Media Statement
8 April 2013

On 6-8 April 2013, Southeast Asia Women Caucus on ASEAN (Women’s Caucus) participated in the ASEAN Civil Society Conference/ ASEAN People’s Forum (ACSC/APF) 2013 held in Brunei Darussalam with the theme “ASEAN: Building Our Future Together.”

According to the Women’s Caucus, as ASEAN aims to achieve a regional integration by 2015, ”One ASEAN Community” is possible only when people have a meaningful say in determining their own future. Women demand an ASEAN future that is firmly based on human rights and truly transformative, democratic and sustainable where women, girls and the most marginalized have the greatest voice.

Women’s Caucus organised a panel discussion on the situation of women domestic workers in the ASEAN region where three domestic workers also shared their stories. The panel demonstrated that access to justice has been elusive to a number of Filipina and Indonesian domestic workers in Brunei who have yet to obtain justice for discriminatory labour practices and gender-based discrimination and violence. “A contract is just a piece of paper,” said a returning Filipina domestic worker interviewed for the research who suffered abuse and violation of her rights. For three years now, an Indonesian domestic worker’s demand for her unpaid wages is yet to receive justice in the Bruneian court. With no work for three years, she is unable to support her families back home.

In Asia, domestic work is the single largest form of employment for women with little to no labour rights protection because there is no legal recognition of domestic work as work in most countries in the region. Research conducted by the Women’s Caucus shows that women domestic workers want a future where they can enjoy their rights to decent work and living wage, communicate and access information, live with dignity, access to justice and free mobility.

“The economic growth model of development has only resulted in the concentration of wealth to a small minority. Migration for employment often becomes the only option for many women in Southeast Asia. Majority of women migrant workers engage in domestic work, which is a continuation of women’s gendered role at home and in communities. They receive poverty wages (less than USD 1 per hour) while they often struggle with non-payment of their wages. There should be a measure for both policy and implementation to protect the fundamental human rights and freedoms of domestic workers,” said Dinda Nuur Annisaa Yura from Solidaritas Perempuan, Indonesia.

Policy coherence that is centered around human rights was emphasised. “ASEAN member states especially Brunei, Indonesia and Philippine governments are called upon to recognise domestic work as work. There is still no multilateral framework at the level of ASEAN that lays the basis and the standard for member states to adhere to in the promotion and protection of the rights of domestic workers. The human rights bodies in ASEAN should strive towards protecting the rights of all migrant workers particularly domestic workers and undocumented migrants. We call on ASEAN to establish a mechanism that shall facilitate women domestic workers’ access to justice and provide redress, remedies and other support services for those whose rights have been violated,” said Chang Jordan of Women’s Legal and Human Rights Bureau (WLB), Philippines.

“Domestic workers, women human rights defenders and others who are most vulnerable to human rights violations, poverty, violence and discrimination should have a safe space given a voice in ASEAN. Policy makers must listen to them, and it is our responsibility as people’s movements to deliver their voices and recommendations to our political leaders”, says Nur Judy Abdullah, Council on Social Welfare, Brunei Darussalam.

Participants noted many similar struggles of women across the region such as: increasing use of women as cheap labour; militarisation and conflicts that fuel violence against women; multiple forms of discrimination due to women’s intersecting identities such as women with disability, indigenous women and women of diverse sexual orientation and gender identity; lack of control over women’s body to restrict women’s sexual and reproductive rights; and the exclusion of women in decision-making. “Women’s movement and transformative leadership has a crucial role and contribution and is growing in strength day after day. We demand that the governments in all ASEAN place women’s rights and women’s democratic participation at the centre of ASEAN’s work,” said Thida Khus of SILAKA, Cambodia.

The next ACSC/APF will be held in Burma/Myanmar in 2014, which this early is making not only the ASEAN but also the global community interested in having peoples’ gathering in a rapidly changing country. “We are thrilled to take the leadership of organising this important annual forum where people from Southeast Asia gather to discuss our visions and aspirations for the future we want. An ASEAN community that guarantees a space where our voice can be heard and women become active decision-makers at home, in communities, at the national level and globally.” Says May May Pyone of NGO Gender Group, Burma/ Myanmar.

