asean human rights mechanisms yuyun wahyuningrum forum-asia sapa task force on asean & human...
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ASEAN HUMAN RIGHTS MECHANISMSYUYUN WAHYUNINGRUMFORUM-ASIASAPA TASK FORCE ON ASEAN & HUMAN [email protected]
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
Current Status
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, 23-25 Oct 2009
Current Status: Aug-Oct 2009
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
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. 4.10 – obtain information Art. 4.12 – 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
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 year @5 days Submit report to FMs annually Art 6.8 AICHR is an overarching body Art 6.9 - 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
Civil Society Involvement
engaged HLP since it was firstly established in July 2008 up to now
From 2008-2009: 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
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
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 TORJAN 2010 onwards Engage in the process of developing the
ASEAN HR declaration & ASEAN Conventions
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 2010 - 2011
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
ASEAN COMMISSION ON THE PROMOTION AND PROTECTION OF THE RIGHTS OF WOMEN AND CHILDREN (ACWC)
ACWC - Background
Vientiane Action Programme (VAP) 2004 -2010 is replaced by Hua Hin Declaration on the Roadmap for the ASEAN community (2009-2015)
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)
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, 2008 - 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
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, 2009. A representative from the CSOs spoke on the work of the CSOs in the ASEAN region
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
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
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
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
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
ASEAN COMMITTEE ON THE IMPLEMENTATION OF THE ASEAN DECLARATION ON THE PROTECTION AND PROMOTION OF THE RIGHTS OF MIGRANT WORKERS (ACMW)
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
ASEAN Declaration
General principles:National laws and policies precede over human
rightsUndocumented 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
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
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
ASEAN Forum on Migrant and Labor 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
Civil Society’s Involvement
8 CSO national consultations, 8 CSO regional consultations from 2007-2009 in 8 countries in ASEAN
192 CSO Recommendations for the Framework Instruments
Lobby national and ASEAN governments
TFASEAN Migrant Workerswww.workersconnection.org
Thanks!