A submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade regarding the human rights issues confronting women and girls in the Indian Ocean - Asia Pacific region.

Amnesty International Group, University of Western Australia

May 21, 2014

1

Contents

Executive summary iii 1 Maternal health-care in the Philippines1 by Georgia Frew 1.1 What’s the problem?...... 1 1.2 How to fix it?...... 2 1.3 Australia’s role...... 3 2 Girls’ access to education in India5 by Alvin Djajadikerta 2.1 Gender discrimination in access to education ...... 5 2.2 Conclusions...... 6 3 Women’s rights in Indonesia7 by Jasmine Ruscoe 3.1 Women’s rights under sharia law...... 7 3.2 The continued practice of female genital mutilation...... 8 3.3 Conclusions...... 8 4 Domestic violence, rape and the criminal code in India9 by Fiona McRobie 4.1 Domestic violence as a violation of human rights...... 9 4.2 Domestic violence and marital rape in India...... 10 4.3 Australia’s response ...... 11 5 Female Child Labour 13 by Theadosia Kurniawan 5.1 Child Labour in the Asia Pacific Region...... 13 5.2 Demand of Girls as Workers...... 14 5.3 Case Study: Cambodia 2010, Pharady...... 14 5.4 Conclusion ...... 15 6 Women and the Ready Made Garment Industry 17 by Elsbeth Wood 6.1 The Ready Made Garment industry and gender equality- A case study of Bangladesh ...... 17 7 Sex tourism 19 by Catherine Graville 7.1 Defining sex tourism...... 19 7.2 Sex trafficking and ’voluntary’ workers...... 19

i ii CONTENTS

7.3 Why Asia? ...... 20 7.4 What can be done?...... 20 8 Human rights of women in Australias offshore detention fa- cilities 23 by Somayya Ismailjee 8.1 Women in Australia’s Pacific island detention centres ...... 23 8.2 The systematic denial of basic rights and adequate health care to women detained on Nauru and Manus Island, particularly pregnant women ...... 23 8.3 Recommendations ...... 25 Executive summary

The following document is a submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade regarding the human rights issues con- fronting women and girls in the Indian Ocean - Asia Pacific region in response to the call for submissions dated 28th February 2014 from the Amnesty Inter- national group at the University of Western Australia. This submission was compiled by students, most of whom are not experts in human rights law, on topics of great concern to them. We hope that the range of topics, country- specific issues, and case studies presented here gives some insight to the breadth of human rights issues facing women and girls in the region.

Australia has the opportunity to play a critical role in supporting nations who are seeking to improve access for women to essential healthcare and education. In chapter1, Georgia Frew discusses the progress made by the Philippines in seeking to provide equitable access to maternal healthcare. She documents how the National Safe Motherhood Programme has proven beneficial thus far, but there is scope for more improvement, including improving infrastructure, training health workers and educating women about the services available to them. Chapter2 provides a brief introduction to girl’s access to education in India. Alvin Djajadikerta describes how although the Right of Children to Free and Compulsory Education Act was introduced in 2010, a number of cultural factors still impede access to education for many girls. This impacts across society, with studies drawing close links between educating girls and reducing infant mortality.

Australia, too, must speak up regarding human rights abuses which remain embedded within legal structures and cultural frameworks, even when these nations are our friends. Three short essays on womens rights in Indonesia, the marital rape exemption in India, and female child workers in Cambodia are presented in this context. Jasmine Ruscoe (chapter3) discusses female genital mutilation, the lack of sexual health education, and the impact of sharia law on women in Aceh. In chapter4, Fiona McRobie details the decision in 2013 to retain the marital rape exemption in the Indian Penal Code, and how this has recently played out in the courts. Chapter5 provides a case study from Cambodia of a girl, Pharady, who was required to work in a factory aged 11 in order to assist her mother pay back debts. Theodosia Kurniawan describes how nearly 50% of children in Cambodia aged 7-14 are working, often in hazardous sectors.

iii iv EXECUTIVE SUMMARY

The Australian government can also enact change through trade. The ready made garment industry employs around 4 million workers in Bangladesh, of whom around 70% are women. Elsbeth Wood (chapter6) details how garment workers rights are a womens rights issue, and explains how Australia might put pressure on the Alliance for Bangladesh Worker Safety to ensure the im- plementation of health and safety measures. Similarly, as Catherine Graville explains in chapter7, Australian citizens themselves can play a role in push- ing for womens’ rights in the region. Sex tourism is widespread in Thailand, Indonesia and the Philippines, and, as such, Westerners are playing a role in supporting sex trafficking. The Australian government should seek to combat this issue from home through education campaigns which seek to inform and change attitudes towards women in the sex industry.

Finally, we cannot speak up for human rights abroad when we have not dealt with issues at home. In our final chapter, Somayya Ismailjee details the issues facing women in Australia’s offshore detention facilities. Pregnant women, in particular, face very difficult circumstances, being both denied adequate ob- stetric care, while also living in cramped, overcrowded tents during extreme heat. The indefinite detention of asylum seekers stands in opposition to inter- national human rights treaties, and this policy poses extreme risks to pregnant women.

