ASEAN Human Rights Mechanism and Disability Taisuke Miyamoto Project Coordinator “Mainstreaming Disability Perspectives in ASEAN Community” DPI Asia-Pacific DRTAP Conference on 22 October, 2010

Outline 1. Sub-regional Approach: ASEAN and Disability Sub-regional approach ASEAN and ASEAN human rights mechanism ASEAN and Disability Civil Society and Disability in ASEAN DPOs in ASEAN 2. Conclusion

Subregional Approach and ESCAP Subregional Offices  New subregional offices in Republic of Korea, India and Kazakhstan (E/ESCAP/66/16)‏  EPOC in Oceania subregion Report of ESCAP Stakeholder Meeting in June  Need for effective mechanisms at the regional, subregional, national and community levels to monitor the gaps and progress  Facilitation of local, national and subregional tracking of Decade progress  Employment of persons with disabilities in sub- regional offices of ESCAP

DPO’s action in subregions Pacific Disability Forum South Asia Disability Forum ASEAN Disability Forum DPI’s subregional meetings WFD Asia-Pacific’s attempt to formulate a new regional group of ASEAN region

Association of Southeast Asian Nations

ASEAN Charter （ Adopted in 2007, Came into effect in 2008)‏ Article 1 (Purposes)‏  “People-oriented ASEAN”  To promote and protect human rights and fundamental freedoms  To enhance the well-being and livelihood of the peoples of ASEAN by providing them with equitable access to opportunities for human development, social welfare and justice  All sectors of society are encouraged to participate in, and benefit from, the process of ASEAN integration and community building

ASEAN Community 3 pillars – ASEAN Political - Security Community （ APSC)‏ – ASEAN Economic Community （ AEC)‏ – ASEAN Socio-Cultural Community （ ASCC)‏ Initiative for ASEAN Integration (IAI)‏ Effort of ASEAN and international cooperation to narrow the development gap CLMV and other ASEAN member states Focuses on capacity building and human development

ASEAN Human Rights Mechanism Stipulated by ASEAN Charter Article 14 Human Rights mechanism is established under “Political-Security Pillar”.  2009 AICHR (ASEAN Inter-governmental Commission on Human Rights)‏  2010 ACWC (ASEAN Commission for the Promotion and Protection of the Rights of Women and Children)‏  ACMW (ASEAN Committee on Migrant Workers) is under consideration

Challenges of ASEAN HR Mechanism (1)‏ ASEAN’s characteristics  To promote and protect human rights and fundamental freedoms with due regard to the rights and responsibilities of the Member States of ASEAN (Article 1)‏  As a basic principle, decision-making in ASEAN shall be based on consultation and consensus (Article 25)‏ Addressing international HR concerns  General election of Myanmar in November would be a challenge to the legitimacy of HR mechanism of ASEAN

Challenges of ASEAN HR Mechanism (2)‏ Ratification of international human right treaties  ACWC was quickly established as all 10 countries already ratified CEDAW and CRC Weak tie between HR mechanism and implementation of 3 pillars, especially Socio- Cultural Pillar “Promotion” rather than “Protection”

Disability in ASEAN policies Disability is mentioned mainly in ASCC, partly in AEC, no mention in APSC Human rights mechanism is stipulated in APSC. TOR of AICHR and ACWC do not mention disability. CRPD  Only 4 countries have ratified the CRPD (Laos, Malaysia, the Philippines and Thailand)‏  2 countries even do not sign it yet (Myanmar and Singapore)‏

DPI AP’s intervention in ASEAN Senior Officials Meeting on Social Welfare and Development (SOMSWD)‏ AICHR meetings at national level Involvement in preparation process of ASEAN Summit Effective involvement in collaboration with CSO and Thai government

Civil Society and HR in ASEAN ASEAN promotes collaboration with CSO  Secretary-general’s commitment  Entities Associated with ASEAN including Accredited CSOs (Charter Article 16)‏ CSO’s action on HR in the region  Submission to AICHR meeting  Civil Society Proposal: ASEAN Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers  Approaching AICHR members at national level Gap of involvement of CSO in ASEAN  Difference of political background in different countries

CSO’s strategy to HR in ASEAN Not only “promotion” but “protection” How to promote “protection system”  Establishing HR institutions following Paris Principle  Capacity building of civil society to effectively monitor HR at national level  Allocation of sufficient budget to monitoring body  Government to open channel to CSOs

CSO and Disability in ASEAN For most CSOs, disability is a new challenge DPI AP mainstreams disability into CSO proposals/activities  Parallel Session on Persons with Disabilities in ASEAN People’s Forum 6  Participation in Training of Trainers on ASEAN HR  Involvement in the submission to AICHR meeting through CSO’s consultation meeting on ASEAN and HR.

DPOs in ASEAN Throughout the two AP Decades, many community-based SHGs and nationwide DPOs were established In some countries, it is difficult for DPOs/SHGs to formulate and operate freely due to political reasons and limitations of resources available Although SHGs and DPOs have generated many good practices, there are many barriers remaining in society.

Roles of DPOs in HR mechanism Bridging the grassroot and HR mechanism  “Translate” the real voices  Empowering individuals with disabilities and ensuring their access to HR mechanism  “Translate” the information and knowledge in HR mechanism Challenges  Capacity building of DPOs/SHGs to be a bridge

Synergy to formulate policy/system Mainstreaming disability perspectives in development agenda and other policies Bringing and sharing voices of grassroot with policy makers and society Empowering persons with disabilities and DPOs at grassroot level

“ASEAN Disability Forum” DPO’s initiative and multi-stakeholder’s arena Synergy of grassroot, civil society,business sector and ASEAN (member states and ASEAN Secretariat)‏ To be formulated in 2011, under ASEAN Socio- Cultural Community 2012, submission of a proposal on mainstreaming disability perspectives in ASEAN Community

Conclusion(1)‏ Disability HR mechanism at subregional level  Mainstreaming disability perspectives in existing HR mechanisms  Establishing disability-specific HR mechanism In case of ASEAN  AICHR should consider disability as a ground of discrimination  ACWC should include WWD and CWD  Disability-specific commission should be formulated (ACD or ACWC”D”)‏

Conclusion (2)‏ Multi-Sectoral approach  Regional/subregional mechanism: Mainstreaming disability perspectives in its policy formulation/implementation  Civil Society: Incorporate disability in its advocacy  DPO/SHG: Capacity building to effectively reflect their voices on policy formulation/implementation Disability Forum as a synergy of multi- stakeholders at subregional level