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ASEAN’s New Human Rights Mechanisms

Why is ASEAN Engagement Important?
    On the international landscape, regional integration has become increasingly important. Bodies such as the European Union, Organisation of American States, African Union, SAARC, Pacific Islands Forum, APEC and ASEAN influence the daily realities of people across the world. Until recently however, the considerable influence of regional alliances in Asia did not include a body that had human rights mechanisms to which governments are bound. The Association of South East Asian Nations, more commonly known as ASEAN now has its own constitution called the ASEAN Charter; all 10 ASEAN countries are legally bound to abide by the Charter’s purposes and principles. The Charter created three new human rights mechanisms that are tasked with promoting and protecting human rights in Southeast Asia. To ensure ASEAN is holding member nations accountable to their human rights obligations and to ensure women’ voices are informing ASEAN processes, another alliance was formed in 2008. We are the Southeast Asia Women’s Caucus on ASEAN, or the “Women’s Caucus”. We are an extensive alliance of women’s organizations from Malaysia, Thailand, the Philippines, Singapore, Indonesia, Brunei, Cambodia, Laos, Vietnam and Burma. The Women’s Caucus also includes groups from Timor Leste.
ASEAN’s New Human Rights Mechanisms
   
Inter-Governmental Commission on Human Rights (AICHR)
• works to promote human rights in ASEAN • is authorized to obtain information from an ASEAN country on its actions taken to protect human rights. This can mean asking an ASEAN country about complaints it has received on violations of human rights in that country • provides the opportunity to seek redress of major human rights violations that a country is unable to handle
Commission on the Protection and Promotion of the Rights of Women and Children (ACWC)
• aims to promote and protect the rights of women and children under 18 • recognizes the importance of international human rights instruments such as the CEDAW and CRC which all 10 member states have ratified as standards in the promotion and protection of women and children’s human rights in ASEAN • emphasizes participation of women and children
Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW)
• aims to promote and protect the rights of Migrant Workers • has been tasked to ensure effective implementation of the commitments made under the Declaration and to work towards developing an ASEAN Instrument to protect and promote rights of migrant workers against exploitation and mistreatment
What is the Women’s Caucus and how is it relevant to ASEAN?
The Women’s Caucus strategically and positively engages with ASEAN to ensure that women’s perspectives are included in all ASEAN processes, decisions, instruments, policies and structures. The Women’s Caucus engages with the representatives from the:
• ASEAN Political-Security Community • ASEAN Economic Community • ASEAN Socio-Cultural Community • ASEAN Secretariat
• ASEAN member states and line ministries • AICHR • ACWC • ACMW
The Women’s Caucus also collaborates with National Human Rights Institutions (NHRIs) and numerous civil society networks engaging with ASEAN.
Our Principles
The Women’s Caucus strongly upholds and is committed to ensuring that Member States and the human rights bodies of ASEAN adhere to the following principles: • Human rights for all above all • Accountability to women and peoples of Southeast Asia • Independent and transparent ASEAN processes and structures • Meaningful participation and representation of women in ASEAN • The substantive equality of all women in Southeast Asia
The Women’s Caucus 5 Priority Issues
The Women’s Caucus has identified 5 key priority issues for women in Southeast Asia including:
Migration Poverty, conflict and the loss of small scale agricultural lands drive women across borders. Despite policies that support migration, little policy exists that offers migrant women workers protection. The result is that many are vulnerable to exploitation and abuse. Violence against women (VAW): While violence against women occurs overwhelmingly in the home, the deficiencies in government form the majority of the concerns surrounding VAW. These include the lack of data available by governments and their lack of acknowledgement or awareness on the part of public officials; the lack/inadequacy of laws and policies to protect and prevent gender-based violence; and sexual violence that occurs at the hand of the military with impunity. Social values and patriarchal norms also serve to perpetuate and enforce VAW. Economic rights Women are economically disadvantaged in earnings ratio, access to property and resources and overall wealth. Women workers in the informal sector such as domestic workers are largely unpaid, undervalued and continue to be
exploited. In the formal sector, women experience discrimination in wages and unequal access to employment. Discriminatory gender stereotyping and inadequate legal frameworks leave little opportunity for women to redress these issues. Political participation Lack of effective implementation, monitoring and assessment of policies to promote women’s political participation, including reluctance to institute temporary special measures impede women’s political participation. Further obstacles include persistent gender stereotyping and patriarchal attitudes in society, government, and media that impacts negatively on women’s participation. Discrimination in laws, policies and practices Reluctance to fully legislate against discrimination, to perform a comprehensive review of laws to identify discriminatory laws; to implement policy measures and machinery to strengthen women’s rights are identified as major barriers to the advancement of women’s rights. Further, government efforts to eradicate negative social and cultural beliefs and practices including those in media are required.
So how is ASEAN relevant to you?
Regional human rights bodies like ASEAN’s AICHR, ACWC and ACMW are useful to uphold the principle that human rights are universal.   We all have the right to be safe from all forms of discrimination and violence and to freedom of expression.   If your rights are not promoted and protected by your Government, you can approach;
• the AICHR and ACWC directly. At the moment, ASEAN Secretariat is acting as the Secretariat for AICHR and ACWC. (contact details) • Or you can also approach the Focal Points of ACMW (contact details)
You can also contact the Women’s Caucus for more information; The Women’s Caucus is co-convened by:
Asia Pacific Form for Women, Law and Development (APWLD) Contact Us
Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific). www.iwraw-ap.org
The two organizations bring together women from the Southeast Asia region and provide a platform for them to share information, build expertise, support collective advocacy and provide a strong, coherent voice to women. You can play a role to ensure that the new ASEAN will promote and realize your rights. Please take part, join us as an individual or organizational member.