Isabella Houston President Amnesty International Group of the University of Western Australia May 2014 1. Maternal health-care in the Philippines by Georgia Frew

Figure 1.1: “After the typhoon, I was worried about where I would give birth,” she says. “I never thought someone would come and help. I thought it would be just me and my husband”.1

1.1 What’s the problem?

In the Philippines, the gross differences in geography and income distribution mean many of its poorest inhabitants are isolated in hard-to-reach mountainous or coastal areas. There is a huge disparity between the maternal care received by women across the spectrum, with 94% of women in the wealthiest fifth

1Photo and quote from: Time Magazine. 2014. A Roadside Birth: Lynsey Ad- darios Remarkable Philippine Photos Lightbox. http://lightbox.time.com/2014/ 02/20/a-roadside-birth-in-the-philippines-lynsey-addarios-remarkable-photos/ #ixzz31DSvne8P.

1 2 CHAPTER 1. MATERNAL HEALTH-CARE IN THE PHILIPPINES delivering with a skilled birth attendant, and only 25% in the poorest; 84% of women in the richest fifth had a facility-based birth, compared with 13% in the poorest2. Compounding this, fertility rates in 2008 sat at 1.9 in the richest fifth, and 5.2 in the poorest. It is estimated that seven women die every 24 hours from pregnancy-related causes in the Philippines (2010 numbers).

1.2 How to fix it?

There are studies assessing previous programs to improve maternal care in the Philippines that show a positive outcome, such as the National Safe Moth- erhood Programme2,3,4 proving that interventional change to improve maternal health outcomes is possible!

A recent Australian study5 gave recommendations that would help govern- ment departments in the Philippines make plans for improving maternal and neonatal health. Using local evidence, it concluded the core aims include:

1. Expanding the memberships and activities of community health teams (like recruiting midwives)

2. Health worker training.

3. Improving the provision of essential supplies.

4. Promoting giving birth at a health care facility.

5. Improving infrastructure.

6. Educating the people about services offered.

2Dale Huntington, Eduardo Banzon & Zenaida Dy Recidoro. A systems approach to improving maternal health in the Philippines. Reproductive Health and Research Depart- ment, World Health Organization, The World Bank, Manila, Philippines, National Center for Disease Prevention and Control, Department of Health, Manila, Philippines. November 2011. 3Transforming the Philippines health sector: challenges and future directions. Pasig City & Washington: The World Bank; 2011. Available from: http://www-wds.worldbank.org/ external/default/WDSContentServer/WDSP/IB/2011/08/05/000386194_20110805013231/ Rendered/PDF/635630WP0Box361516B0P11906800PUBLIC00ACS.pdf 4Lavado RF, Lagrada LP, Ulep VGT, Tan LM. Who provides good quality prenatal care in the Philippines? (Discussion Paper Series No. 2010-18). Makati City: Philippine Institute for Development Studies; 2010. 5Bernardino Aldaba, Sophie La Vincente, Aleli D. Kraft, Eliana Jimenez-Soto, Zoe Det- trick, and Sonja Firth. Maternal and Child Health in the Philippines: Scaling up Priority Health Care Services. Investment Case. Australian Government AusAID, Bill & Melinda Gates Foundation. http://www.uq.edu.au/investmentcase/Scale%20up%20report/phil% 20scale%20up%20brief.pdf 1.3. AUSTRALIA’S ROLE 3

1.3 Australia’s role

Maternal health in the Philippines in remote areas can still be improved on a large scale through a variety of outlets. This means continuing to work on aims as outlined previously from an international stage and also encouraging local governments to take more responsibility and be more transparent regarding their delivery of such services. In 2013/14 year Australia contributed 170 million AUD to the Philippines6 for various aims which have the potential to indirectly improve maternal health, but there’s still a way to go.

6Australian Government Department of Foreign Affairs and Trade. http://aid.dfat. gov.au/countries/eastasia/philippines/Pages/default.aspx

2. Girls’ access to education in India

by Alvin Djajadikerta

Educating girls can save millions of lives. There are few more dramatic illustrations of the power of education than the estimate that the lives of 2.1 million children under 5 were saved between 1990 and 2009 because of improvements in girls education. - UNESCO, Education for All Global Monitoring Report1

2.1 Gender discrimination in access to education

Education is crucial in building capabilities, and lack of access to adequate schooling is a major cause of disadvantage. In many regions of the Indo-Pacific, there is significant gender discrimination in access to education. One particular case in point is India. Being the world’s second-most populous country, India is of much importance to the Indo-Pacific region. Despite strong economic growth over the last several decades, many are still lacking adequate education, of whom a disproportionate number are women. This deficiency in education is tied in with and contributes to many of India’s other social problems. Thus education is a central human right and it is of high priority that we take action towards achieving universal education for all, regardless of gender.

India has had difficulty achieving educational outcomes for much of its pop- ulation, with many not completing an adequate education. This problem is significantly more pronounced in females than males. For example, the effec- tive literacy rate for males above age 7 was found to be 82.14%, while for females it was only 65.46%2. The school dropout rate for adolescent females may be as high as 64%, with girls from ethnic minorities being particularly disadvantaged 3.

