ASEAN HUMAN RIGHTS MECHANISMS YUYUN WAHYUNINGRUM FORUM-ASIA SAPA TASK FORCE ON ASEAN & HUMAN RIGHTS yuyun@forum-asia.org

ASEAN Coordinating Council ASEAN Integration 2015 Blue Print & Community Economic Political Security Socio-Cultural 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 TOR is adopted on 20 July 2009, launched in Oct 2009 during the 15th ASEAN Summit August-October: Drafting the Political Declaration to the TOR AICHR, Appointment process of the Reps at the national level Will start operate on January 2010 onwards ACWC Working Group is established consists of 20 reps of members states 3rd Meeting of the TOR ACWC, 17-19 August 2009, Bangkok, Thailand Zero draft of TOR was drafted by Philippines and Thailand 1st draft is scheduled to be submitted to ACW (ASEAN Committee on women) on October 2009 and last draft will be submitted on the 1st Quarter on 2010 ACMW Drafting team was established, consists of 2 sending countries (Indonesia and Philippines) and 2 receiving countries (Malaysia & Singapore) Sending countries are drafting the first draft to be discussed with receiving countries Drafting team will present the draft to the 2nd meeting of the ACMW ON 29-30 September 2009, Chiang Rai, Thailand

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 CS will be invited to the 3rd interface meeting with HLP on 28 Aug 2009. HLP’s 1st meeting will be in Jakarta, 26-27 Aug 2009 POLITICAL DECLARATION Venue: ASEAN Sec Indonesia, Thailand, Malaysia, Philippines and Cambodia committed to have a national process Indonesia and Thailand had publicly announce the commitment on national process APPOINTMENT OF REPS

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 TOR JAN 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 rights Undocumented 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 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 Workers www.workersconnection.org Civil Society’s Framework Instrument Obligations of labor receiving countries Joint obligations of labor sending and labor receiving states Obligations of labor sending countries Commitments by ASEAN

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