We express our disappointment in the decision of the ASEAN leaders

STATEMENT ON THE ADOPTION OF THE ASEAN HUMAN RIGHTS DECLARATION

21 November 2012

ASEAN Heads of State and Government

c/o ASEAN Secretariat

International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific)[1] wishes to express its disappointment in the decision of the ASEAN leaders to proceed with the adoption of the ASEAN Human Rights Declaration on 18 November 2012 despite the numerous calls to postpone the adoption by civil society groups and other stakeholders.

The current version of the Declaration falls short of its vision and mission as the overarching instrument to “establish a framework for human rights cooperation in the region and contribute to the ASEAN community building process”, due to its restrictive content and the process by which it was created.

• Procedurally,

o the expediency in adoption, lack of transparency, and meaningful civil society participation has substantively limited the vision and scope of the Declaration as an overarching standard setting instrument for all stakeholders in the region.

• Substantively,

o the overall approach adopted by the Declaration, provides ASEAN member states an expedient to continue the denial and violations of rights under the protective shroud of culture and traditions of the region which are patriarchal and anachronistic standards that will continue to negatively impact women’s human rights in ASEAN. This is clearly embodied in the numerous articles of the general principles which places limitations rather than to promote and protect the full recognition and enjoyment of human rights by all in ASEAN;

o the Declaration, despite affirming its commitment to uphold international human rights principles and standards has allowed for limitations such as “balancing rights” with regional and national contexts and laws. This in the current political context of ASEAN, as well as the weak institutional climate for promotion and protection of human rights nationally, allows the member states to interpret the provisions in ways which may undermine their international commitments;

o continuing to limit the exercise of human rights and fundamental freedoms to meet the principle of “just requirements”, including on the basis of “public morality”[2], further demonstrates the lack of true commitment by the ASEAN member states to the duty to respect, protect and fulfil the human rights of the peoples of ASEAN. The Declaration fails to provide the measures and mechanisms to ensure appropriate checks and balances to interpret “just requirements” at the national level. Further, historically the notion of public morality has been used to deny and violate women’s human rights to sexual autonomy and bodily integrity.

As an organisation committed to the realisation of human rights of women, we are extremely concerned by the absence of these key elements, as well as inclusion of provisions which negate the full recognition of human rights, both in the process of drafting and adopting the Declaration itself and in the substance of its content.

In line with the mission to promote and protect human rights, democracy, fundamental freedom, rule of law and good governance, we urge the “People-oriented” ASEAN to ensure progressive interpretation and implementation of the Declaration in accordance to the spirit and commitments of internationally agreed principles and standard on human rights. The women of ASEAN demand the recognition and enjoyment of allhuman rights and fundamental freedoms unfettered and unrestricted by unnecessary justifications premised on traditional, patriarchal and anachronistic standards and interpretations which are embodied in the adopted Declaration.

It should be noted that all Member States of ASEAN are parties to the Convention on All Forms of Discrimination Against Women (CEDAW), as well as the Convention on the Rights of the Child (CRC), and is thereby obligated to ensure the recognition and promotion of women’s and children’s human rights and continue to uphold the principles of universality, non-discrimination and substantive equality of all peoples of ASEAN.

We, as a women’s human rights group, together with other stakeholders, will continue to monitor and demand for the full accountability of the ASEAN member states in fulfilling its obligations to the peoples of ASEAN without in any way undermining its obligations under international human rights laws. We want the guarantee of a regional Declaration which will withstand national, regional and international scrutiny in upholding universal principles of human rights.

Yours sincerely,

Audrey Lee

Officer in Charge

International Women's Rights Action Watch Asia Pacific
10-2, Jalan Bangsar Utama 9
59000 Kuala Lumpur
Malaysia
Tel: (603) 2282 2255
Fax: (603) 2283 2552
Email: iwraw-ap@iwraw-ap.org / iwraw_ap@yahoo.com / iwrawap1993@gmail.com

Website: http://www.iwraw-ap.org

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[1] IWRAW Asia Pacific is an NGO in Special Consultative Status with the Economic Social Council of the United Nations and has national partners in all 11 Southeast Asia countries. It facilitates and monitors the Implementation of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), an international treaty ratified by all member states of ASEAN. In collaboration with APWLD, it initiated the formation of the Southeast Asia Women’s Caucus on ASEAN, with a membership of over 50 women’s groups in the region.

[2] The statement of the Southeast Asia Women’s Caucus on ASEAN on the issue of public morality is fully supported by IWRAW Asia Pacific.