In addition, noting that all Member States of ASEAN are parties to the Convention on All Forms of Discrimination Against Women (CEDAW), 1981, as well as the Convention on the Rights of the Child (CRC), 1990, we call on the ASEAN member states to fulfil their obligations under these treaties and ensure the promotion, fulfilment and realisation of women’s and children’s human rights.
In line with the Charter’s aim to “promote and protect human rights and fundamental freedoms” we urge the Member States to ensure the following:
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Recognising that human rights violations experienced by women are often compounded by the intersections of different and multiple forms and sites of discrimination, to eliminate all forms of discrimination, both direct and indirect, in both the private and public spheres, in order to ensure enjoyment of substantive equality by women through the guarantees of equal opportunities, equal access and equal benefits to women.
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To guarantee the rights of women to make decisions regarding every aspect of their lives throughout their life cycle, free of discrimination, violence and coercion;
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To commit to the re-distribution of productive resources in the economic arena in a manner which enables equal sharing of the opportunities and benefits of development by all;
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To uphold the principle of equality and justice for women even while recognising the cultural diversity and pluralism of the people of the ASEAN region. To that end to implement legal obligations under CEDAW to modify and eliminate social, cultural and religious norms that perpetuate discrimination against women;
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To guarantee full participation and equal representation of women at all stages in the process from drafting to final adoption of the ASEAN Human Rights Body, ASEAN Commission on the Protection and Promotion of the Rights of Women and Children, the Community blueprints and at every level of the institutional structures created within ASEAN and in ASEAN members states;
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To eliminate impunity enjoyed by the perpetrators of violence against women.
We welcome the establishment of the ASEAN Human Rights Body (AHRB) 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 incorporate the following:
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The AHRB be instituted through a transparent process involving civil society participation, including women, to ensure an independent and credible mechanism;
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The AHRB be vested with a broad mandate to monitor and the implementation of international human rights principles and standards;
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The AHRB have a mechanism for individual complaints and redress with investigative powers, and the mandate to address discrimination and gross and systematic violations of human rights including women’s rights;
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The AHRB be mandated to recommend sanctions and penalties which are binding for Member States;
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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.
We further welcome the setting up of the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children as a specialized body as mooted in the Vientiane Action Plan (2004). It is imperative that it reflects human rights and normative standards of substantive equality and non-discrimination and its position, status, mandate and functions fully ensures the recognition, promotion, fulfillment and realization of women’s human rights as enshrined in CEDAW and other international human rights laws.
In conclusion, we urge ASEAN Member States to 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).
Wathshlah G. Naidu (International Women’s Rights Action Watch Asia Pacific – IWRAW Asia Pacific)


