Supported by: Plan International (through P.S the Children, Malaysia)

Transcription

1 Report of the Second Regional Consultation on the ASEAN Civil Society Conference/ASEAN People s Forum (ACSC/APF) 2015, December 2015, Hotel Shah Village, Petaling Jaya, Selangor, Malaysia Introduction Supported by: Plan International (through P.S the Children, Malaysia) The Association of Southeast Asian Nations, or ASEAN, was established on 8 August 1967 in Bangkok, Thailand, with the signing of the ASEAN Declaration (Bangkok Declaration) by the Founding Fathers of ASEAN, namely Indonesia, Malaysia, Philippines, Singapore and Thailand. Brunei Darussalam then joined on 7 January 1984, Viet Nam on 28 July 1995, Lao PDR and Myanmar on 23 July 1997, and Cambodia on 30 April 1999, making up what is today the ten Member States of ASEAN. Background of ASEAN Peoples Forum (APF): Every year before the ASEAN Summit, a conference known as the ASEAN Civil Society Conference/ASEAN People s Forum (ACSC/APF) is held independently paralleled to the official ASEAN Summit. The ACSC/APF is a space for the people of ASEAN that is not only independent but also inclusive representing diversity of the ASEAN peoples. With the first ACSC convened by the Malaysian government as the ASEAN chair in 2005, the ASEAN Civil Society Conference/ASEAN People s Forum process since then evolved as the civil society s led process and each year was organized with the aims towards building community and solidarity amongst SEA peoples. Proposed objectives: To update the Regional CSO members on the APF 2015 planning by NOC, Malaysia Finalization of the Regional committee and its plans for the execution of the APF 2015, Malaysia Outcomes: 90 CSO participants from Malaysia & regional level engaged and updated on the APF 2015 planning process Enhanced participation by the CSOs compared to the 1 st regional consultation. Country updates provided by CSOs on APF 2015 planning Finalization of draft APF 2015 statement by CSO Draft Program schedule discussed and agreed

2 Release of joint CSO press statement on APF 2015 and call for governments to engage positively Finalization of the process and steps for effective APF 2015 including dates for 3 rd Regional consultation. Follow up About 90 participants from CSOs in Malaysia and the regional level participated in the 2 nd Regional consultation for APF 2015 organized by National Organizing Committee from 11 th 12 th Dec Few committees including drafting & program committee met on 10 th Dec at 2pm to discuss few aspects before the start of the consultation. Important Dates for the APF 2015 Discussions and outcomes of the Regional consultation The third draft of the ACSC/APF 2015 Statement to be distributed on 14 th December 2014 to all CSO s in the ASEAN network The fourth draft of the ACSC/APF 2015 Statement to be approved and endorsed by CSO s in the ASEAN network The ASEAN Foreign Ministers Meeting will be held on the 26 th to the 28 th January 2015 in Sabah. A delegation from the consultation will be sent to submit and explain the final statement. The ASEAN People s Forum will be held on 26 th and 27 th April 2015, Kuala Lumpur. The Guiding Principles, Engagement Modality and Thematic Focuses The session chair presented some general guidelines for the ACSC/APF 2015 guidelines: i. The guiding principles as the non-negotiable items ii. Engagement modality iii. Thematic Status of Statement and the Drafting Process In terms of the length of statement, the drafting committee initially wanted a three-page document, which expanded to five-pages. The idea was to have it short and succinct, instead of an exhaustive list of items. Additionally, a pre-draft would be able to be inclusive of voices who are not represented at the ACSC/APF itself, representing broader views. The process in which this was done was to extract and narrow down the regional concerns to three broad clusters. This process was a tedious consultative process to identify our three common priorities: democratic process, government and fundamental rights and freedom; discrimination and inequality; and development justice. At this stage, the committee would not be including new issues at this point in this statement and instead, try to include concerns within the 3 broad priority issues.

3 The second draft now based on feedback, and will receive more substantive points in this meeting. The committee would be circulating the third draft on the 14 th December, where 4 weeks will be given for national consultation. In terms of the second draft, we had hoped for more comments than what we expected to receive. We did get substantive and substantial comments from APMM, CDPC, PAN-AP, national level Philippines, Laos, Indonesia, and others. When we got these, Marjorie incorporated all these into one document; we deliberated on controversial issues and tried to make sure they were relevant to all. We considered all comments and most of the issues here. However, some were too specific that we were not able to include. There is a concern that the statement may have weighed too much on human rights issues and less on economics, development and trade. We acknowledge that it needs more work on the preamble section, we will try to follow up as we need the language from you. Use of APF Statement The statement would be used to impact the ASEAN ministerial meeting in. We have requested for space and time to hand over the statement and explain the content. Discussion pertaining to Child rights during the Consultation: Child rights issues do not stand in isolation, but together with other issues including migrants and refugees, trafficking, indigenous peoples issues, as children live among them. The voice of the children voice hardly ever gets heard. We request that when each thematic group discuss, to include a children component. The TPPA is going to increase child trafficking and vulnerabilities. There will be workshops at the ACSC/APF. Background: The looming ASEAN Economic Community which will be signed in 2015 will have a great impact on the lives of children and their families. CSOs involved in the advocacy for child rights aim to call for urgent policy measures that would enhance safeguards for children. The review of the ACWC TOR and existence of the Declaration of the EVAW and EVAC are opportunities for child rights advocates to influence greater child protection measures. Purpose: - To inform participants about the negative impact of AEC on children s realization of their rights - For children to share their views on AEC s impact on their rights - To come up with a policy statement addressed to ASEAN and ACWC including national governments Advocacy: As children voices are never heard, it is decided to have workshop at regional level to advocate on Child Protection through addressing impact of AEC. All the thematic groups are requested to incorporate or include children in all the thematic areas especially migration, refugees, trafficking, indigenous groups children cannot be excluded or neglected as the impact on them is high.