For further information contact: apwld@apwld.org/ +66 53 284 527

“The Declaration makes rights subject to national laws, but national laws may discriminate against women and may not be fully compliant with international human rights standards. The Declaration also states that rights need to be ‘balanced’ with responsibilities which undermines existing commitments that ASEAN states are party to” she added.

The Caucus particularly denounced the inclusion of general limitations on rights premised on ‘public morality’, as being restrictive and a failure to uphold existing international obligations as well as other ASEAN declarations. “The idea that human rights can be limited to protect ‘public morality’ is really concerning” said Kate Lappin from the Asia Pacific Forum on Women, Law and Development.  “There is no definition of public morality in the Declaration to ensure it is interpreted progressively. Women in ASEAN still live in unequal societies, where culture and tradition dictate a lesser and differentiated status for women. Thus, notions of morality are most commonly used against women, to control women’s bodies and sexuality” she added.

Women’s rights and legal experts were consulted in the lead up to civil society submissions and all agreed that the subjective term ‘morality’ is an unnecessary and dangerous basis for limiting rights to be included in international law and is most likely to be used to limit the rights of women and marginalised groups.

Women’s groups campaigned to have the reference to public morality removed from the draft declaration.  Numerous international human rights groups and experts agreed that the public morality clause is an anachronism that doesn’t belong in a modern declaration on human rights.

It appears that the majority of the ten member states agreed with the women’s rights activists and supported its removal.  However  a few states one being Malaysia, a member of the Human Rights Council   strongly disagreed and insisted on the retention of the clause. “Allowing some states´ out dated concerns to prevail reduces ASEAN to a body striving for the lowest common denominator” said Ivy Josiah, Executive Director of Women’s Aid Organisation. She further added “consensus has its perils when the national interests of one member state triumph at the expense of universal human rights”.

The Women’s Caucus calls on all ASEAN states to ensure that the Declaration is interpreted progressively, without undermining the established universal principles and standards of human rights. ASEAN states will be held accountable in ensuring that the spirit and principles of the Declaration in no way negate the human rights and fundamental freedoms of the peoples of ASEAN as stated in Article 40 of the Declaration

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19^th November 2012, Chiang Mai, Thailand

For Media Contact: apwld[AT]apwld.org

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.

“Public morality” has been know to used as an excuse for States’ limitations on the rights of people. Traditional values usually under the name of morality have typically targeted gender, bodily integrity and the different identities of women and girls as subjects of control. In addition, the paper also notes that “public morality” has never been defined in international human rights standards.

The paper presents the compilation of the opinions of several feminist human rights and legal experts, including United Nations special mandate holders and the Convention on All Forms of Discrimination Against Women(CEDAW) Committee members and feminist activists on this issue, specifically in relation to ASEAN. There is a unanimous position among experts and advocates: they strongly recommend not to include morality clauses in the AHRD.

“Public morality concerns naturally fragments women.”- Yakin Erturk, UN Special Rapporteur on VAW

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Download the paper here

The 2^nd addendum urge AICHR to assure that the first human rights declaration of the region not only meet the international human rights standards (such as of Universal Declaration of Human Rights), but go beyond them to add value to existing international human rights standards. The submission also called for the deletion of “public morality” that has been known to be used to curtail human rights. APWLD has also produced a paper on “public morality”, urging for the removal of any mentioning of “morality” from the ASEAN Human Rights Declaration. Click here to view the paper.

The Women’s Caucus previously sent to AICHR a submission (21 October 2011) and the first addendum (22 June 2012).

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12 September, 2012, Manila, Philippines

Photo: Credit Nur Judy Abdullah, Council of Social Welfare, Brunei Darussalam

The session had as its key agenda the ACWC’s draft declaration on violence against women (VAW) and violence against children (VAC) and work plan.

