“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

Previously, the Women’s Caucus proposed a due diligence framework as a response to VAW.

In its 24 January 2012 letter that contained points for consideration for ACWC’s last meeting from 16-18 February 2012, “Such inquiry, even taking the form of country visits, can deal with the most pressing issues and concerns of violence against women, particularly in the context of  women in situations of conflict, women human rights defenders, sexual minorities, indigenous and rural women, among others.” ACWC is a human rights body that is expected to assist ASEAN member states to comply with their commitments to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention of the Rights of the Child (CRC). One of the mandates of the ACWC as stated in its Terms of Reference (TOR) includes, “To facilitate sharing of experiences and good practices, including thematic issues, between and among ASEAN Member States related to the situation and well-being of women and children and to enhance the effective implementation of CEDAW and CRC through, among others, exchange of visits, seminars and conferences.”

The Women’s Caucus, along with Asia Pacific Forum on Women, Law and Development (APWLD) and International Women’s Rights Action Watch – Asia Pacific (IWRAW-AP) produced a paper titled “Due Diligence and Violence Against Women: Enhancing Accountability to ASEAN Women and Girls.” Due diligence is a critical process in effectively addressing VAW and also violence against children (VAC). It consists of four interrelated areas: prevention, protection, punishment and reparations.

The paper highlighted some recommendations of Special Rapporteurs on Violence against Women Radhika Coomaraswamy and Yakin Erturk, who both wrote reports on due diligences. These include ratification of international human rights instruments, constitutional guarantees of equality for women, national legislation that provides adequate redress for women victims of violence, policies or plans of action on VAW, gender-sensitivity of the criminal justice system, modify discriminatory policies and collection of data and statistics.

The paper also cited good practices and failures in addressing the four areas of diligence. One promising practice on prevention is Cambodia’s “Good Men Campaign” which aims to change the attitude of boys and men towards girls and women. One failure on protection can be seen in the deaths of Singapore-based Indonesian migrant domestic workers who are still subjected to discriminatory laws under the Placement and Protection of Indonesian Workers Abroad Law and are not adequately protected in Singapore. One example of failure to punish deals with the acts of impunity against girls and women from ethnic groups inside Burma.

There is still no good example of a reparations case. Nonetheless the Women’s Caucus cited the recent ruling of the Inter-American Commission on Human Rights (IACHR) that ordered Mexico to compensate the families of three young women cotton field workers who were tortured and killed in Ciudad Juarez US$383,000, issue an apology and construct a memorial. More than 400 women have died violent deaths in Ciudad Juarez since 1993.

The paper also suggests a Convention on VAW, following the example of the IACHR. As the paper reads, the due diligence framework “should guide the work of the ACWC in its efforts to support the implementation of ASEAN states’ human rights obligations…assess the compliance of states and identify areas lacking across the region.”

As of this writing, ACWC has yet to respond to the Women’s Caucus letter, which also calls for the institutionalization of a meaningful civil society participation, the Women’s Caucus’ involvement in the task force that ACWC will create and a mapping of women’s human rights experts and resources within the region.

This includes migration, violence against women, economic rights, political participation and discrimination in laws, policies and practices. Learn more on how ASEAN is relevant to you and how you WC can help you promote and protect your rights. Download the new Women’s Caucus on ASEAN brochure here.

Reflections on solidarity, activities and accomplishments set the tone for the annual meeting of the Southeast Asia Women’s Caucus on ASEAN. In just a short time, the Women’s Caucus (WC) has made a notable impact in advancing women’s human rights perspectives. Key achievements include a submission made to the ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC) to influence its rules, procedures and work plan. In the process of engaging with ASEAN, linkages are made between regional and national concerns. Some of the participants shared their testimonies in their ongoing struggles to address women human rights issues at national level. Cambodia was pleased to announce that national representatives are increasingly getting aware of the WC and its objectives regarding women’s rights. Additionally, in Indonesia strong lobbying efforts have intensified relationships with government officials, and in Timor-Leste, dialogues between government agencies and interest groups have taken place. Timor-Leste has been involved in the Women’s Caucus in the anticipation that it will soon be a member of ASEAN.

The ASEAN Intergovernmental Commission on Human Rights (AICHR) is currently drafting the ASEAN Human Rights Declaration (AHRD). Seeing that this is the first time that a regional human rights document is being drafted, the WC made its submission of guiding standards and inclusions to reiterate the importance of including women’s human rights in this historic document. Between the AHRD submission and dialogues with ASEAN officials, the WC has been recognised as a serious stakeholder in ASEAN.

