Posts Tagged ‘Asean Intergovernmental Commission on Human Rights’

Woman human rights defender Mary Jane Real from the Philippines

May 14, 2015

As part of the series “THE WOMEN WHO DEFEND HUMAN RIGHTS”, published by Protection International, here is Mary Jane Real from the Philippines:

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PI: Can you tell us a bit about how you have become a woman human rights defender?

MJR: I´ve been active in defense of human rights and women´s rights since I was a student… Around 2005, I started working with women human rights defenders (WHRDs) and became familiar with the term. At the time, Hina Jilani [former UN Special Rapporteur on human rights defenders] helped to create the Women Human Rights Defenders International Coalition (WHRD IC) of which I became the coordinator. That’s how I formally transitioned into a WHRD. You can call yourself any name, but I personally find it strategic to call myself a human rights defender. Rather than talk about human rights in relation to people you advocate for or the communities you work with, the term ‘defender’ acknowledges that as an activist you also have rights that you can claim and assert for. I believe that’s critical, especially in the face of political repression and other challenges that are faced by defenders.

PI: What is the added value of having the word ‘woman’ in the term ‘woman human rights defender’?

MJR: I think, for myself, it’s important to claim that label. Gender inequality is structural and therefore, even within the human rights movement, you cannot take it for granted that women’s rights are already implicated in the term ‘human rights defender.’

One major challenge for WHRDs is dealing with lack of recognition. Even if women hold leadership positions, they still struggle to be acknowledged in the public space as critical actors. Linked to this lack of recognition is the issue of the protection that you need to do your work. To be acknowledged as a defender implies that you deserve protection and support. Unless a woman defender is recognised as a legitimate activist and defender of human rights, protection and support will always be one step remote from the risks that she faces. So, to add the word ‘woman’ to the term ‘woman human rights defender’ helps to ensure that protection of and support for women human rights defenders is in place.

PI: What are the main challenges that you and other women human rights defenders from the Philippines have to deal with? 

MJR: The Philippines is still a predominantly Catholic country with a government that is towing the line of the Catholic Church. One of the main issues that women human rights defenders are working on in the country is the issue of reproductive rights. If a country would value reproductive rights as part of women’s rights, there would not be a pressing need for WHRDs to work on the issue. However, today we still see stigmatisation and defamation (for example, publicly calling these women bad mothers and many other defamatory labels to try to ruin their reputation) as two common violations of the rights of WHRDs in the Philippines due to resistance from the Catholic Church.

I have noticed that the level of threats received by women defenders in the Philippines is not as high in, say, Latin America. The risks might not be as alarming as being arrested or getting killed. As a consequence, the public doesn’t realise that what happens in the Philippines are actually human rights violations and that the issue needs to be addressed.

LM: How should this issue be addressed? 

MJR: Well, one consideration in addressing the violations of the rights of women defenders should be the psychological implications. The psychological impact of these violations are not picked up in any of the urgent appeals or other documentation. Yet, if you talk to these women, they often talk about being burned out, about desperately trying to see family, about their struggle to balance their personal life and their wish to defend their rights. These psychological implications are not addressed at all.

PI: What would different forms of protection include?

MJR: Firstly, we cannot say that one can only be a human rights defender when they’re at risk. Secondly, when we respond to their risk, when can’t just focus on physical forms of risks and threats. The psychological aspects have just as much of an impact on the defenders and we need to respond to this aspect as well.

I think a better form of protection would look at all these different aspects of risks, physical and psychological, reactive and preventive, and protection for the short and the long term. For many of the women defenders, this also means protection for their families. In their case, often they’re expected to take care of the children.

PI: Do you think there is a role for the government in protection of women human rights defenders? Through a public policy, for example? 

MJR: Definitely, but I also think there is still a long way to go before we get there, particularly in Southeast Asia. The ASEAN Intergovernmental Commission on Human Rights (AICHR) is more focused on promotion of human rights than on protection of human rights. This translates into a policy of non-intervention among member states.

It is therefore not surprising that the AICHR has not issued any statement on human rights issues involving states and that they have been reluctant in developing protection and redress mechanisms for human rights violations. As an intergovernmental body, AICHR reflects the human rights culture of the governments in Southeast Asia. That culture is not yet as robust and vibrant as in countries in Europe. There is an important role for civil society to advocate for governments to make protection part of state accountability.

PI: Is there anything that you would like to see changed for the next generation defenders?

MJR: I wouldn’t want the next generation to experience the same level of inequality that I have experienced in my lifetime, and my mother has experienced in her lifetime. I don’t want them to inherit those forms of discrimination and be apologetic about the fact that they are women defending human rights. I want them to be proud of the fact that they defend human rights and claim that space as a woman human rights defender.