Upon registration, the CSOs were given copies of the draft declaration, which ACWC calls the “zero draft”, including notes not yet integrated into the draft. The CSOs also received the tentative work plan which gave an overview of the tasks discussed prior to the open session.

“This is the first time that ACWC provided CSOs with a draft declaration before it is submitted to the relevant governments for review,” remarked Rena Herdiyani of Kalyanamitra, a women’s organisation in Indonesia. Said Ong Poai Hong of Childline Malaysia, “We welcome this gesture as a step forward to strengthen the dialogue between CSO and ACWC.”

However, despite the increased opportunity for dialogue, the open session with CSO was cut short, from four hours to two hours. “There needs to be greater transparency. It was quite disappointing when the time for our session was reduced. Somehow it smacks of tokenism,” said Hong.

Zero Draft of “Declaration on Violence against Women and Children”

There were initial questions over the proposed declaration since there are existing ASEAN declarations which cover women and children.  ACWC representative of the Philippines, Aurora Javate-De Dios explained that “the declaration is meant to add value to the previous declaration,” referring to the Ha Noi Declaration on the Enhancement of Welfare and Development of ASEAN Women and Children. She pointed out that the previous declaration was created by the ASEAN Committee of Women, a different commission from the ACWC.

Meanwhile, Rita Serena Kolibonso, ACWC representative of Indonesia, remarked that the proposed declaration aims to have clearer provisions on VAC, “It is time to address the gaps from the previous declarations, which are weak on VAC.”

Nonetheless, the CSOs asked ACWC for an assessment of previous declarations, to take into account the historical specificity of “VAWC” which is understood as violence against women and their children. Hence they suggested that the terms VAW and VAC be used, instead of VAWC. The drafting of the declaration is being led by Indonesia and Singapore.

After pointing out the need for the draft to reflect all the four areas of due diligence- APWLD asked whether the next step for the declaration is a convention on VAW. In a paper that was jointly submitted by APWLD, the International Women’s Action Rights Watch-Asia Pacific and the Southeast Asia Women’s Caucus on ASEAN, ACWC was urged to consider the Americas’ own convention on VAW, known as Convention of Belem do Para. Dr. Noorul Ainur Mohd. Nur, Malaysia’s ACWC representative responded that “the next step for the declaration is regional standard-setting.”

CSOs also raised their concerns over the phrase “balance of rights and responsibilities” in the zero draft’s preamble. Alicia R. Bala, ACWC representative of the Philippines, said that this phrase came from ACWC’s Terms of Reference (TOR). She affirmed though that the primary duty bearers in promoting and protecting the rights of women and children are the states.

ACWC Work Plan

CSOs also provided its inputs on ACWC’s 2012-2016 Work Plan. Prior to ACWC’s dialogue with CSO, ACWC managed to discuss 12 tasks which includes setting performance standards on service delivery for children with disabilities; cultural and religious practices which impact the rights of children; women’s economic rights particularly on land and property; formation of a network of social service agencies; and public campaigns on VAW.

However, it also appears that ACWC is not yet ready to focus on the issue of migration, citing that they would like to minimise redundancy within ASEAN. Among the bodies leading the discussion on migration is the ASEAN Committee on Migrant Workers, which is also leading the drafting of the human rights instrument.

“As advocate of women’s rights, ACWC is expected by CSOs to prioritise ‘protecting migrant women in the context of VAW’ in its work plan. Migrant women workers often face violence, discrimination and repressive policy—and in some cases, women are deported if they get pregnant,” asserted Usa Lerdsrisuntad of the Foundation for Women.

AHRD and OP3

Although the ASEAN Human Rights Declaration (AHRD) was not part of the agenda, the CSOs made some recommendations. They urged ACWC to engage the drafting process towards the integration of the basic human rights principles of non-discrimination, substantive equality and meaningful participation of women and children; VAW and VAC in all spheres, including cyberspace; sexual and reproductive health and rights (SRHR), including sexual orientation and gender identity (SOGI); migration and children on the move; citizenship; and right to development.