1UNESCO (2013) Education saves lives, Available at: http://unesdoc.unesco.org/ images/0022/002231/223115e.pdf 2United Nations Population Fund. (2009). The State of World Population 2009’. Retrieved from http://www.unfpa.org/webdav/site/global/shared/documents/ publications/2009/state_of_world_population_2009.pdf 3Human Rights Watch. (2014). “They Say We’re Dirty”: Denying an Education to India’s Marginalized. Retrieved from http://www.hrw.org/sites/default/files/reports/ india0414_ForUpload_1.pdf

5 6 CHAPTER 2. GIRLS’ ACCESS TO EDUCATION IN INDIA

Many factors may contribute to this gender inequality in education. A key factor is the inadequate infrastructure available in most schools. The Right of Children to Free and Compulsory Education Act was introduced in 2010 as an attempt to provide equitable education to all. Though a three year deadline was set to meet standards of improvement, most schools were not even able to meet requirements for basic facilities such as adequate drinking water and separate toilets for males and females2. This could make it difficult for girls, especially, to access schooling. Cultural factors also play a huge role in limiting girls’ access to education. There have been reports of girls being made to leave school, due to fear for their safety, and pushed into child marriages instead2. This interaction of factors poses many impediments to educational access.

Due to education’s importance in building capabilities, gender inequality in education not only detriments those directly affected, but also has far reaching impact on wider society and future generations. One particularly important indirect effect is that on child mortality. The Education For All Global Mon- itoring Report4 has found that women’s access to education has significant impact on the likelihood of under-5 child mortality. As educated mothers are better informed about diseases and are more prepared to deal with them, the probability of their children surviving is increased. There have been consider- able improvements in education over recent years, and there has been a cor- responding decrease in child mortality. However, there is still much room for improvement. The report predicts that if all women completed secondary edu- cation, child mortality would fall by 49%. Pushing for further improvements in education is key for achieving economic and social development in the country as a whole.

2.2 Conclusions

Education is a fundamental human right, and inadequate educational oppor- tunities for girls are a major impediment to their future opportunities. Elimi- nating inequity in education is crucial for empowering individuals and enabling them to achieve an adequate quality of life. Ensuring access to education for all, regardless of gender, will create great improvement not only in those newly educated, but also to society as a whole. Therefore, it is of the highest priority that is taken towards building effective infrastructure, eliminating discrimina- tion, and encouraging female education.

4United Nations Educational, Scientific and Cultural Organization. (2014). Education For All, Global Monitoring Report 2013/4. Retrieved from http://unesdoc.unesco.org/ images/0022/002256/225660e.pdf 3. Women’s rights in Indonesia by Jasmine Ruscoe

Indonesia plays an important role in upholding human rights in the Asia Pacific, setting a good example through ASEANs Intergovern- mental Commission on Human Rights, and the ratification of several treaties including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. While Amnesty In- ternational praises these developments, here several continuing prob- lems are highlighted, especially in relation to women and girls.

3.1 Women’s rights under sharia law

Women face discriminatory laws about their appearance and behaviour: laws based on an extreme interpretation of sharia law which is carried out by vig- ilante groups, as well as the police. Earlier this year, for example, a 25 year old widow and her 40 year old alleged partner were found inside the womans home in Aceh by eight vigilantes who tied and beat the man, repeatedly raped the woman, then covered the couple in raw sewerage before delivering them to the local police station1,2 . While three of the rapists are in custody, there are fears that these men will not be prosecuted to the full extent of the law, while the woman will be. Teungku Faisal Ali - the head of the Aceh chapter of the countrys largest, and usually considered moderate, Islamic organization, Nahdlatul Ulama supports the punishment of the rapists with jail sentences of up to 15 years, but for the reason that they have set back efforts to uphold sharia in Aceh, rather than because of their behaviour toward the widow1.

Marriage and health are also very different for women. The legal age for a woman to marry in Indonesia is 16, whereas for men it is 19, and young marriages abound, especially in slum and rural areas3. Meanwhile, education about HIV/AIDS is severely lacking, with only around half of the male popula- tion, and about 40% of females, aware of basic facts such as that someone can

1Bachelard, M 2014, Aceh woman, gang-raped by vigilantes for alleged adultery, now to be flogged, Sydney Morning Herald. Last accessed 16 May 2014 http://www.smh.com.au/world/ aceh-woman-gangraped-by-vigilantes-for-alleged-adultery-now-to-be-flogged-20140507-zr5x3. html 2Ruble, K 2014, Indonesian Woman Allegedly Gang-Raped For Adultery May Now Face Public Caning, Vice News. Last accessed 16 May 2014 https://news.vice.com/article/ indonesian-woman-allegedly-gang-raped-for-adultery-may-now-face-public-caning 3Amnesty International 2014, Indonesia Setting the Agenda: Human Rights Priorities for the New Government, Amnesty International, London. Last ac- cessed 16 May 2014 http://www.amnesty.org/en/library/asset/ASA21/011/2014/en/ 150d65e8-e6f4-4bcf-98d8-b17b04d968e2/asa210112014en.pdf

7 8 CHAPTER 3. WOMEN’S RIGHTS IN INDONESIA carry the disease and yet look perfectly healthy4,5 . Contraceptive prevalence is low too, with only 61.9% women between 15-49 years old using any form of it4 and then, despite international pressures to the contrary, only with their husbands permission3. In combination with high levels of maternal deaths, especially in rural areas, and a lack of access to abortions again, dependant on the husbands permission amongst other factors3 - it is clear that sexual health education is severely lacking.

