Feminisation of Migration

Women migrant workers account for more than half of the 50 million migrant workers in Asia alone. And domestic labour account for nearly one third of all female employment in Asia Pacific. Since domestic work is received as an extension of housework, it is seen as least valued in the region and thus, women domestic workers are excluded from the current development framework and are marginalised in terms of salary, benefits and protection.

Migrant Workers’ Rights, Human Rights

The essence of labour migration challenge the traditional labour laws and raise the question of whether should the same national laws and protection mechanism be extended to foreign workers. But human rights of migrant workers should not derive from nationality and cross-border nature of their labour, but from their humanity. This universality is established under international laws and standards promulgated by the United Nations (UN), International Labour Organisation (ILO), World Health Organisation (WHO) and other international and regional bodies. States are responsible for protecting the human rights of migrants, whether the migrants are citizens or foreign workers, passing through the country in transit to another location or expecting to reside within the country for employment.

Resistance Against Migration for Development Paradigm that do not benefit migrant workers

On this day of migrant workers, APWLD

The MANILAKBAYAN movement consist of series of fora and activities to raise awareness of the large scale mining-related human rights violations in Mindanao since June 2010; advocate for the stopping of killings; and demand justice for the people. Against the threats to land and life, Mindanao peoples– Lumads, Moro and settlers– continue the valiant commitment to defend their rights resisting Goliaths of plunder and terror driven by corporate mining.

On 10 December 2012, a big march commemorating the International Human Rights Day will be conducted to further

• raise the calls to stop the killings brought by large-scale mining, press accountability of the companies and the state responsible for the attacks on environment advocates and communities;
• bring to the attention of the national government and the public at-large issue of the human rights impact of large-scale mining through public forums, media interviews, and mobilisation activities;
• influence policy through lobbying to relevant government agencies, congress, and international bodies regarding EO 79, Mining Act of 1995, the creation of the Investment Defense Force, and other laws related to mining and human rights; and
• build a national support network for and strengthen the national campaign in defense of environmental defenders and communities under attack.

Standing in solidarity with its network and sisters in their struggle to defend their human rights, Asia Pacific Forum on Women, Law and Development (APWLD) ask you to show your support. You can join the Alliance’s upcoming activities or send an appeal letter to the authorities of the Philippines.

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For more background information, click here

To take action, click here

Women Human Rights Defenders continue to face threats, harassment and even murder for who they are and what they do. Women and men who defend women’s human rights, who promote the voice of marginalised women and challenge inequalities and exploitation risk their lives for justice, peace and equality.

APWLD has noted increasing attacks on women involved in the defence of more equal and just development. Women are often at the forefront of work to defend land rights and promote economic justice.  Often ascribed the role of sustaining the family and caring for children, women have even more to lose when forcibly evicted and displaced from lands. When they speak out they are attacked both for challenging the powerful as well as challenging the notion that women should not have a political voice.

CASE STUDIES:

On October  18  Juvy Capion, an indigenous, pregnant woman human rights defender was murdered in her home together with her two children.  Juvy led indigenous peoples in the struggle to keep their ancestral lands against  from being mined by Australian mining company SMI-Xstrata with the support of the Philippines Government.  Today we call for Justice for Juvy.

In May this year 13 Cambodian women were violently arrested while singing songs about land rights. Within three days the women were convicted and sentenced to 2.5 years prison. While they were released on appeal their convictions were not overturned and the women remain forcibly evicted from their homes in Boeung Kak Lake without promised compensation and resettlement.

Also in May, women were assaulted and evicted from their homes in Paga Hill, Port Moresby, PNG and former Member of Parliament, Dame Carol Kidu, was prevented from defending them by police. “A policeman in civilian clothes came towards me, slapped me first, then punched me and I fell to the ground. I cried and crawled towards the bulldowzer, I held the wheels and said if you kill my house you are killing me so I might as well die with my house” said Grace Gereva who was being evicted.

APWLD calls on States to:
Demonstrate their commitment to women human rights defenders today by committing to

1. Recognise the central role of marginalised women in all development policies and decisions. Commit to establishing space at all levels : local, national, regional and international where women can exercise democratic rights to be part of decision making processes. Commit to 40% quota for women in all stakeholder processes in the post2015 development framework and establish national multistakeholder platforms where women’s organisations are present.
2. Recognise the importance of land rights and the detrimental impact of landgrabbing on women’s rights. Commit to the inclusion of a land access goal in the post 2015 development agenda with a gender indicator.