Echoing the call of women’s groups, the CSOs asked ACWC to support the deletion of “public morality” as a ground for the limitation of rights.

Meanwhile, child rights advocates urged ACWC to convince the ASEAN member states to ratify the new Optional Protocol 3 of the Convention on the Rights of the Child (CRC) on communication procedures. OP3 sets up a mechanism that allows children to directly complain to the Committee of the Rights of the Child.

The results of the meeting were some positive commitments made by ACWC:

• Acknowledgement of all forms of VAW and VAC, including VAW and VAC happening on the internet/cyberspace, in situations of armed conflict and in relation to sexual and reproductive health and rights;
• Recognition of the need to use the terminologies VAW and VAC given their specific contexts, instead of VAWC which also has its own context;
• Agreement to use both “victims” and “survivors” in referring to women and children who have experienced VAW and VAC respectively;
• Recognition of the need to approach VAW and VAC as part of a life-cycle;
• Decision to campaign for VAW and VAC sometimes in August on ASEAN Day;
• Affirmation that the states are the primary duty-bearers;
• Acknowledgement of the need to place emphasis on due diligence;
• Support for not to use “public morality” as a ground for the limitation of rights;
• Agreement to strengthen its meaningful engagement and collaboration with CSOs.

The ACWC will have a special meeting in December in Bangkok, Thailand to further discuss on the thematic areas of its work-plan, which could also provide another opportunity for CSOs engagement.

APWLD saw ACWC’s commitments, especially on its affirmation to emphasise due diligence in its declaration on VAW and VAC, as an important step to advance women’s human rights in the region. Overall, the Dialogue has provided an opportunity to CSOs to band their voices together to demand that women’s human rights are fully covered in any future instruments. Upon the conclusion of the session, CSOs reiterated their hope for the next step of ACWC in the region to further engage with CSOs by providing space to be part of building human rights instruments for ASEAN and to involve them as resource and partner in human rights standard setting in the region.

4 July 2012, Jakarta, Indonesia
by Wint Thiri Aung

16 July 2012: A coalition of women’s organizations and networks in Southeast Asia asks for the deletion of “public morality” in the ASEAN Human Rights Declaration (AHRD).

“Morality is very subjective, that it has often been used to curtail even the basic human rights of women and girls. On many occasions, morality is defined based on the dominant political and religious groups as well as dominant cultures that are harmful to women and girls,” Rena Herdiyani, a member of the Southeast Asia Women’s Caucus on ASEAN and Kalyanamitra in Indonesia.

Based on the consultation that ASEAN Intergovernmental Commission on Human Rights (AICHR) with selected civil society organizations, it appears that “public morality” is still being considered as a limitation of human rights. Although the term is mentioned in the Universal Declaration of Human Rights (UDHR), “public morality” has never been defined in international human rights standards.

In its recent submission to AICHR, the Women’s Caucus explained, “‘Morality’ can also render certain gender identities transgressive, especially for sexual minorities. It can also deflect attention from seeing sexual violence, for example as a crime against person, rather than honor.” The submission is available in http://womenscaucusonasean.files.wordpress.com/2012/07/addendum-final.pdf

“The AHRD must go beyond the UDHR and add value to existing international human rights standards. ASEAN must set the bar higher for the AHRD, drawing from its own experience of human rights violations,” Thida Khus of Silaka, a women’s network in Cambodia pointed out.

Internationally known feminist human rights and legal experts such as United Nations former Special Rapporteur Yakin Erturk, one of the first drafters of CEDAW Senator Leticia Ramos-Shahani (Philippines), past and present CEDAW Committee members Sjamsiah Ahmad (Indonesia), Shanthi Dairiam (Malaysia), Saisuree Chutikul (Thailand), Anama Tan (Singapore), Heisoo Chin (South Korea) and Milena Pires (Timor Leste) earlier asked AICHR to take into account the gains made by women’s movements.