3.2 The continued practice of female genital mutilation

Of particular concern to Amnesty International at this point in time is the practice of female genital mutilation (FGM)3. The Indonesian practice - sunat perempuan or female circumcision - is generally less extreme than that used in many other countries, but it is still largely carried out by midwives, rather than trained doctors, in makeshift facilities such as schools, and using materials such as scissors and pins6,7 . FGM continues under the belief that it makes women chaste, and thereby beautiful. Despite Indonesian medical authorities now recognising the risks - which include scarring, infection and even death these beliefs about the practice make it so popular that a 2006 government ban was overturned6.

3.3 Conclusions

Indonesias next presidential election is approaching. Thus far, the candidates campaigns have placed little emphasis on human rights8, but with external pressure it may be possible to force the issue onto the agenda and encourage Indonesias next leader to continue to improve Indonesias human rights.

4UNICEF 2013, At a glance: Indonesia. Last accessed 16 May 2014 http://www.unicef. org/infobycountry/indonesia_statistics.html 5Demographic and Health Surveys 2007, Gender Country Profile - Indonesia 2007 DHS, The DHS Program. Last accessed 16 May 2014 http://dhsprogram.com/topics/ gender-Corner/indonesia-dhs-key-indicators.cfm 6Mohsin, S 2014, Celebrating Genital Mutilation in Indonesia, CNN. Last ac- cessed 16 May 2014 http://edition.cnn.com/video/?/video/world/2014/02/06/ pkg-mohsin-indonesia-fgm.cnn 7Haworth, A 2012, The day I saw 248 girls suffering genital mutilation, The Guardian. Last accessed 16 May 2014 http://www.theguardian.com/society/2012/nov/ 18/female-genital-mutilation-circumcision-indonesia 8Amnesty International 2014, Indonesias next leader must prioritise human rights, Amnesty International. Last accessed 16 May 2014 http://www.amnesty.org/en/news/ indonesia-s-next-leader-must-prioritize-human-rights-2014-04-29 4. Domestic violence, rape and the criminal code in India by Fiona McRobie

The exemption for marital rape stems from a long out-dated notion of marriage which regarded wives as no more than the property of their husbands. - Justice Verma, Report of the Committee on Amendments to Criminal Law, 23rd January 20131

Thus the prosecutrix and accused being legally wedded husband and wife, the prosecutrix being major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the accused. - Judge Virendah Bhat, Dwarkah Courts, New Delhi, 7th May 20142

4.1 Domestic violence as a violation of human rights

The 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)3 agreed that governments share a responsibility in removing any discrimination which might curtail access for women to human rights and fundamental freedoms. Although violence against women was not specifically dealt with in CEDAW, the UN Declaration on the Elimination of Violence against Women defines violence directed specifically at women to be a form of discrimination. Here, violence was explicitly defined to include “physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, mar- ital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation”4. Therefore,

1Justice J.S. Verma, Justice Leila Seth, Gopal Subramanium Report of the Committee on Amendments to Criminal Law. Committee on Amendments to Criminal Law. 23rd January 2013. Available via PRS Legislative Research: http://www.prsindia.org/uploads/media/ Justice%20verma%20committee/js%20verma%20committe%20report.pdf 2State v Vikash [2014] SC No.1/14. (Delhi District Courts, 7th May 2014) Available from http://www.judis.nic.in/judis_cat/detail_dc.aspx [Accessed 18th May 2014] 3United Nations, Convention on the Elimination of All Forms of Discrimination against Women, New York, 18th December 1979. Available from http://www.ohchr.org/EN/ ProfessionalInterest/Pages/CEDAW.aspx [Accessed 19th May 2014] 4United Nations General Assembly, Resolution Adopted by the General Assembly: Dec- laration on the Elimination of Violence against Women, 23rd February 1994. Available from http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/48/104 [Accessed 19th May 2014]

9 CHAPTER 4. DOMESTIC VIOLENCE, RAPE AND THE CRIMINAL 10 CODE IN INDIA

violence against women in the home is a human rights issue, and moreover, the failure of a government to provide protection for women from violence within their criminal code stands in contravention of the measures agreed upon in CEDAW. India is a state party to CEDAW5, and yet the Indian Penal Code retains an exemption for rape under the circumstance of the two parties being legally married.

4.2 Domestic violence and marital rape in India

Demographic and Health Survey (DHS) data for India from 2005-2006 shows that around 50% of both men and women surveyed believed that a wife de- served to beaten if she were to neglect their children, go out without informing her husband, argue with him, burn his food or refuse sex6. This frames the high prevalence of physical and sexual violence within intimate relationships observed: 37% of women in the 2005-06 DHS dataset5 stated they had experi- enced physical or sexual violence from their spouse or partner, and 24% stated they had experienced it within the previous 12 months.