4 Methodology: Prior to the APF - CRC Asia members would like to conduct national level consultations with children related to ASEAN issues and get their views or recommendations brought to APF through workshops. - Awareness building among children about AEC and ASEAN and need for greater child protection - Consultation with children on priority issues in light of AEC - Development of children s statement to be presented during the APF - Selection of child representatives to the APF During the APF - Evidence-based presentation of impact of AEC on lives of children - Open Forum and development of statement - Dissemination of statement to media and CSOs Participants: - Child rights groups and other CSOs - ACWC and AICHR representatives Output: - Policy recommendations addressed to ACWC and ASEAN Estimated number of delegates for ACSC/APF 2015 The total estimated national number, taking the minimum and maximum range into account is delegates Thailand 100, Cambodia 60-70, Indonesia unpredictable, Singapore 10-11, Philippines 30-40, Brunei 20, Vietnam 40-50, Laos- about 50, Burma plus migrant Burma, Timor Leste 5-6. Annexe: Participants list *******************************

5 Report on National CSO Consultation on ASEAN and Child Rights Organized by P.S the Children, Malaysia and supported by Plan International Date: 13 th Dec 2014 Venue: Hotel Best Western, Petaling Jaya, Malaysia Total Participants: 51 (including P.S The Children team) Resource Persons: Ms. Jaymie Reyes, Ateneo Human Rights Centre, Philippines Ms. Sumitha Shaanthini Kishna, Bar Council, Malaysia Mr. Phenny Kakama, UNICEF Malaysia Objectives proposed: To sensitize 51 members from civil society organizations working with children in Malaysia on ASEAN process and mechanisms. To facilitate civil society organizations in Malaysia on identifying key areas for advocacy at the ASEAN Regional level on Child Rights. To develop a single platform for child rights groups in Malaysia to effectively lobby at the APF 2015 process Outcomes: Improved understanding among 51 participants on ASEAN process, its structure and mechanisms within ASEAN displayed through sharing and discussions. Participants sensitized on capitalizing ASEAN process as platform for child rights lobby and wider awareness generation among public. Issues and challenges in terms on protection rights of the children identified through group discussions (for advocacy during APF 2015 through workshops/seminar) Organization such as Good Shepherd, WCC have shown keen interest in engaging at APF 2015 with P.S The Children. This requires follow up Trending interest in partnership with P.S The Children for programs on Child Rights and protection Follow up: P.S the Children to follow up with interested organization and provide necessary updates on APF 2015 Follow up is on with individual organization such as Cerebral Palsy association of Penang for program tie up.

6 Brief report on the Consultation The consultation started with welcome note and brief introduction by Ms. Nagasayee Malathy, Executive Director (P.S the children) on the need for the consultation and the role of P.S The children in engaging in ASEAN process in the last couple of years. Session 1: 9.50am 11am Resource person: Ms. Jaymie Reyes from Working Group on ASEAN, Ateneo Human Rights Centre, Philippines Introduction: Ms. Jaymie is the Program Officer of the Working Group for an ASEAN Human Rights Mechanism and a staff lawyer of the Ateneo Human Rights Centre, which is the Secretariat of the Working Group. Ms. Jaymie Reyes started the session briefing the participants on the ASEAN, its importance and the structures and mechanisms with the ASEAN for the participants. Topics covered under the session: Milestones of ASEAN Role of ASEAN Human Rights Mechanisms ASEAN Process and its challenges ASEAN process: Opportunities The session was later opened for the participants for Q&A session. But there were no questions from the participants.

7 Ms. Jaymie Reyes presenting her session Participants at the consultation Session 2: 11am 11.45am Resource person: Ms. Sumitha Shaanthini Kishna, Bar Council of Malaysia Introduction: Sumitha Shaanthinni Kishna is currently the Assistant Director at Bar Council Malaysia. She has been employed in Bar Council since Sept 2007 and has assisted various committees including the Human Rights Committee, Migrants Refugees & Immigration Affairs Committee and Industrial & Employment Law Committee. She is also the Head of Department of the Practitioners Affair Division at the Bar Council Secretariat.She holds a LLB (Hons) and was called to the Malaysian Bar in She is a qualified mediator and on the mediators panel of Bar Council Mediation Centre.Sumitha serves in various national, regional and international groups/coalitions to advocate for the protection and rights of migrants, refugees, stateless persons, trafficked persons, and foreign spouses. She is currently the Malaysian National CSO representative attending the Asean Forum on Migrant Labour. She also represents the regional coalition of SEA Women Caucus at AICHR and ACWC meetings. Session extract: Ms. Sumitha started the session with the brief introduction about the ASEAN and APF/ACSC process within the ASEAN. The extract and major inputs from her sessions are as projected below: APF/ACSC 2015

