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The Intersection between Sectoral Bodies and AICHR

The Intersection between Sectoral Bodies and AICHR. Engaging the ASEAN Inter-Governmental Commissi on on Human Rights (AIGCHR) – The People’s Views. Value added of ASEAN Sectoral Commissions on Women.

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The Intersection between Sectoral Bodies and AICHR

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  1. The Intersection between Sectoral Bodies and AICHR Engaging the ASEAN Inter-Governmental Commissi on on Human Rights (AIGCHR) – The People’s Views

  2. Value added of ASEAN Sectoral Commissions on Women • Potentially there could be a framework for the promotion, protection and fulfillment of the human rights of women , children and migrants according to international standards because of treaty ratification (CEDAW and CRC, in particular) This means: • Identification of the specificities of the human rights of women, children and migrants (potential for specialization) Shanthi dairiam

  3. Generally- Potential for strong normative standards for women’s, children’s and migrants’ rights, if the sectoral commissions are integrated into the main body at a later stage • In particular -The Women’s Commission: Application of CEDAW principle of substantive equality and definition of discrimination -direct and indirect (universal and international stds.) • . Shanthi dairiam

  4. Potential areas of difficulty:What to be alert to in the area of the Women’s Commission • Will there be a human rights perspective within the Women’s Commission. • At a 2006 meeting of the ASEAN working group that discussed the setting up of the Women’s Commission, there was decision not to call this A Women’s Human Rights Commission. Shanthi dairiam

  5. Historically, the decision to create a Women’s Commission pre dated the decision to create an ASEAN Human Rights Body as a compromise and to avoid dealing with human rights matters within the ASEAN. • Position of ASEAN governments may now be different. • But note that Min of Women falls within the Social Sector. Shanthi dairiam

  6. Therefore, women’s rights may not be seen as human rights. Terms that reduce human rights dimensions in relation to CEDAW stds are – women’s issues; gender issues; equity. • Implication: The Women’s Commission may conceptualize women as victims and not as rights holders and as agents and beneficiaries of development on an equal basis with men in all fields; equality principle may be compromised. Shanthi dairiam

  7. If CEDAW stds are accepted what would should we alert to and avoid: • PROBLEMS WITH CEDAW FRAME WORK: The CEDAWframe work raises issues of equality and non discrimination within existing policies : may not be able to challenge the policy itself - Need for skills in establishing relevance of promoting reform of over all policy, Shanthi dairiam

  8. Not all violations of women’s rights would be perceived as sex based discrimination and they may not be seen as having merit by the Women’s Commission. (Examples) On the other hand, the AICHR commission may decide it does not have jurisdiction over those issue seeing them as women’s issues. • The sectoral commissions may not have the same standing as the AICHR. Its findings may not be taken seriously; budgets and human resources may be limited Shanthi dairiam

  9. When the AICHR develops strategies for the promotion and protection of human rights, carries out capacity building, provides advisory services, conducts public awareness raising on human rights, develops common approaches and positions on human rights or prepares studies on thematic issues of human rights and develops the declaration on human rights: how will women , children etc benefit. Shanthi dairiam

  10. What capacity will the members of the Women’s commission have to apply the CEDAW framework: - Equality of opportunity, access and results • de jure and de facto equality • State obligation to eliminate direct and indirect discrimination Shanthi dairiam

  11. - public and private actor liability for violation of women’s human rights • State obligation to remedy individual acts of discrimination but also to reform structural. Institutional processes that aliow for discrimination Shanthi dairiam

  12. State obligation to eliminate cultural patterns of conduct detrimental to women’s right to equality • State obligation to eliminate discrimination not only on the basis of sex but also inter sectoral forms of discrimination and to address discrimination between groups of women Shanthi dairiam

  13. Structural links between the AICHR and the Sectoral Commissions • Are there any? • How will the sectoral commissions add their dimensions to the work of the AICHR , Through what processes?

  14. Advocacy issues • While having sectoral commissions provides a space for specialized advocates to be mobilised, what space will there be for them with the AICHR. Will they be tracked into special issues and marginalised. • How will intersection be achieved between and among specialised advocates : Equality. Non discrimination issues to be integrated into children and migrants right issues and vice versa. Shanthi dairiam

  15. How will intersection be achieved between specialised advocates and advocates working with the AICHR- AICHR advocates to integrate women’s, children’s rights issues into the AICHR • Need to develop monitoring strategies to draw accountability from the Commissions in an integrated manner

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