5United Nations, Ratification of the Convention on the Elimination of All Forms of Discrimination against Women, January 2013. Available from: http://www.ohchr.org/ Documents/Issues/HRIndicators/Ratification/Status_CEDAW.pdf [Accessed 19th May 2014] 6Gender Country Profile - India 2005-06 DHS. The DHS Program, USAID. Available from http://dhsprogram.com/topics/gender-Corner/india-DHS-key-indicators.cfm [Ac- cessed 18th May 2014] 4.3. AUSTRALIA’S RESPONSE 11

The provisions made by the criminal code for prosecution regarding domes- tic violence and marital rape are highly topical. In a recent ruling regarding a claim of forced marriage involving accusations of marital rape, Judge Virendah Bhat declared that forcible sexual intercourse between a husband and wife is ’not rape’, and as such, no-one can be held culpable for such an act1. This stands in stark contrast to the proposed amendments to the Indian Penal Code put forward in the Justice Vermal Committee Report of January 2013. This committee, headed by former Chief Justice of the Supreme Court, Justice J.S. Verma, was requested to make recommendations on laws regarding rape, sex- ual harassment, trafficking, child sexual abuse, and the medical examination of victims following the gang rape and murder of a young woman in Delhi7. They concluded that ’a rapist remains a rapist regardless of his relationship with the victim’ 2. They argued specifically that marital rape should not only be punished under the Indian Penal Code, but that care should be taken to ensure that marriage is not seen as a mitigating circumstance justifying a lower sentence for rape. While some of the recommendations from this report were incorporated into the Indian Penal Code, the exemption for marital rape re- mains.

4.3 Australia’s response

The UN Handbook for Legislation on Violence Against Women recommends that all states “Specifically criminalize sexual assault within a relationship (i.e., “marital rape”)”8. Australia sits as one of only 52 states which explictly criminalises rape within marriage or intimate relationships, with one recent and well-publicised instance of the High Court stating that any marital rape exemption within Australian law had disappeared by 19359. With the election of Prime Minister Narenda Modi promising trade opportunities between India and Australia, and a planned trip by Prime Minister Tony Abbott scheduled in the coming months10, Australia should take advantage of our relationship with India to press for criminalisation of rape, with no exclusions based on marriage.

7Nita Bhalla Ten key proposals made by Verma panel after Delhi gang rape. Reuters. 29th January 2013. Available from: http://in.reuters.com/article/2013/01/29/ delhi-gang-rape-justice-verma-committee-idINDEE90S03W20130129 [Accessed 18th May 2014] 8United Nations, Handbook for Legislation on Violence Against Women, United Nations, New York, 2010, p.26. Available from http://www.un.org/womenwatch/daw/vaw/handbook/ Handbook%20for%20legislation%20on%20violence%20against%20women.pdf [Accessed 19th May 2014] 9Dan Harrison, High Court rejects marital rape appeal, Sydney Morning Herald, May 30th 2012. Available from http://www.smh.com.au/federal-politics/political-news/ high-court-rejects-marital-rape-appeal-20120530-1zico.html [Accessed 18th May 2014] 10Greg Sheridan, Tony Abbott to reach out to India, The Australian, 19th May 2014. Available from http://www.theaustralian.com.au/national-affairs/ policy/tony-abbott-to-reach-out-to-india/story-fn59nm2j-1226922107562# [Accessed 19th May 2014]

5. Female Child Labour by Theadosia Kurniawan

The children have a limited working life. As they mature and their health deteriorates, often due to the long hours spent working in poor conditions, they are replaced by their younger siblings. Without education and opportunities, their future prospects are limited -BBC World Service1

5.1 Child Labour in the Asia Pacific Region

The BBC World Service and the International Labour Office (ILO) both estimate that around 250 million children aged between 5 to 17 are engaged in child labour1. Roughly 69% are employed in the agricultural sector, 9% in industrial and the remaining in services. Moreover, out of that sum, 122.3 million aged between 5 to 14 are economically active in Asia and the Pacific Region, making it the region with the highest number of working children worldwide2.

Since its formation in 1919, the ILO has enforced that combatting child labour is an essential element of social justice. The International Programme for the Elimination of Child Labour (IPEC) was launched, substantially fi- nanced by the German Government, in 1992 to attain maximum resources in the hopes to abolish the most intolerable forms of child labour3. Such forms included:

• children working under forced labour conditions such as bondage and prostitution;

• children in hazardous working conditions and occupations;

• vulnerable working children, i.e. the very young (under 12 years of age), as well as girls3.

1BBC World Service 2014, Children of Conflict: Child Workers, BBC, London. Last Accessed 18th May 2014 http://www.bbc.co.uk/worldservice/people/features/ childrensrights/childrenofconflict/work.shtml 2ILO, Child Labour in Asia and the Pacific, ILO, Geneva, Last accessed 18th May 2014 http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/ documents/publication/wcms_099511.pdf 3International Labour Organization:SEAPAT 1998, ILO-IPEC and the Girl Child Do- mestic Worker, ILO, Phillipines. Last Accessed 18th May 2014 http://www.ilo.org/ public/english/region/asro/mdtmanila/training/unit2/ipecgcdw.htm

13 14 CHAPTER 5. FEMALE CHILD LABOUR

5.2 Demand of Girls as Workers

Female child labour is identified as a priority target group within the IPEC initiative. ILO reason that girls are predominantly in high demand when it comes to employment as their work is invisible. This means they are given jobs that are less exposed in the public, and there tends to be quite a diverse range of such jobs thus a higher number of girls are required compared to boys. Also, girls are more attractive workers due to their docile, obedient and bonding personality. For example, they would tend to give into work in order to repay a loan or debt of their parents. Another contributing factor is the cultural gender bias of girls. In many developing countries, parents systematically favour and take concern of the education and upbringing of boys over girls. This is evidenced by the lower school enrollment rates and higher dropout rates for girls compared to boys in certain part of the world. The general stereotype for girls in such countries is that they should stay and work at home, hence why girls are mainly employed for domestic services, particularly in Africa and the Asia Pacific region3.