In a WC assessment group activity, the stronger relationship between regional and national women’s movements was cited as a positive development. During the three-day meeting, participants also looked back at how the Women’s Caucus has evolved in the past few years using a unique visual exercise. Stations featuring key Women’s Caucus events were presented by date throughout the room. The number of participants at each station increased, visually displaying the growth of the Women’s Caucus membership, especially in recent years.

During this annual meeting, the structure of the WC was also high on the agenda. The coordinating group was affirmed and includes APWLD, IWRAW-AP and the representatives of the three countries, which represent the past, present and future of the ASEAN chairship. The coordinating group plays a large role in strengthening members at national level.

As part of enhancing the movement, the WC assured the participation of young women and others who attended a WC meeting for the first time. “During this time, we have been sharing a lot of ideas. Although we might have differences regarding religion, country, our objective is the same and it is for the equality of women,” said an appreciative first time participant from Indonesia. An eighteen-year-old woman from Cambodia reflects: “I now understand more of the Women’s Caucus and gained more experience in Bali at the meeting, including how to strategically implement programs in my country. Another thing I learned from this meeting is how regional meetings are organised.”

The WC activities and equality message are seeing a broader audience and as dialogue continues the women in the region are confident that the space for CSOs to engage with ASEAN will continue to develop. The annual meeting was organised and held by the Southeast Asia Women’s Caucus on ASEAN from November 23 to 25, 2011 in Bali, Indonesia.

Excerpts:

“However, participants remain deeply concerned about ongoing widespread violations of human rights throughout the region, involving every single ASEAN member state and a wide array of civil, political, economic, social and cultural rights, especially of those most vulnerable and marginalised, such as the Indigenous Peoples, migrant workers, refugees, women, children, lesbian, gay, bisexual and transsexual (LGBT) people and religious and ethnic minorities.”

“Regarding AICHR, the participants express grave concerns on certain key aspects of its work at the regional level, including in drafting the AHRD:

1.The lack of transparency in the operation of AICHR, which has to date kept all the documents it has produced confidential and inaccessible;

2.The persistent reluctance of the AICHR to engage with all stakeholders, especially CSOs and NHRIs. While citing the ASEAN Charter as an excuse for refusing to meet CSOs in their own region, AICHR has met international NGOs (which in itself is welcome) without any reservations, limitations or invocations of the Charter;

3. The failure to include ACWC in relevant activities or even inform them of their existence, including refraining from seeking ACWC participation in the drafting of the AHRD;

4. The extremely slow pace of progress in the work of AICHR, which has resulted in the fact that two years after its establishment AICHR has yet to point to a single meaningful achievement in the protection or promotion of human rights in ASEAN.”

Full Statement here

Download the press release here

The Women’s Caucus emphasized human rights such as those on non-discrimination, substantive equality, freedom from violence, sexual and reproductive health and rights, marriage, decent work, freedom of movement, food sovereignty and climate justice.

The submission is the result of a series of national and regional consultations across the region in the last several months since AICHR formed a Drafting Team for the AHRD. “Our submission reflects the issues, concerns and aspirations of women in Southeast Asia  who typically confront discriminatory laws and practices, violence, political marginalisation, economic disempowerment and discrimination and violence in the context of the perils of migration,” explains Rena Herdiyani of the Indonesian women’s group Kalyanamitra.

“The AHRD must not go below the standards of existing international human rights instruments. Culture must not be barrier for ASEAN to follow CEDAW especially when culture results in discrimination and violence against women and girls,” asserts Le Thi Quy of Hanoi University’s Center for Gender and Development.

The Convention on the Elimination of All Forms of Discrimination (CEDAW) and the Convention on the Rights of the Child (CRC) are the only legally binding international human rights instruments which are ratified by all 10 ASEAN member states.

“There can’t be regression and negotiation of the recognised norms and principles of human rights that are underpinned by legal treaty obligations. However the AICHR may develop its own practices and approaches best suited  to the ASEAN context,” Thida Khus of Cambodia’s women’s organization Silaka says.

“As it makes a human rights declaration on our behalf, AICHR should further open its doors for dialogue and consultation with civil society organisations, Hoy Sochivanny of Positive Change for Cambodia points out. The development of the AHRD is overseen by AICHR. The Drafting Team is expected to submit a draft to AICHR in December 2011 The declaration will be finalised in December 2012. The full text of the Women’s Caucus submission is available here.