Nov 15, 2013 | News
The ICJ and Amnesty International urge the Association of Southeast Asian Nations (ASEAN) to increase efforts to protect the rights of women and children.
ASEAN must act in light of the newly adopted Declaration on the Elimination of Violence against Women and Elimination of Violence against Children, which was recently adopted at the 23rd ASEAN Summit in Bandar Seri Begawan, Brunei Darussalam, the rights groups said.
The Declaration states the commitment of all 10 ASEAN member states to further “prevent and protect [women and children] from and respond to all forms of violence, abuse and exploitation of women and children particularly for those who are in vulnerable situations”.
AI and ICJ welcome this commitment, which allows for no exceptions or discrimination, while expressing concern that no explicit mention was made of lesbian, bisexual, transgender and intersex women and children in the non-exhaustive list of those requiring particular protection from discrimination and violence that follows this general statement.
The Declaration details a wide array of measures that Member States should take, within “a holistic, multi-disciplinary approach”, in order to eliminate violence against women and children.
These include changes to legislation, policies and practices; training and education; investigation, prosecution, punishment and where appropriate rehabilitation of perpetrators; creating an enabling environment for the participation of women and children; and the development of strategies for the elimination of harmful practices.
AI and ICJ pointed out that the Declaration suffers from some serious deficiencies in substance, as well as in the process of its adoption.
In terms of process, most ASEAN Member states failed to meaningfully consult with national civil society in the elaboration of the Declaration.
Only Philippines, Indonesia, Thailand and Vietnam held consultations, which in some of these states were limited.
This problem was compounded once the ACWC had finalised its draft, as the discussions and approval processes thereafter were completely shrouded in secrecy.
This final draft was never circulated to women’s and children’s groups in the region, despite written requests from several civil society groups calling for its release.
This unacceptable lack of transparency violates international guidelines on consultation with civil society, the ICJ and AI stressed.
AI and ICJ also deplore the fact that the Declaration reaffirms the General Principles of the discredited ASEAN Human Rights Declaration (AHRD), some of which are wholly incompatible with international law and allow for impermissible restrictions on human rights.
The two organizations reiterate their call to revise the AHRD, particularly by repealing or substantially amending General Principles 6-8, so as to bring it into line with international human rights law and standards.
AI and the ICJ further underline that international law allows no justification for violence against women and children and requires States to comply with their obligations to prohibit, prevent, investigate, punish and ensure reparations for victims of such violence in all circumstances.
Nothing in the Declaration may be construed to circumvent ASEAN Member States’ obligation to eliminate “prejudices and customary and all other practices” as well as “harmful and discriminatory traditional practices” that amount to, result in or perpetuate violence against women and children.
In addition, a significant omission of the Declaration is the lack of a reference to economic barriers to protection, assistance and justice faced by women and children in situations of violence.
ASEAN Member States should ensure that financial means do not impede access to justice, particularly of those living in poverty.
The rights groups also highlighted that ACWC rejected the proposal from women and children groups to have two separate declarations.
Although both women and children share similar vulnerabilities necessitating for additional protection, there remains certain rights, approaches and differing needs that are specific to each groups that could only be adequately addressed by having two separate declarations.
AI and the ICJ stated that ASEAN’s determination to end violence against women and children will ultimately be measured only by effective implementation of the Declaration in a manner which complies with their international obligations.
The Declaration tasks the ACWC to promote the implementation of the Declaration and review its progress.
AI and the ICJ call on the ACWC to actively implement this mandate, and for ASEAN Member States to cooperate with the ACWC in fulfilling this role.
Oct 4, 2013 | Events
On 2 and 3 October 2013, the Office of the High Commissioner for Human Rights held a workshop on business and gender with the Human Rights Council’s Working Group on Discrimination against Women.
The ICJ participated in the workshop, addressing some of the ways in which business actors may be involved in women’s rights abuses and how States may fail to discharge due diligence obligations in this context. The ICJ’s presentation had a particular focus on accountability and the right to redress, and also explained the relevance to those issues of States’ extraterritorial obligations in respect of economic, social and cultural rights.
ProgrammeAgenda-BusinessAndGenderWorkshop (download the programme agenda for the workshop)
Sep 13, 2013 | News
The ICJ denounced the death sentences handed down in the Delhi gang rape and murder case and urged the Indian Government to take steps to abolish the death penalty in law and practice.
A special fast-track court today sentenced to death four men convicted for the gang rape and murder of a 23-year-old student on 16 December 2012.