The Women Who Defend Human Rights – Mary Jane RealProtection International.

Interview with Yuyun Wahyuningrum, Indonesian human rights defender, about ASEAN

June 14, 2014

On 20 June the ISHR Monitor published a portrait of Indonesian human rights defender Yuyun Wahyuningrum:

 

When human rights were included in the ASEAN Charter, which was adopted in 2008, Yuyun Wahyuningrum saw an opportunity to promote human rights discourse in the region through advocacy at ASEAN. Yuyun currently works as senior advisor on ASEAN and human rights for the Human Rights Working Group, a coalition of over 50 organisations working on human rights in Indonesia.

“Principles and values in human rights are something that we cannot negotiate” While the inclusion of human rights in the ASEAN Charter, and the creation of the ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2009 were concrete steps forwards in terms of promoting a human rights discourse, they also threw up challenges. One challenge has been the attempt by ASEAN States to impose their own interpretations of human rights standards that veer away from universality. It is imperative, says Yuyun, that AICHR should focus on complementing the global human rights system rather than breaking away from the principle of the universality of human rights.

“The role of civil society in influencing the debate is imperative” “AICHR will only gain legitimacy and authority on human rights if it develops a stronger partnership with civil society”

As an intergovernmental body AICHR struggles to balance its roles as a political body and as a human rights commission. The representatives of States on AICHR are nominated by governments and can be removed by them at any time. This has led to a lack of independence and a lack of political will to engage with its stakeholders, including the victims of human rights violations. Furthermore, ASEAN member States have been reticent in providing financial and technical support for the body which severely limits its capacity….Currently, AICHR is developing its ‘Guidelines on AICHR’s relations with civil society organisations’, which is to set out the modalities by which civil society can engage with the Commission. However the drafting process has been completely non-transparent to the extent that not only is it unclear when the document will be finalised, but it also remains to be seen whether the guidelines will promote or close down engagement by civil society.

“There is no ASEAN community without protection of human rights, especially the rights of those who defend the human rights of others” AICHR is not making any effort to interpret its mandate creatively so as to give itself the tools it needs to promote and protect human rights, including the ability to receive and investigate individual petitions, conduct country visits, issue precautionary measures to States, establish an effective early-warning system and response to emergency situations, and appoint independent experts. One interesting initiative was in fact proposed by a State. Indonesia invited AICHR to hear its report on the human rights situation in the country. This was inspired by the practice of the Universal Periodic Review (UPR). Thailand has agreed to be the next State to report to AICHR in August 2014. The regularisation of this initiative would be one way for AICHR to gain information on the situation of human rights in ASEAN States, as it is mandated to do.

After the first cycle of UPR the improvement of human rights in ASEAN countries still needs to be assessed in detail” As far as the international human rights system is concerned, and in particular the UPR and its impact on ASEAN States, the same resistance to international standards can be seen. For example, many of the recommendations accepted by ASEAN States are in those areas where they are most comfortable and confident that they have made progress such as the rights of persons with disabilities, human rights education, right to housing, women’s rights and children’s rights, amongst others. The recommendations most commonly raised by the international community, however, include torture, the protection of human rights defenders, freedom of opinion and expression, and cooperation with civil society at the national level, areas ASEAN States are reluctant to tackle. However, one improvement that has been seen in ASEAN countries through the UPR is a growing ratification rate of international instruments. While this may largely be because States see these as easy recommendations to satisfy, it does also provide tools for civil society in the struggle to ensure that universal human rights standards are not being diluted in the region.

For more information on the work of Yuyun and the Human Rights Working Group see http://www.hrwg.org/

Yuyun Wahyuningrum: Indonesian human rights defender | ISHR.

Protecting ASEAN human rights defenders and the case of Sombath Somphone

April 30, 2014

This radio interview [http://www.radioaustralia.net.au/international/radio/program/asia-pacific/whos-protecting-aseans-human-rights-defenders/1302596] is interesting because of its content but also because it found its way on the website of Terrorism Watch. If the implication is that forced disappearances are a form of state terrorism, the case of Sombath Somphone (discussed below) puts Laos in the docket:

A regional workshop in Bangkok has highlighted issues like enforced disappearances, legal support for families of the disappeared and peaceful assembly and association. High on the agenda is also protecting rights activists, within the ASEAN regional human rights system. Presenter: Sen Lam interviews Emmerlyne Gil, international legal advisor, International Commission of Jurists, Bangkok: Read the rest of this entry »

Human Rights Defenders slam Asean watchdog for being toothless

July 5, 2013

A network of Asean civil society organisations unveiled its review of the Asean Intergovernmental Commission on Human Rights [AICHR] on 20 June reports the Bangkok Post. Read the rest of this entry »