ASEAN Human Rights
Mechanism and Disability
DRTAP Conference on 22 October, 2010
Taisuke Miyamoto
Project Coordinator
“Mainstreaming Disability Perspectives
in ASEAN Community”
DPI Asia-Pacific
Outline
Sub-regional Approach: ASEAN and Disability
1.
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2.
Sub-regional approach
ASEAN and ASEAN human rights mechanism
ASEAN and Disability
Civil Society and Disability in ASEAN
DPOs in ASEAN
Conclusion
Subregional Approach and ESCAP

Subregional Offices
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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


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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 subregional offices of ESCAP
DPO’s action in subregions
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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)
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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

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ACWC was quickly established as all 10 countries
already ratified CEDAW and CRC
Weak tie between HR mechanism and
implementation of 3 pillars, especially SocioCultural Pillar
“Promotion” rather than “Protection”
Disability in ASEAN policies
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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

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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 HR
in ASEAN

ASEAN promotes collaboration with CSO


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CSO’s action on HR in the region
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Secretary-general’s commitment
Entities Associated with ASEAN including
Accredited CSOs (Charter Article 16)
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

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Not only “promotion” but “protection”
How to promote “protection system”
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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
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
For most CSOs, disability is a new challenge
DPI AP mainstreams disability into CSO
proposals/activities

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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
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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

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“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”

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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 SocioCultural 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 multistakeholders at subregional level