[1] The International Day for Women Human Rights Defenders is marked by organisations committed to advancing the rights of women human rights defenders. APWLD is a founding member of the Women Human Rights Defenders International Coalition who instigated the day.

It is designed to show the world the collective strength, numbers and solidarity of women across the regions. On 14 February 2013, activists across the world will walk, dance and strike to raise the awareness on VAW. APWLD’s members and network in the region  have been mobilising the movement to end all forms of violence against women.

In solidarity with our international sisters, APWLD invite you to join and own this movement as we call for one billion world citizens to stand up and demand an end to violence against women. You can rise by:

• Send a letter to your local lawmakers demanding for the prioritisation on legislations that protects women from violence
• Spread the words about ONE BILLION RISING and organise or engage in discussions on ways to address violence against women in your community
• Change your Facebook profile picture to ONE BILLION RISING logo and organise online social gathering
• Join your local movement to Strike, Dance and Rise!

“Violence against women knows no borders. It is experienced by women from across the globe regardless of their status or background. APWLD, as part of the women’s movements have stand together with our sisters in the region in the struggle to end violence against women for decades. We call on our network and sisters to support this RISING,” comments Kate Lappin, Regional Coordinator of APWLD.

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Click here to learn more about ONE BILLION RISING.

Watch V-Day’s video on ONE BILLION RISING here.

See our network and members’ One Billion Rising Movement:

One Billion Rising Pacific

One Billion Rising Philippines

One Billion Rising Cambodia

One Billion Rising Indonesia

One Billion Rising Bangladesh

One Billion Rising India

One Billion Rising Sri Lanka

One Billion Rising Nepal

One Billion Rising Pakistan

One Billion Rising South Asia

Account of the Incident:

On October 19, 2012, at around 6 am, soldiers of the 27th Infantry Battalion of the Phil. Army went to the house of Juvy and Dagil Capion and strafed the family residence.  Killed were Juvy, who was two months pregnant, and their two sons Jorge and Jan-jan, while their daughter Vicky was wounded.  Dagil, who was at their farm at the time of attack, was also wounded, but managed to escape. The soldiers were under the command of Lt. Col Noel Alexis Bravo. After the massacre, the soldiers brought the bodies of Juvy and her sons outside the house to be exposed for eight hours.  At 3 pm, the soldiers finally allowed the victims’ relatives to get the remains. Juvy was a women human rights defender and a member of Kalgad, a local Lumad organization that has taken a strong anti-mining stance, particularly against the large-scale mining of Xstrata’s Sagittarius Mines Inc. (SMI) that had targeted the rich gold and copper deposits in South Cotabato.  Her family had been targeted by the military for their active roles in leading the B’laan tribe against the entry of Xstrata-SMI’s Tampakan mining project.

Recommended Action:

Send letters, emails or fax messages calling for:

1. The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will look into the massacre and desecration of remains of Juvy Capion and her sons Jan-jan and Jorge, and the frustrated killing of her daughter Vicky and husband Dagil.

2. The military to stop the labeling and targeting of human rights defenders as “members of front organizations of the communists” and “enemies of the state.”

3. The Philippine Government to withdraw its counterinsurgency program Oplan Bayanihan, which victimizes innocent and unarmed civilians

4. The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of these instruments’ provisions.

Please send your communications to:

1) H.E. Benigno C. Aquino III, President of the Republic, Malacañang Palace,J P Laurel St., San MiguelManila Philippines, Voice: (+632) 564 1451 to 80, Fax: (+632) 742-1641 / 929-3968, E-mail: corres@op.gov.ph / opnet@ops.gov.ph

2) Sec. Teresita Quintos-Deles, Presidential Adviser on the Peace Process, Office of the Presidential Adviser on the Peace Process (OPAPP), 7th Floor Agustin Building IEmerald Avenue Pasig City 1605, Voice:+63 (2) 636 0701 to 066, Fax:+63 (2) 638 2216o, Email: sec@opapp.gov.ph3