In a statement, they said, “The AHRD must not shy away from the important gains and struggles of women’s movements around discrimination, the rights to bodily integrity, sexual and reproductive health and rights, sexual orientation and gender identity, rights in marriage and family life and freedom of movement and citizenship, especially in a region that is marked by migration, whose dangerous consequences and difficult circumstances have been borne by women and girls.” The statement which is also getting the support of more than 300 individuals and organizations can be found here: http://www.change.org/petitions/asean-intergovernmental-commission-on-human-rights-aichr-women-s-human-rights-are-asean-women-s-human-rights

“As an ASEAN woman, I cannot stand apathetic without supporting the plight of fellow [ASEAN] women,” said Ofelia Sy from Philippines, one of the 379 signatories. Meanwhile, Sachumi Mayoe, Thailand asserted, “We are women, we are sex workers and we are part of the ASEAN community. We want to participate in the development of ASEAN women’s human rights for all women of ASEAN.”

The tightly-guarded AHRD draft is now with the ASEAN foreign ministers for review. Despite calls for the public release of the draft and a series of public consultations, AICHR expects the draft to be approved by November 2012 in time for the ASEAN Summit in Phnom Penh in Cambodia.

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CONTACT PERSONS
Cambodia: Thida Khus, thida_khus@silaka.org, +85512838464
Indonesia: Rena Herdiyani, rena_herdiyani@yahoo.com, +628129820147
Thailand/ Secretariat: Nina Somera, nina@apwld.org, +66811621073 (for interviews with resource persons)

Help ensure the ASEAN Human Rights Declaration (AHRD) includes women’s human rights!Please sign our petition below and add your voice to those from Asia Pacific and around the world demanding the ASEAN Intergovernmental Commission on Human Rights (AICHR) integrates  international women’s human rights standards into the AHRD.

Click the link here to sign the petition.

These human rights experts have already endorsed our statement. Please join them!

Yakin Erturk (former special rapporteur on VAW)

Eleanor Conda, CEDAW Committee members (past and present)

Heisoo Chin (SoKOR)

Anamah Tan (Former CEDAW Committee Members)

Sjamsiah (Former CEDAW Committee Members)

Shanthi Dairiam (Former CEDAW Committee Members)

Milena Pires (Present CEDAW Committee Member)

Saisuree Chutikul (CEDAW Committee Member of Thailand)

Leticia Ramos Shahani (one of the first CEDAW drafters)

“ACWC will maintain this open policy.”

This is a promise several civil society organizations (CSOs), including the Women’s Caucus will hold on to in the years to come, following the first formal dialogue between CSOs and the ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC) last 18 January 2012 in Manila, Philippines.

The dialogue was preceded by a closed consultation on violence against women and violence against children facilitated by Marta Santos Pais, the Special Representative to the United Nations Secretary General on VAC, Indira Jaising, UN CEDAW Committee expert, and Dr. Lara Fergus, Expert Advisor on Un Women’s Service Delivery for the Ending VAW. Supported by UN Women and the UN Children’s Fund (UNICEF), the consultation aimed “to put ACWC members on the same page on VAW and VAC,” as ACWC Thai Representative on Children’s Rights Saisuree Chutickul explained.

The Women’s Caucus together with the Asia Pacific Forum on Women, Law and Development (APWLD) and International Women’s Rights Action Watch (IWRAW) submitted a paper on due diligence, an area that has yet to be addressed by the Association of Southeast Asian Nations (ASEAN) and its emerging human rights regime but is necessary if ASEAN is to respond to the multiple forms of VAW.

Although there have been some progress in addressing VAW in the region through national laws, women’s machineries and gender desks and even education, VAW even in its more obvious forms such as marital rape and stoning still exists. Among the more common forms of VAW across the region include domestic violence, sexual harassment, VAW in the context of migration, trafficking and VAW in situations of armed conflict.

