WUNRN
CALL FOR ENDORSEMENT - URGENT
Reply to: IWRAW Asia Pacific - iwraw-ap@iwraw-ap.org
We,
of the Women's Caucus for the ASEAN Human Rights Body, seek your support and
endorsement of this statement,which is in preparation for the ASEAN High Level
Panel consultation on 10th-11th September. The statement emphasises that
women's human rights must be a central part in the Body's work.
______________________________________________________________________
WOMEN’S CAUCUS STATEMENT
ON THE ASEAN HUMAN RIGHTS BODY (HRB)
We, women
civil society activists and human rights defenders, have come together as the
Women’s Caucus for the ASEAN Human Rights Body (AHRB) in order to ensure that
women’s human rights concerns are fully integrated into the ASEAN Human Rights
Body.
We welcome the
establishment of an AHRB as stipulated in Article 14 of the ASEAN Charter. In
line with the mission to promote democracy, fundamental freedom, rule of law
and good governance, we urge the “people-oriented” ASEAN Member States, members
of the High Level Panel (HLP), our fellow civil society activists and human
rights defenders to consider and support the following:
1. The establishment of the
ASEAN Human Rights Body to promote and fulfill human rights, in a timely manner, incorporating the
universal principles and standards of human rights, including human rights of
women, and other vulnerable and marginalised groups and communities. It is
urged that the terms of reference which is to be drafted by the HLP incorporate
the following:
1.1 the AHRB be
instituted through a transparent process involving civil society participation,
including women, to ensure an independent and credible mechanism;
1.2 the AHRB to
be vested with broad mandate to monitor and enforce the implementation of
international human rights principles and standards;
1.3 the AHRB to
institute individual complaints and redress mechanisms, including investigative
powers, to address discrimination and gross and systematic violations of human
rights including women’s rights;
1.4 the AHRB be
mandated to recommend sanctions and penalties which are binding for Member
States;
1.5 the ASEAN
Commission on the Promotion and Protection of the Rights of Women and Children,
reflecting human rights and normative standards of equality and
non-discrimination, to be subsumed and integrated within the AHRB; and
1.6 to ensure all
terms of reference and functions of the proposed AHRB and the various
institutional structures are drafted and developed through a transparent and
consultative process which includes civil society participation that adheres to
the principles of human rights, democracy, justice and accountability.
2. That all Member
States of ASEAN are parties to the Convention on All Forms of Discrimination
against Women (CEDAW, 1981) and are thereby obligated to ensure the recognition
and promotion of women’s human rights. We call upon
the Member States to ensure and guarantee full participation and equal
representation of women at all stages in the process from drafting to final
adoption of the AHRB. In addition, we seek to ensure the equal representation
and full participation of women at every level of the institutional structures
created by the body including the ASEAN Secretariat.
The
AHRB should guarantee the following key elements of women’s human rights:
2.1 commitment to uphold
principles of universality and inalienability, indivisibility, inter-dependence
and inter-relatedness towards the effective realisation of women’s human
rights;
2.2 commitment to the
principle of equality and non-discrimination as established in international
human rights law and especially through CEDAW;
2.3 commitment to
recognising the multiple sites of intersectional discrimination experienced by
women in ensuring equality;
2.4 commitment to the
rights of women to make decisions regarding every aspects of their lives
throughout their life cycle, free of violence and coercion;
2.5 commitment to re-distributive
justice in the economic arena;
2.6 commitment to
upholding the paramount principle of justice for women even while recognising
the cultural diversity and pluralism of ASEAN and having due regard to legal
obligations of the State under CEDAW to eliminate cultural and religious norms
that perpetuate discrimination against women.
As affirmed by
the Joint Communique of the 41st ASEAN Ministerial Meeting (21 July
2008, Singapore) on its commitment to the promotion and protection of human
rights, we call upon Member States and the HLP to ensure the integration of
human rights principles and standards, not only within the AHRB and other
bodies/mechanisms but also to be incorporated in all three Community Councils
of ASEAN: the Political-Security; the Economic; and the Socio-Cultural.
In
conclusion, we the Women’s Caucus, urge Member States to uphold and fulfil its
obligations towards the realisation of human rights, including women’s human
rights as enshrined in the “United
Nations Charter and international law, including International humanitarian
law, subscribed to by ASEAN Member States” (ASEAN
Charter, Article 2.2(j)).
It is timely that the ASEAN Member
States move beyond rhetoric and towards the actual realisation and
implementation of human rights without delay to ensure “sustainable development
for the benefit of present and future generations and to place the well-being,
livelihood and welfare of the peoples at the centre of the ASEAN community
building process” (ASEAN Charter,
preamble). The AHRB will be an important mechanism for achieving this and
every effort is encouraged to ensure it will be a comprehensive mechanism, with
the capacity to address the full range of human rights issues in the region,
inclusive of women’s human rights.
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