3) Ret. Lt. Gen. Voltaire T. Gazmin, Secretary, Department of National Defense, Room 301 DND Building, Camp Emilio Aguinaldo,E. de los Santos Avenue, Quezon City, Voice:+63(2) 911-9281 / 911-0488, Fax:+63(2) 911 6213, Email: osnd@philonline.com

4) Atty. Leila De Lima, Secretary, Department of Justice, Padre Faura St., Manila, Direct Line 521-8344; 5213721, Trunkline  523-84-81 loc.214, Fax: (+632) 521-1614, Email:  soj@doj.gov.ph

5) Hon.  Loretta Ann P. Rosales, Chairperson, Commission on Human Rights, SAAC Bldg., UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Voice: (+632) 928-5655, 926-6188, Fax: (+632) 929 0102, Email: chair.rosales.chr@gmail.com, lorettann@gmail.com

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For more information, click here.

We urge Phnom Penh Municipal Court to immediately grant the women provisional release. Unless independent and impartial judicial investigations conducted according to international fair trial standards demonstrate the existence of sufficient, credible evidence that the women have committed recognizable criminal offences, the cases against them must be dropped.

We are concerned that the legal actions against Bopha and Sakmony were very likely motivated by their involvement in protests and campaigns on behalf of the land and housing rights of the Boeung Kak and Borei Keila communities.

See our Joint Statement

As AICHR is near finalising ASEAN Human Rights Declaration (AHRD), there are still many reasons for us to worry. There is a high chance for the term “public morality” to be used as a limitation of human rights. There is also no assurance that women’s human rights especially those around sexual and reproductive health and rights, sexual orientation and gender identity, rights in marriage and family life and freedom of movement and citizenship, will be recognized.

The ASEAN Intergovernmental Commission on Human Rights (AICHR) is the body tasked to produce the AHRD. The AHRD is set to be approved in November 2012.

Anita (a victim of domestic violence) has been facing threats and attacks from her husband and her family ever since she filed for divorce, after living through domestic violence for three years. WOREC & Mitini Nepal have been defending and providing assistance to Anita and her 10 years old daughter.

The Asian Human Rights Commission has drafted an appeal letter on behalf of our network members, WOREC Nepal & Mitini Nepal. We need your urgent endorsement. Click here to send the letter to the authorities to ask for their intervention in this case.

16 August, 2012:

Thailand has committed to non-discrimination and has ratified CEDAW. Yet the proposed guideline which includes sending home pregnant migrant workers is discriminatory. Working women should be entitled to paid maternity leave, not forced to stop work and return to their country. They would not be able to survive financially, and they may not be able to reclaim their jobs, nor additional expenses related to travel and recruitment fees, upon their return to Thailand. Migrant women would also be fearful of accessing health services and this would undermine the efforts of the Thai Ministry of Public Health to provide family planning services to migrants.

The Permanent Secretary to the Minister of Labour acknowledged a strong backlash from civil society and said the ministry was reconsidering plans aimed at keeping migrant children out of the factories their parents worked in. APWLD sent a letter raising concerns and a request for more information to the Labour Minister after the proposal was announced. APWLD also seeks information on any other proposals being put forth by the Labour Ministry to address trafficking and urges the Thai government to ensure that the labour rights of migrant workers are not undermined by protection measures aimed at curbing trafficking.

The government proposal was a response to the US State Department’s classification of Thailand in the “Tier 2 Watch List”, identifying countries whose governments do not fully comply with the Trafficking Victims Protection Act minimum standards. The recent report looks at the trafficking of people in Thailand into forced prostitution, forced begging, and forced labour, especially in the fishing industry, domestic work, and factories.

“Trafficking, especially of women and girls, will not be solved or even decreased by sending pregnant migrant workers home. Instead it will expose them to increased risks of exploitation, marginalisation and health risks”, said Kate Lappin, APWLD’s Regional Coordinator.

We encourage the Thai Government to work with civil society to develop more meaningful strategies to address trafficking and advance progress to ensure migrant workers rights are protected.

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For further information, please contact Sarah Matsushita, Information and Communications Officer at sarah@apwld.org.