The fifth accused, who was a minor at the time he committed the crime, was convicted and sentenced to three years in a reform home by a juvenile court on 31 August 2013.
“Women’s rights groups in India have taken a firm stance against the death penalty and strongly believe that the death penalty is counterproductive in every way to preventing and curtailing sexual violence against women,” said Vrinda Grover, leading human rights lawyer and ICJ’s South Asia advocate.
The ICJ considers the death penalty to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
“Those who commit acts of violence against women must be prosecuted and brought to justice,” said Sheila Varadan, ICJ’s South Asia Legal Advisor. “But the sentence and the administration of the death penalty constitutes a perversion of justice.”
“Instead of giving in to the vengeful demand for killing the perpetrators of this horrific crime, the Indian Government must take concrete steps to prevent, investigate and punish acts of violence against women,” Varadan added.
A high level commission constituted to reform Indian law on violence against women, led by the late Chief Justice of the Indian Supreme Court Justice J.S. Verma, recommended that the death penalty should not be used in rape cases.
“In demanding and securing the death penalty, Indian authorities have created a spectacle that distracts from their responsibility for systemic change in the legal system which alone will create deterrence in law,” said Vrinda Grover.
The ICJ calls on India to join the great majority of States around the world in rejecting the use of the death penalty.
To that end, India should impose a moratorium on the practice and take steps towards its abolition, as prescribed by repeated United Nations General Assembly Resolutions, the ICJ says.
Contacts:
Sheila Varadan (Bangkok), ICJ South Asia Legal Advisor, t: +66 857 200 723 (mobile); email: sheila.varadan(a)icj.org
Ben Schonveld (Kathmandu), ICJ South Asia Director, t: +977 980 459 6661 (mobile); email: ben.schonveld(a)icj.org
Additional Information
The United Nations has adopted various instruments in support of the call for the worldwide abolition of the death penalty. In 2007, the UN General Assembly adopted a resolution emphasizing that ‘that the use of the death penalty undermines human dignity’ and calling for the establishment of a moratorium on the use of the death penalty ‘with a view to abolishing the death penalty.’ The resolution was reaffirmed in 2008, 2010, and most recently in December 2012, when a large majority of UN Member States voted in favor of a worldwide moratorium on executions as a step towards the death penalty’s abolition.
Currently, 150 countries worldwide, including 30 states in Asia and the Pacific region, have abolished the death penalty in law or in practice.
Rape and other forms of sexual violence against women are pervasive in India. According to the National Crime Records Bureau, 24,923 rape cases were registered in India in 2012. Experts believe that the actual number is much higher, as rape is vastly under-reported. In most cases, however, victims and survivors get no justice from a criminal justice system that has been widely characterized as gender-insensitive, under-resourced and corrupt.
Photo: PTI
Sep 5, 2013 | News
The ICJ collaborated on this judicial colloquium with the UN Entity for Gender Equality and Empowerment of Women and the Thailand Office of the Judiciary.
The Judicial Colloquium on Gender Equality Jurisprudence and the Role of the Judiciary in Promoting Women’s Access to Justice was held from 4 to 5 September 2013 in Bangkok, Thailand.
Judges from eight Southeast Asian countries (Cambodia, Indonesia, Lao PDR, Myanmar, the Philippines, Thailand, Timor Leste, and Thailand) came to the colloquium to discuss the role of judges in the implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Representatives from the eight countries’ judicial training institutions and civil society organizations joined them in this colloquium. All eight participating countries are parties to the CEDAW.
The judicial colloquium is part of the work of the ICJ in engaging various actors, including judges, lawyers, and human rights defenders, to explore ways to address the range of obstacles that persistently reduce women’s access to justice and legal protection.
Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific, also noted the importance of this colloquium in the context of the development of a regional human rights mechanism in the ASEAN. He observed during his opening speech that the ASEAN is in the midst of setting standards and emphasized “it is important for judges to be aware of international standards of this issue so that they can substantially contribute to the discourse in setting up a regional mechanism.”
At the end of the colloquium, the participating judges, representatives from judicial training institutes and civil society organizations adopted a statement which noted, among other things, the uneven progress in the implementation of CEDAW in domestic laws and that judges should strive to interpret domestic law in consonance with the CEDAW.
They also agreed on recommendations, one of which is to encourage the formation of a regional network of judges to promote continuing dialogue, knowledge and information sharing regarding the application of CEDAW and other international human rights treaties in judicial systems.
Contact:
Emerlynne Gil, International Legal Advisor, tel. no. +66 6198477 ext. 206 or emerlynne.gil(a)icj.org
