ASEAN Human Rights Mechanism and Disability

Taisuke Miyamoto

Project Coordinator“Mainstreaming Disability Perspectives

in ASEAN Community”DPI Asia-Pacific

DRTAP Conference on 22 October, 2010

Outline

1. Sub-regional Approach: ASEAN and Disability Sub-regional approach ASEAN and ASEAN human rights mechanism ASEAN and Disability Civil Society and Disability in ASEAN DPOs in ASEAN

2. Conclusion

Subregional Approach and ESCAP

Subregional Offices New subregional offices in Republic of Korea, India

and Kazakhstan (E/ESCAP/66/16) EPOC in Oceania subregion

Report of ESCAP Stakeholder Meeting in June Need for effective mechanisms at the regional,

subregional, national and community levels to monitor the gaps and progress

Facilitation of local, national and subregional tracking of Decade progress

Employment of persons with disabilities in sub-regional offices of ESCAP

DPO’s action in subregions

Pacific Disability Forum South Asia Disability Forum ASEAN Disability Forum DPI’s subregional meetings WFD Asia-Pacific’s attempt to formulate a new

regional group of ASEAN region

Association of Southeast Asian Nations

ASEAN Charter（ Adopted in 2007, Came into effect in

2008) Article 1 (Purposes)

“People-oriented ASEAN” To promote and protect human rights and

fundamental freedoms To enhance the well-being and livelihood of the

peoples of ASEAN by providing them with equitable access to opportunities for human development, social welfare and justice

All sectors of society are encouraged to participate in, and benefit from, the process of ASEAN integration and community building

ASEAN Community

3 pillars

– ASEAN Political - Security Community （ APSC)

– ASEAN Economic Community 　 （ AEC)

– ASEAN Socio-Cultural Community 　 （ ASCC) Initiative for ASEAN Integration (IAI)

Effort of ASEAN and international cooperation to narrow the development gap

CLMV and other ASEAN member states Focuses on capacity building and human

development

ASEAN Human Rights Mechanism

Stipulated by ASEAN Charter Article 14 Human Rights mechanism is established under

“Political-Security Pillar”. 2009 AICHR (ASEAN Inter-governmental

Commission on Human Rights) 2010 ACWC (ASEAN Commission for the

Promotion and Protection of the Rights of Women and Children)

ACMW (ASEAN Committee on Migrant Workers) is under consideration

Challenges of ASEAN HR Mechanism (1)

ASEAN’s characteristics To promote and protect human rights and

fundamental freedoms with due regard to the rights and responsibilities of the Member States of ASEAN (Article 1)

As a basic principle, decision-making in ASEAN shall be based on consultation and consensus (Article 25)

Addressing international HR concerns General election of Myanmar in November would

be a challenge to the legitimacy of HR mechanism of ASEAN

Challenges of ASEAN HR Mechanism (2)

Ratification of international human right treaties ACWC was quickly established as all 10 countries

already ratified CEDAW and CRC Weak tie between HR mechanism and

implementation of 3 pillars, especially Socio-Cultural Pillar

“Promotion” rather than “Protection”

Disability in ASEAN policies

Disability is mentioned mainly in ASCC, partly in AEC, no mention in APSC

Human rights mechanism is stipulated in APSC. TOR of AICHR and ACWC do not mention disability.

CRPD Only 4 countries have ratified the CRPD (Laos,

Malaysia, the Philippines and Thailand) 2 countries even do not sign it yet (Myanmar and

Singapore)

DPI AP’s intervention in ASEAN

Senior Officials Meeting on Social Welfare and Development (SOMSWD)

AICHR meetings at national level Involvement in preparation process of ASEAN

Summit Effective involvement in collaboration with CSO

and Thai government

Civil Society and HRin ASEAN

ASEAN promotes collaboration with CSO Secretary-general’s commitment Entities Associated with ASEAN including

Accredited CSOs (Charter Article 16) CSO’s action on HR in the region

Submission to AICHR meeting Civil Society Proposal: ASEAN Framework

Instrument on the Protection and Promotion of the Rights of Migrant Workers

Approaching AICHR members at national level Gap of involvement of CSO in ASEAN

Difference of political background in different countries

CSO’s strategy to HR in ASEAN

Not only “promotion” but “protection” How to promote “protection system”

Establishing HR institutions following Paris Principle Capacity building of civil society to effectively

monitor HR at national level Allocation of sufficient budget to monitoring body Government to open channel to CSOs

CSO and Disability in ASEAN

For most CSOs, disability is a new challenge DPI AP mainstreams disability into CSO

proposals/activities Parallel Session on Persons with Disabilities in

ASEAN People’s Forum 6 Participation in Training of Trainers on ASEAN HR Involvement in the submission to AICHR meeting

through CSO’s consultation meeting on ASEAN and HR.

DPOs in ASEAN

Throughout the two AP Decades, many community-based SHGs and nationwide DPOs were established

In some countries, it is difficult for DPOs/SHGs to formulate and operate freely due to political reasons and limitations of resources available

Although SHGs and DPOs have generated many good practices, there are many barriers remaining in society.

Roles of DPOs in HR mechanism

Bridging the grassroot and HR mechanism “Translate” the real voices Empowering individuals with disabilities and

ensuring their access to HR mechanism “Translate” the information and knowledge in HR

mechanism Challenges

Capacity building of DPOs/SHGs to be a bridge

Synergy to formulate policy/system

Mainstreaming disability perspectives in development agenda and other policies

Bringing and sharing voices of grassroot with policy makers and society

Empowering persons with disabilities and DPOs at grassroot level

“ASEAN Disability Forum”

DPO’s initiative and multi-stakeholder’s arena Synergy of grassroot, civil society,business

sector and ASEAN (member states and ASEAN Secretariat)

To be formulated in 2011, under ASEAN Socio- Cultural Community

2012, submission of a proposal on mainstreaming disability perspectives in ASEAN Community

Conclusion(1)

Disability HR mechanism at subregional level Mainstreaming disability perspectives in

existing HR mechanisms Establishing disability-specific HR

mechanism In case of ASEAN

AICHR should consider disability as a ground of discrimination

ACWC should include WWD and CWD Disability-specific commission should be

formulated (ACD or ACWC”D”)

Conclusion (2)

Multi-Sectoral approach Regional/subregional mechanism: Mainstreaming

disability perspectives in its policy formulation/implementation

Civil Society: Incorporate disability in its advocacy DPO/SHG: Capacity building to effectively reflect

their voices on policy formulation/implementation

Disability Forum as a synergy of multi-stakeholders at subregional level