8 Name of the national organising committee for APF in Malaysia - ASEAN Civil Society ACSC/APF National Organizing Committee (NOC) Jerald Joseph (KOMAS) and Yap Swee Seng (SUARAM) Co-Chairpersons of the NOC Steering Committee, Programme Committee, Drafting Committee and Media Committee 1 st Regional Meeting on - 24 & 25 Sept 2014 & 2 nd Regional Meeting on 11 & 12 Dec 2014 ASEAN an opportunity to advance Child Rights, why? Build network with national and regional CSOs in the region Learn about child rights in the region Learn various and different advocacy strategies = increase learning curve Advocate common issues on child rights eg child marriages Strength in numbers = stronger voice = increased visibility for child rights More likely to be recognised and invited by governments Pool resources and reduce duplicity of work Meet funders increase funding opportunities Strengthen smaller NGOs How to advance Child Rights using APF 2015 At the National Organising Committee meetings Join the thematic groups At the Regional Meeting 23 Jan 2015Meet other national & regional groups in the region working on child rights At the APF/ACSC Apr Co-organise workshops - Draft recommendations & publicise - Produce report on workshop and use that as tool to advocate Ms. Sumitha also introduced the participants to ASEAN Commission for promotion & protection of Rights of Women & children (ACWC). She provided the participants with the background, related conventions and commitment from the member states, ACWC principles, Rule of procedure and work plans of ACWC members in each country. She also suggested the participants the following steps to engage with ACWC in each country: Learn the structure of ACWC Know the conventions / declarations

9 Articulate your issue within the Working Plan / Declaration/Convention Know your representatives initiate contact If unable to meet, send in written recommendations Attend ASEAN level meetings - knowledge comes with constant interactions Ms. Sumitha during her session Session 3: 12pm 1pm Resource person: Mr. Phenny Kakama, UNICEF Introduction: Mr. Phenny Kakama, Senior Child protection specialist at UNICEF Malaysia -for the last 3 years. Previously worked close to 4 years as a child protection specialist in UNICEF Tanzania. Prior to joining UNICEF, worked for Save Children in Uganda and Rwanda close to 10 years as a child protection programme manager. My professional training is in Social Work. Presentation extract Principle 4 of the ASEAN Human Rights Declaration: The rights of women, children, the elderly, persons with disabilities, migrant workers, and vulnerable and marginalised groups are an inalienable, integral and indivisible part of human rights and fundamental freedoms. The ASEAN structures and its commitment ASEAN Intergovernmental Commission on Human Rights (AICHR) established to promote and protect human rights across Southeast Asia. ASEAN commission on the protection and promotion of women and children (ACWC)

10 Established in serves as a platform for dialogue among member states to address inequalities that target the most marginalized groups in ASEAN society, especially women and children. ASEAN s Commitment for Children promotes and protects children s rights in two major ways: i) by ratifying international agreements and abiding to international standards and ii) by developing regional standards through declarations and agreements that focus on children s rights. Mechanisms to engage ASEAN Secretariat s led events ASEAN Governments led events (Interface Meeting with ASEAN leaders during Summit) ASEAN Sectoral ministers led events ASEAN civil society forums: Submitting reports/inputs/ position papers Media discussion, Human rights specific forums: (again these are numerous) ASEAN Children s Forum (ACF) Key areas for advocacy Implementation of the Declaration on the elimination of all forms of VAC and VAW Health Advocacy for all Birth registration for all children Quality of education and inclusive education especially for children with disabilities Social protection- targeting the most vulnerable and disadvantaged Reforms in child protection and child justice systems Lifting reservations on CRC,CRPD Enhancing engagement with ASEAN process Engagement with children through the ASEAN Children s Forum Know your and engage with your representatives to the ACWC Ears to the ground for advocacy opportunities Working with UNICEF- MOU signed with ASEAN on 3/

11 Identification and articulation of issues and knowing exactly which organ to address them Mr. Phenny Kakama, Child Protection specialist, UNICEF facilitating session with the participants Session 4: 2pm 4.30pm Workshop Group session The participants were requested to select the interested group based on the proposed 4 topics for discussions. Violence against children Ms. Malathy (facilitator) Rights of Children with special status Mr. Vijay (facilitator) Right to health for children Ms. Asha Singh Lim (facilitator) Child Participation Ms. Cathryn Anila & Ms. Farah (facilitator)

12 Above: Ms. Malathy, Executive Director, PS The Children facilitating the group on Violence against Children (VAC) Above: Ms. Asha facilitating the Rights to Health discussion

13 Above: Rights of Children with special status Group discussions Participants List: refer annexe End of Report *******************