[Child domestic work] is often hidden and hard to tackle because of its links to social and cultural patterns. In many countries child domestic work is not only accepted socially and culturally, but is also regarded in a positive light as a protected and non-stigmatised type of work and preferred to others forms of employment especially for girls. The perpetuation of traditional female roles and responsibili- ties, within and outside the household, as well as the perception of domestic service as part of a womans apprenticeship for adulthood and marriage, also contribute to the persistence of child domestic work as a form of child labour. -International Labour Organisation4

5.3 Case Study: Cambodia 2010, Pharady

World Vision Canada tell the story of Pharady:

11 year old Pharady pulls a tank cart through town early every morning, to collect water and distribute it among her neighbours. When full, the tank weighs roughly 450 pounds (204 kilograms). Afterwards she would work at a brick factory, instead of attending school. The tedious and rigorous task is often carried out in temperatures above 35C. Workers pay is dependent upon how much bricks they load. Pharadys mother is getting old and physically too weak to do the job alone, so she needs Pharady and her sister to help.

4ILO 2014, Domestic Work, ILO, Geneva, Last accessed 18th May 2014 http://www. ilo.org/ipec/areas/Childdomesticlabour/lang--en/index.htm 5.4. CONCLUSION 15

I wish I could go to school but I need to make money to buy food for my family. - Pharady

Pharadys father became ill and passed away five years ago, leaving Pharadys mother with a mountain of debt, and four daughters to raise. She sought for a job at the brick factory three years ago and was forced to get Pharady working as well.

I dont know what to do, I just want my daughter to go to school and be educated so that she doesnt have to work like me. - Pharadys Mother.

Pharady hopes to become a teacher, but affording school seems impossible. She works from 6am to 6pm everyday and yet the pay is not enough to feed her family. Her mother also still owes many people money5.

Hiring children is widespread in Cambodia, with 43.5% of children aged between 7-14 being economically engaged, and almost half of that percentage being female6. The Cambodia Labour Law has decreed a minimum working age of 15, in addition of the allowance of children between 12-14 to perform light work that is non-hazardous to their health and safety and does not interfere with schooling. As of 2006, 750 000 children below the legal age of 12 are engaged with paid work. Furthermore, an additional 500 000 12-14 year olds are involved in non-light jobs and over 250 000 aged between 15-17 are in the ‘seven (of 16) nationally-identified hazardous sectors for which data are available or are working in 43 or more hours per week. Putting these groups together yields an estimate of almost 1.5 million 7-17 year-olds in child labour’ 7.

5.4 Conclusion

The issue of underage labour is constantly being stressed upon humanitar- ian organisations. Constant cooperation is fundamental to generate effective change, eliminate such practice and protect the young generation from scarring their childhood. Hence, it is vital that this issue has greater visibility in society, to send out the message that these children must be salvaged before even more are affected.

5World Vision Canada 2010, A Life of Labour: Pharady’s Story, World Vision, Canada. Last accessed 18th May 2014 https://www.youtube.com/watch?v=uBrnWBB0Wo0 6UCW 2006, Childrens Work in Cambodia: A challenge for Growth and Poverty Reduc- tion, UCW, Rome, Last accessed 18th May 2014 http://www.unicef.org/eapro/Children_ work_in_Cambodia.pdf

6. Women and the Ready Made Garment Industry by Elsbeth Wood

It is often argued that the cost of social equity is less economic growth, highlighting the supposed trade-off between these two goals. The global financial and economic crisis that erupted in 2008 which was preceded by rising social inequalities has shown that this is simply not the case - International Labour Organisation (ILO)1

6.1 The Ready Made Garment industry and gender equality- A case study of Bangladesh

Garment workers rights and gender equality for women are intricately linked throughout South East Asia, with a vast number of women and girls employed by these this industry. The classic example of the struggle of the garment workers against hardship is Bangladesh.

The Ready Made Garment (RMG) industry accounts for 80 per cent of total exports in Bangladesh. The vast majority of its workers are women from rural areas. There are currently around 4 million workers in the garment industry, mostly situated around 2 centres: Dhaka and Chittagong. 70% (2.8 million) are women2.

While at first glance one might commend the RMG industry for actively employing women, the reasons for this high rate of employment are largely based on gender stereotyping. Absar in 2001 reported that women were over- represented in the low end jobs, such as sewers, helpers and folders. Men dominate management and administration positions. When asked why they preferred to employ women over men, owners and managers of factories replied that women are easier to manage and less likely to be engaging in union ac- tivities and production disruptions 3. This is reflected in the wage breakdown

1International Labour Organization. Bangladesh: Seeking better employment conditions for better socioeconomic outcomes. Geneva, Switzerland IILS/ILO, 2013. 2Ahmed FZ, Greenleaf A, Sacks A. “The Paradox of Export Growth in Areas of Weak Governance: The Case of the Ready Made Garment Sector in Bangladesh”. World Devel- opment. 2014;56(0):258-71. 3Absar SS. ‘Problems surrounding wages: the readymade garments sector in Bangladesh’. Labour and Management in Development. 2001;2(7):2-17.

17 CHAPTER 6. WOMEN AND THE READY MADE GARMENT 18 INDUSTRY of RMG workers by gender, where men are better remunerated across many job profiles. While this data is dated, recent reviews suggest the wage gap continues to the current day4.

