e ngaging ASEAN Some reflections from the Women’s Caucus
Dec 31, 2015
The Women’s Caucus Formed in 2008, ASEAN Human Rights
Body meetings on the then ASEAN Declaration on Human Rights (ADHR
Absence of women’s network, following the approval of the ASEAN Charter
Initially convened by the Asia Pacific Forum on Women, Law and Development (APWLD) and International Women’s Rights-Action Watch (IWRAW-AP)
The Women’s Caucus Key areas of work:
Violence against women Discriminatory laws and practices Migration Economic participation Political participation
Leadership structure – Mentoring system Past, Present, Future Chairs of ASEAN plus APWLD and
IWRAW-AP Linkage between national and regional
Membership Over 60 organizations in 11 countries, including East Timor
Engages ASEAN bodies – AICHR, ACWC and ACMW
In Engaging ASEAN… ASEAN Intergovernmental Commission on
Human Rights (AICHR) ROPs, Work Plan and thematic studies Dialogue
ASEAN Human Rights Declaration ASEAN Commission for the Promotion and
Protection of Women and Children (ACWC) ROPs, Work Plan CSO Institutionalization
Internal strengthening Collaborating with broader civil society
In Engaging ASEAN… Building up on internal resources – members
as resource persons themselves, with their own expertise on different issues
Strengthening community ownership Strong information – gathering and sharing National consultations – focal organizations Coordinating group – national and regional
Regular consultation – online and face to face
Capacity-building – emphasis on CLMV and Brunei and young women and new faces
In Engaging ASEAN… Clear communications – Emphasis on formal
communications In a still largely adhoc environment
Building relationships – Emphasis on formal means ASEAN Secretariat and national
representatives Content/ submissions Communications Prepared for backlash
In Engaging ASEAN… Content/ Position
Sources recognized by ASEAN Ex. For AHRD – national laws, ASEAN declarations,
regional and int’l HR mechanisms Existing expertise within the Caucus Ensuring consultation within the membership
Coordination with other civil society groups Identifying and pursuing common positions
Ex. Women’s Caucus and child rights groups on ACWC “Claiming” spaces
Key Activities: AICHR Submission on the ASEAN Human Rights
Declaration 1st and 2nd Addenda
Were acknowledged Relatively good response from a few AICHR reps Some inputs were taken, some were not Informal meeting with a few AICHR reps
Capacity-building opportunity: APWLD – Informal meeting between ASEAN representatives and UN Independent Expert on Cultural Rights
Key Activities: AICHR Submission on the ASEAN Human Rights
Declaration – October 2011 3. Everyone has the right to access the public
sphere, social protection measures, financial resources, information and technologies on the basis of justiciable, fair and equal access. c. Everyone has the right to access social protec-
tion services such as affordable and effective health care, including sexual and reproductive health, adequate and affordable housing and education be it formal, informal and traditional.
Key Activities: AICHR
Submission on the ASEAN Human Rights Declaration – October 2011 14. Every individual and community has the
right to self determination. a. Every individual is free to decide over one’s
identities, body such as the exercise of one’s exercise of one’s sexual and reproductive rights, relationships, mobility and future.
Key Activities: AICHR 1st and 2nd Addenda
Due diligence and state obligation Non-derogation and Non-retrogression of Human Rights Duties and Limitation of Human Rights
“PUBLIC MORALITY” Women as “Marginalized” rather than “Vulnerable” Group Right to citizenship (beyond nationality) Refugees, undocumented migrants, asylum seekers Responsibilities of labor-receiving countries
Key Activities: AICHR 1st and 2nd Addenda
Sexual orientation and gender identity Right to found a family and family as a social unit Sexual and Reproductive Health and Rights Rights related to work and maternity Access to Justice Right to Development PUBLIC MORALITY
Key Activities: ACWC Submission on ACWC’s ROP and Work Plan
Was acknowledged Relatively good response from a few ACWC reps Some inputs were taken (e.g. CSO participation) Major downside – Migration excluded in the work
plan Participation in the Informal Dialogues with ACWC
– February and September 2011 Participation in the Formal Dialogue with ACWC –
January 2012 Participation in the 2nd Formal Dialogue with ACWC –
July 2012 - APWLD – playing a coordination role in the CSO-ACWC dialogue
Key Activities: ACWC Submission on Due Diligence and VAW
(Jan2012) Good and bad practices – prevention,
protection, punishment and reparations Towards a “Convention on VAW” Letter (Jan2012)
Inquiry on VAW women domestic workers Interpreting its mandate more boldly
Participation in the Task Forces Mapping of regional resource persons Institutionalization of CSO participation
Clear processes and definition
Key Activities: ACWC Declaration on VAW and VAC
VAWC – VAW and VAC Rights vs. “corporate social responsibility” Due diligence – all the four areas, including
reparations Harmonization of national laws Harmonization with international human rights
standards – CEDAW and CRC Civil society participation
Work Plans
Challenges Different understanding of women’s human rights
by different ASEAN bodies and representatives ASEAN – despite CEDAW and CRC - Reservations
Strong resistance against SOGI and the S and R of SRHR Heteronormative, welfare approach Resurgence of fundamentalisms “Particularities,” making HR conditional
Civil society General public
Challenges
Uneven interest in ASEAN Slow pace of opening up/ confidence
building Ignorance?
Political limitations esp. in CMLV and Brunei
Dynamics within ASEAN
Challenges CSO participation is not institutionalized
What are the entry points? Confidence-building - adhoc and personal
Struggles within civil society Varying civil society cultures – including language Women being relegated to “women’s issues” Challenges in sharing spaces – HR and WHR National – regional – international Who is civil society?
Capacity and Resources, i.e. emerging patterns of funding
Lessons Learned National as the key arena of struggle Creatively pursuing and interpreting CEDAW
and CRC Need for non-threatening dialogue but an
effective and institutionalized mechanism for engagement, including capacity-building How to introduce cultural rights viz. individual
rights, SOGI etc? How can individuals and groups with security
issues go to ASEAN without going through formal channels (ex. National govt) that are not safe?
Lessons Learned Developing allies from within Flexibility in defining civil society
Ensuring inclusivity, esp . In countries where there is no CSO culture as we know it
Keeping, expanding and diversifying the spaces for women and girls Capacity building Women’s Leadership