Recent articles:

25 July 2012- The Phnom Penh Post- Thai Government reconsiders deportation

26 June 2012- Bangkok Post- Pregnant migrants to be sent back home

19 July 2012:

APWLD is particularly concerned about gender-specific violations and threats towards Ms. Sreenevasan by both State and non-state actors. Ms. Sreenevasan has been facing threats since 2011, and the harassment is now intensifying as she is being subjected to threats at her private home, calls for her death and deprivation of her citizenship, from a local politician and other group leaders.

Ms. Sreenevasan and Abdul Samad Said are the co-chairs of the civil society movement, the Coalition for Free and Fair Elections (known as BERSIH). BERSIH is a coalition of 84 non-government organisations unaffiliated to any political party (http://bersih.org). While both co-chairs have been publicly vocal leaders of the BERSIH movement, only Ms. Sreenevasan has been the target of escalating harassment and attacks which focus on her gender and her ethnicity and religion.

Threats and harassment include those committed in early May 2012, where images of Ms. Sreenevasan were burned at gatherings of local groups opposed to the activism of BERSIH. The exterior of her home was damaged, with protestors shouting “Go to hell Ambiga, go to hell you Hindu infidel”. She has been referred to as “the anti-Christ for Muslims” in quotes in newspapers. When asked why they were targeting Ambiga specifically, and not BERSIH co-chair Abdul Samad Said, chairman of the group Jamal Md Yunus replied “Kita lihat, kita suka Ambiga. Dan kita lihat dia ini lebih cantik daripada orang lain. Kami minat dengan dia. Kita suka tengok dia” (“We like Ambiga. She is prettier than other people. We take interest with her. We like to see her.).[1] She has also recently been subjected to sexual harassment by members of Malay Armed Forces Veterans Association (PVTM) who conducted “bottoms exercises” 15 May outside her home. On 26 June, a local politician publicly called for her to be hanged for her “treasonous” act of organising the 28 April rally for free and fair elections. Ambiga’s activism in defence of human rights and fundamental freedoms of LGBTIs render another justification for threats against her. A prominent political party leader made a clear remark that as Muslims they will declare a war against Ambiga’s activism and not keep their mouths shut. On 1 July, Ambiga confirmed to the media that she has received an email advising her to be careful. It was reported that the email allegedly said, “Beware hired guns out to kill you”, and claimed that a particular group had contracted two thugs to “terminate” her.

Please see the attachments for a summary of threats against her.

APWLD, as a member of Women Human Rights Defenders International Coalition, notes with grave concern how threats and violations against Ambiga are sexualised and multiplied based on her intersecting identities – gender, religion and a firm belief on universal human rights for all.

APWLD strongly condemns any threats and intimidation of Ms. Sreenevasan as a woman human rights defender and as a woman of a religious minority in Malaysia. We call on the Government of Malaysia to:

• Acknowledge the work of Ambiga Sreenevasan as a woman human rights defender and provide full protection to her family, and any other human rights defenders under threat.
• Immediately conduct a comprehensive investigation into the threats against Ms. Sreenevasan and take action to the fullest extent of the law against those responsible.
• Ensure the human rights, freedoms and security afforded to her and her family under the Universal Declaration of Human Rights, which guarantees fundamental freedoms, including freedom of religion, assembly, association and expression.

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Organisations endorsing our statement

Women Human Rights Defenders International Coalition

Association for Women’s Rights in Development (AWID)

Coalition of African Lesbians (CAL)

Center for Women’s Global Leadership (CWGL)

Forum-Asia

Front Line Defenders

INFORM, Sri Lanka

National Alliance of Women Human Rights Defenders (NAWHRD) Nepal

Sri Lanka Human Rights Defender Network

Urgent Action Fund for Women’s Human Rights

Women’s Rehabilitation Centre (WOREC)

Annexes:

Summary of threats against Ambiga Sreenevasan 2011- 2012

Attacks and threats against Ambiga Sreenevasan in 2012

APWLD is Asia Pacific’s leading feminist, membership driven network. We hold consultative status with the Economic and Social Council of the United Nations. Our 180 members represent groups of diverse women from 25 countries in the region. For 25 years APWLD has been empowering women to use law as an instrument of change for equality, justice, peace and development. We use research, training, advocacy and activism to claim and strengthen women’s human rights.

More info on the Bersih website