Figure 6.1: Problems surrounding wages: the readymade garments sector in Bangladesh. Source: Absar, 20013.

That is not to say that advances havent been made, both on macro and micro scales. The April 2013 collapse on Rana Plaza building, killing 1,133 and injuring over 2,500 brought the appalling conditions in which the RMG industry workers are situated in was brought to the worlds attention 5. In response to this a tripartite partnership involving the Government of Bangladesh, workers and employees signed a Joint Statement to establish better working conditions for RMG employees 6.

This was followed up by the ILO who launched a US$24 million programme aimed at making the Bangladesh Garment Industry safer in October 2013. Additionally, 26 North American retailers and brands have signed on to a five year programme (the Alliance for Bangladesh Worker Safety) committed to ensure the implementation of health and safety measures for their employees in Bangladesh. This covers around 1.28 million workers out of an estimated 4 million workers. This offers a window of opportunity for the international com- munity, Australia included, to maintain pressure on the Alliance for Bangladesh Worker Safety to ensure its commitments are held to.

4Ahamed F. ‘Job disatisfaction in the Bangaldesh ready-made garment sector - to what extend HR/IR practices can grow exhilaration of RMG workers?’ International Journal of Business and Management Review. 2014;2(1):1-12. 5Bangladesh CfPDC. 100 Days of Rana Plaza Tragedy: A Report on Commitments and Delivery. Dhaka, Bangladesh: Centre for Policy Dialogue (CPD) Bangladesh, 2013. 6International Labour Organisation. Chronology of recent events in the Bangladesh Ready Made Garment (RMG) sector 2013 [17 May 2014]. Available from: http://www. ilo.org/dhaka/Informationresources/WCMS_226541/lang--en/index.htm. 7. Sex tourism by Catherine Graville

“The sexualized notion of Thai bar girls as young nymphomaniacs as commonly portrayed in tourism websites, is actually based in male fantasy. What these representations fail to address is the systemic and structural inequality that the sex industry perpetuates in coun- tries such as Thailand. ”

7.1 Defining sex tourism

The World Tourism Organization defines sex tourism as ”trips organized from within the tourism sector, or from outside this sector but using its struc- tures and networks, with the primary purpose of effecting a commercial sexual relationship by the tourist with residents at the destination” 1. Particularly in South Asia, East Asia and the Pacific, the exploitation of women and children via sex tourism is a significant human rights issue.

The sex sector in Indonesia, Malaysia, Philippines and Thailand is a multi- million dollar industry, which is estimated to account for between 2-14% of GDP 2. It follows that the revenue generated from sex tourism is crucial to the livelihoods of not just those directly employed in the industry but also the consequential bars, hotels, taxis, etc. In Thailand, it is argued that economic reliance and poverty attributes to government acquiescence toward the unjust nature of the sex industry3.

7.2 Sex trafficking and ’voluntary’ workers

While the data coverage from these regions is relatively weak, it is true that many women choose to enter the sex industry. However, the UN reports that 10,000 cases of recorded human trafficking between 2007-2010 4. The

1Adopted by the General Assembly of the World Tourism Organization at its eleventh session - Cairo (Egypt), 1722 October 1995 (Resolution A/RES/338 (XI)). Cairo (Egypt): World Tourism Organization. 1722 October 1995. 2International Labor Organisation, Sex Industry Assuming Massive Proportions in Southeast Asia (19 August 1998) International Labor Organisation http://www.ilo.org/ global/about-the-ilo/newsroom/news/WCMS_007994/lang--en/index.htm 3Jeremy Seabrook, Travels in the Skin Trade : Tourism and the Sex Industry (Pluto Press Publishing, 1996) 17. 4United Nations Office on Drugs and Crime, Global Report on Trafficking Persons 2012 (New York, 2012) http://www.unodc.org/documents/data-and-analysis/glotip/ Trafficking_in_Persons_2012_web.pdf pp.69-70.

19 20 CHAPTER 7. SEX TOURISM overwhelming majority of these victims were female (95%) and it is estimated that 44% were trafficked for sexual exploitation4.

Those that are not trafficked may feel, by virtue of their precarious financial status, that they have little choice but to enter the sex industry. For example, female sex workers in Thailand are often from poor rural areas and previously worked in factories before the economic downturn5. Many women and girls feel pressure to provide for their families and the sex industry is seen as one of few economically viable options6.

7.3 Why Asia?

It is no secret that countries such as Thailand, Indonesia and the Philippines have gained a reputation for sex tourism7. It is argued that men travel to coun- tries like Thailand in order to rediscover their masculinity by participating in sex tourism8. For most Western men, who have substantial buying power in many Southeast Asian countries9, the attraction lies in the apparent afford- ability of sex tourism when compared to their home countries10. For others the availability of child prostitutes is the main drawing card11.