During the ACWC-CSO dialogue, the Women’s Caucus articulated the need for ACWC to have specific terms of reference for more comprehensive and focused inquiries. As Kate Lappin pointed out, “ACWC must interpret its mandate more broadly and boldly to include inquiries.” These inquiries can be the means for ACWC to assist ASEAN member states comply with their commitments to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC).

This was also pointed out by Philippine Commission on Human Rights chief Loretta Ann Rosales, who also sits in the South East Asia National Human Rights Institutions Forum: “ACWC does not seem to have the power of monitoring via regular reporting process. How in heaven’s name are we going to know the situation on the ground?” The mandate of ACWC includes assisting ASEAN member states in preparing for CEDAW and CRC periodic reports and implementing the recommendations of the CEDAW and CRC Committees.

ACWC was also urged to tap women and gender experts the region for its work, including consultations on VAW. As Wathshlah Naidu said, “This region is rich in women who have extensive expertise on these issues and who are certainly more familiar with the context of the region.” Thida Khus similarly suggested the “mapping of expertise and development of a capacity index of civil society organizations.”

For its part, ACWC through Philippine Representative Aurora Javate De Dios said, “We hope to continue this dialogue and nurture our important partnership with civil society. We will maintain this open policy.”

Reparations paid to victims and survivors of violence against women (VAW) by the state is a process that at this time is hardly implemented. Yet many states have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) that emphasises due diligence particularly, the functions of prevention, protection, punishment and reparations to end VAW.  Article 4 of the Declaration on the Elimination of Violence states that VAW victims and survivors shall have access to means of justice and adequate follow up that correlates to the suffering. The fulfillment of women’s human rights go beyond criminal measures but extend to civil remedies, including the assurance of sufficient protection, support and treatment services for survivors of VAW.

In recent years, states, such as the Democratic Republic of the Congo (DRC), have seen the strong determination of civil society organisations to make the state take co-responsibility of acts of VAW. A panel of experts organised by the UN Office of the High Commissioner for Human Rights has evaluated the cases of VAW victims and survivors on the ground and strongly advised the government to pay damages. The High Commissioner asserts: “The right to remedy and reparation is enshrined in international human rights law. It encompasses not only the right to equal and effective access to justice, but also the need to address the consequences of the harm suffered, through restitution, rehabilitation, compensation, satisfaction and guarantee of non-repetition.”

The cycle of violence against women must end and one way to show accountability as well as support is for governments to take responsibility and seek full justice rather than causing re-victimisation. It is also important to emphasize the full sense of reparations as this phenomenon serves different purposes and certainly goes beyond the meaning of monetary restitution. Next to paying for endured medical expenses, a woman will deal better with psychological trauma knowing that the state supports her and justice prevails on all fronts. Post-violent incidents can be in this regard dealt with in a more confident matter and also damages, such as wage loss and housing damage can be taken care of without adding more stress to the already dismal situation that a VAW survivor finds herself in. It is in this context that Special Rapporteur on VAW, Rashida Manjoo refers to reparations as an “aspiring tool.”

The short comings of laws concerning VAW at the national level should be effectively addressed by a regional governing body such as the Association of Southeast Asian Nations (ASEAN). To date, VAW takes place at all levels of society: in the home, at the work place, in one’s own community and within one’s own trusted circles. Although on paper ASEAN has made a commitment to combat VAW, in reality, the post-traumatic conditions for survivors show a very different picture. In fact, VAW such as rape has become so systematically targeted against particular groups of ethnic women and girls that a culture of impunity is actually being tolerated.

A VAW survivor requires adequate approaches in order for the victim to be a confident member of society again. A report by UN Women states: “VAW does not only have long lasting impacts on women’s health, it also affects women’s mental, physical, economic and spiritual wellbeing and self esteem.” Unfortunately, many women do not report the incident for fear of further discrimination especially in places where there is a strong gender hierarchy. Many cases are also settled out of court, certainly when it pertains to the VAW case of a young woman whose parents may be willing to receive the compensation. Moreover, a girl also can be forced to marry the perpetrator in order to save the family’s honor. Many women and girls are also not aware of the procedures of reporting.

