based discussions on migrant labor issues under the auspices of the ACMW”
3rd Forum will be in April 2010 in Vietnam

28. Civil Society’s Involvement
8 CSO national consultations, 8 CSO regional consultations from in 8 countries in ASEAN
192 CSO Recommendations for the Framework Instruments
Lobby national and ASEAN governments

29. TFASEAN Migrant Workers www.workersconnection.org
Civil Society’s Framework Instrument
Obligations of labor receiving countries
Joint obligations of labor sending and labor receiving states
Obligations of labor sending countries
Commitments by ASEAN

30. Thanks!