There have been two recent important moments to remember in relation to
women’s rights in Southeast Asia: the adoption of the ASEAN Human Rights
Declaration on Nov. 18 and the International Day for the Elimination of
Violence against Women on Nov. 25. In the context of ASEAN, a fundamental issue
to be borne in mind is the direction of women’s rights.
In Southeast Asia, progress in
women’s rights has been quicker than other human rights, such as political and
civil rights.
Women issues are maybe perceived
to be “soft issues” and thus less likely to compromise the political stability
of most member states. In fact, all member countries have already ratified or
acceded to the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), which could serve to help them comply with international
human rights, especially women’s rights.
Nonetheless, taking a closer look
at ASEAN experiences, the region is still facing uncertainty on the future of
women’s rights.
First, most existing ASEAN
women’s rights documents appear to have failed to address women’s issues. For
example, three declarative documents born prior to the ASEAN Charter, namely
the 1988 Declaration of the Advancement of Women, the 2004 Declaration against
Trafficking in Persons, particularly Women and Children, and the 2004
Declaration on the Elimination of Violence against Women have not overcome
gender inequality problems due to their failure to articulate women’s rights in
measurable plans, legislation, policies and programs in all areas and at all
levels.
Four primary women’s issues in
ASEAN, namely economic participation, migration and discriminatory laws,
political participation and violence against women (Southeast Asia Women’s
Caucus on ASEAN, 2012) cannot be tackled by merely a reliance on the above,
inconclusive instruments.
Second, the ASEAN Charter (one
might conceives it as “ASEAN constitution”) to which all member states adhere,
emphazises the goal of fostering an institution to deal with human rights, but
does not define descriptive ways how that objective can be achieved. It gives
no mention to particular women’s rights.
Third, the majority of regional
instruments are not meant to be legally binding. The Joint Statement and Commitment
to Implement Gender Mainstreaming in 2008, for instance, may be considered
progress for it recognizes the importance of the CEDAW as a guiding
international framework. Yet, it is not legally binding, meaning that it is
highly unlikely to tackle various women’s issues in the region.
Fourth, a necessary human rights
body mandated by the ASEAN Charter has not reached international human rights
benchmarks.
The ASEAN Intergovernmental
Commission on Human Rights (AICHR), established in 2009, has come under
criticism as its terms of reference (TOR) do not address any single provision
on women’s rights.
International Women’s Rights
Action Watch (IWRAW) Asia Pacific, for instance, criticized that women’s rights
protection in the region not only failed to address the primary issues of
women, but also showed failure of the organization to encourage its member
states to comply with provisions under the CEDAW (IWRAW, 2008).
In 2010, progress could be seen
when the ASEAN Commission on the Promotion and Protection of the Rights of
Women and Children (ACWC) was fostered, for it created the opportunity for
public participation in the processes of women’s rights protection.
Nevertheless, similar to the
AICHR, this commission aims to be an intergovernmental consultative body, so
that poses concerns about the independence of its commissioners. Moreover, its
TOR appear to put aside women migrant workers issues in the region, whereas
they are vulnerable to violence and discrimination in the workplace.
The recent birth of the ASEAN
Human Rights Declaration has added to the region’s history of women’s rights.
In fact, inherent weaknesses appear to exist in the declaration. A number of
human rights limitations and the declaration’s non-legally binding nature are
among its loopholes, and it carries little weight in the context of improving
human rights in the future.
The full observance of the rights
of women has a long way to go if there is no strong political will and
determination to reform the structural and functional capacities of existing
bodies dealing with women’s issues.
ASEAN leaders have only focused
on how to strengthen cooperation but have not yet extended it to form an
effective framework that can reinforce obligations as set out in numerous
regional agreements. More importantly, such reinforcement mechanisms will be a
key element for ASEAN member states’ obedience to the rules of the CEDAW.
Since the inception of ASEAN,
member countries have maintained norms, such as non-interference, for the
purposes of engaging themselves to manage intergovernmental relations. The
principle has effectively promoted peace and stability in the region, but has
often brought about a low standard of value recognized internationally.
It has hampered each member
country in advocating and making judgments on others on issues of human rights.
This fact has actually compromised the group’s external reputation and its
collective engagement with other communities across the globe.
Therefore, ASEAN needs a binding
treaty, encompassing a list of comprehensive women’s rights, related
enforcement subsystems and a mandated independent body dealing with women.
Member states should either reform existing ASEAN human rights bodies or
establish another independent body that can exercise a fundamental monitoring
role and an investigative function for women’s rights cases.
Such a body should be enabled to
decide whether a state has committed violations against women or has failed to
comply with women’s rights provisions under international human rights
standards.
But do member states of ASEAN
have such strong political will? The past shows otherwise, while the future
remains uncertain.
Mahmudin Nur Al-Gozaly
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