Regardless of a community’s apathy on VAW, a state has to exercise due diligence and make it a top priority to aid women who have been violated. Yet, in most ASEAN states, authorities at both local and national levels, human rights-based and gender sensitive approaches are still limited. In more rural settings, gender inequality is the accepted norm. Some law enforcement agencies are not equipped to handle cases of VAW and are grossly deficient in any kind of support services. Furthermore, survivors oftentimes lack the financial means to seek the support needed when it is not provided by the state.

States have the duty to provide effective remedies including reparations to victims of gross violations of international human rights law and serious violations of international humanitarian law. ASEAN can consider the work of the Organization of American States (OAS) Inter-American Commission on Human Rights (IACHR), a regional body that encompasses a clear set of guidelines on the providence of reparations for VAW survivors in Latin America and the Caribbean.  The IACHR has been seen as a forerunner on reparations paid to women who have been violated even as this regional body faces some shortcomings. This, through its Convention on the Prevention, Punishment and Eradication of Violence against Women, otherwise known as the “Convention of Belém do Pará.

As one expert testimony before the IACHR reads, “[The Belém do Pará Convention] sets forth the obligations of the State to establish just and effective legal procedures for women who have been subjected to violence.”  It further requires of the members states “to establish the judicial and administrative mechanisms necessary to ensure that women have effective access to just and effective compensation or reparation” (OAS, 2011). Like in ASEAN, VAW in OAS countries is a reality quite different than the promises made by these governments. Nonetheless there has been progress. Recently, the IACHR demanded that Mexico pay the families of three young women, who were tortured and killed in Cuidad Juarez which has also seen the violent deaths of more than 400 women since 1993. Mexico has also been ordered to issue a public apology and construct a memorial.

It is evident that life in a society of impunity without a transparent judicial system makes the plea for adequate measures extremely challenging. Moreover, it is important to highlight that changes happen not solely through the states. They germinate through advocacy work and solidarities of different stakeholders.  ASEAN needs to be strongly reminded of its responsibilities. Although it may be at the top of the fastest growing economies in the world, it is also home to nations where gender inequality is still an everyday challenge.

Sources:

Committee on the Elimination of Discrimination Against Women (2008). Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Myanmar. URL: http://www.unhcr.org/refworld/publisher,CEDAW,CONCOBSERVATIONS,MMR,494ba8d00,0.html

Copelon, Rhonda (2009). “Expert Testimony before the Inter-American Court of Human Rights.” ccrjustice.org/files/Rhonda%20Copelon%20declaration.doc

Manjoo, Rashida (2011). “Violence Against Women, Its Causes and Consequences.” URL: http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.22_AEV.pdf

Office of the High Commissioner on Human Rights (2011). “Reparations for Sexual Violence Survivors in DRC.” URL: http://www.ohchr.org/EN/NewsEvents/Pages/ReparationsforsexualviolenceinDRC.aspx

Organization of American States (OAS) (2011). “Special Report on the Rights of Women.” URL: www.cidh.oas.org/Comunicados/English/2011/43-11eng.htm

Shan Human Rights Foundation and Shan Women’s Action Network (2002). License to Rape: The Burmese military regime’s use of sexual violence in the ongoing war in the Shan State. URL: http://www.burmacampaign.org.uk/reports/License_to_rape.pdf

United Nation Women (nd). “UN Women Issue Briefs on Women’s Human Rights in the ASEAN Region, Violence Against Women.” URL: http://cedaw-seasia.org/docs/VAW_Issue_Paper_UNWOMEN.pdf

Women in the World Foundation (2011). “Violence Against Women: Mexico apologizes for failing to protect women slain in Ciudad Juarez.” URL: http://womenintheworld.org/index.php/stories/entry/mexico-apologizes-for-failing-to-protect-women-slain-in-ciudad-juarez