7.4 What can be done?

Although efforts have been made to reduce the incidence of child sex tourism12, the exploitation of adult women appears to attract much less concern from gov- ernments worldwide. The fact that many women working in the sex industry are over 18 years of age, to many Westerners, means that they have a choice to

5Deena Guzder, The Economics of Commercial Sexual Exploita- tion (25 August 2009) http://pulitzercenter.org/blog/untold-stories/ economics-commercial-sexual-exploitation. 6Leslie Ann Jeffrey, Sex and Borders : Gender, National Identity and Prostitution Policy in Thailand (University of Hawaii Press : 2003) 31. 7See, eg, World Sex Tourism, Cheap Sex Tourism Destinations (5 August 2013) http: //worldsextourism.com/news/2013/08/05/cheap-sex-tourism-destinations/. 8A Johnson, ‘Authenticity, Tourism, and Self-Discovery in Thailand: Self-Creation and the Discerning Gaze of Trekkers and Old Hands’ (2007) 22(2) Journal of Social Issues in Southeast Asia 153, 154. 9For example, the World Bank estimates that in 2012 the average annual purchasing power of Australians was $42,540 (US) per person compared to $9,280 (US) per person for Thais: The World Bank, GNI per Capita (2014) http://data.worldbank.org/indicator/ NY.GNP.PCAP.PP.CD 10See, eg, World Sex Tourism, Cheap Sex Tourism Destinations (5 August 2013) http: //worldsextourism.com/news/2013/08/05/cheap-sex-tourism-destinations/ 11William J Newman, Ben W Holt, John S Rabun, Gary Phillips and Charles L Scott, Child Sex Tourism: Extending the Borders of Sexual Offender Legislation (2011) 34 Inter- national Journal of Law and Psychiatry 116, 116. 12See, eg, Australian Federal Police, Child Sexual Exploitation in Travel and Tourism Tourism (2014) http://www.afp.gov.au/policing/child-protection-operations/ child-sexual-exploitation-in-travel-and-tourism.aspx. 7.4. WHAT CAN BE DONE? 21 work in the sex industry and even enjoy it. As some commentators point out, the sexualized notion of Thai bar girls as young nymphomaniacs as commonly portrayed in tourism websites, is actually based in male fantasy13. What these representations fail to address is the systemic and structural inequality that the sex industry perpetuates in countries such as Thailand14. Moreover, the spread of HIV in Southeast Asia remains a concerning side effect of the sex trade15.

A regional approach is needed to find economic alternatives for women work- ing in the sex industry. However, Australia should set the tone by combating this human rights issue from home. Social change in a source of tourism de- mand can have profound effects on the structure of the industry16. Among some tourists infamous ping pong shows are characterized as a normal aspect of a holiday in Thailand17. Education campaigns in Australia promoting re- sponsible tourism in these countries could go a long way to inform and change attitudes towards women in the sex industry.

13Jeffrey Dale Hobbs, Piengpen Na Pattalung and Robert C Chandler, Advertising Phukets Nightlife on the Internet: A Case Study of Double Binds and Hegemonic Mas- culinity in Sex Tourism (2011) 26(1) Journal of Social Issues in Southeast Asia 80, 82. 14Siriporn Skrobanek of the Foundation for Women, Bangkok in Jeremy Seabrook , Travels in the Skin Trade : Tourism and the Sex Industry (Pluto Press Publishing, 1996) ix. 15See, eg, National AIDS Prevention and Alleviation Committee (2010) UNGASS country progress report: Thailand http://www.unaids.org/en/dataanalysis/knowyourresponse/ countryprogressreports/2010countries/thailand_2010_country_progress_report_en. pdf. 16David Leheny, A Political Economy of Asian Sex Tourism (1995) 22(2) Annuals of Tourism Research 367, 369. 17See, eg, Lonely Planet (Forum), Ping Pong Show in Bangkok (2010) https://www.lonelyplanet.com/thorntree/forums/asia-thailand/topics/ ping-pong-show-in-bangkok?page=1.

8. Human rights abuses against women detained in Australias offshore Pacific island detention facilities by Somayya Ismailjee

8.1 Women in Australia’s Pacific island detention centres

In 2012, the Gillard Labor government of Australia reintroduced the Pacific Solution in response to asylum seeker boat arrivals. The policy consisted of re-opening detention facilities located on the Pacific island of Nauru and Papua New Guineas Manus Island and transporting asylum seekers to the centres to be indefinitely detained while their claims were processed, with women and families being sent to Nauru. The current Abbott government has continued this policy.

As of March 2014, there were 313 women held in the Nauru detention centre, according to Immigration Department Statistics1. Additionally, according to leaked documents, of the 181 children detained in Nauru 108 of these are girls under the age of 182. Moreover, significant numbers of these women originate from countries such as Iran, Myanmar, and Sri Lanka, where sexual violence is a common factor causing women to flee.

8.2 The systematic denial of basic rights and adequate health care to women detained on Nauru and Manus Island, particularly pregnant women

Australias policy of detaining asylum seekers, particularly pregnant women, on Nauru and Manus Island has resulted in serious human rights abuses against vulnerable women. The fate of pregnant women in particular has been one of severe neglect, imposed by the Australian governments “no advantage” policy, leading to the systematic denial of adequate obstetric care.

1Department of Immigration and Border Protection, Immigration De- tention and Community Statistics Summary (31 March 2014) accessed: http://www.immi.gov.au/managing-australias-borders/detention/_pdf/ immigration-detention-statistics-march2014.pdf 2Asher Wolf, Leaked: Documents from Australias offshore detention centre in Nauru, accessed: https://medium.com/dispatches-from-the-a-se-end-of-the-world/ e78df29f1679

23 CHAPTER 8. HUMAN RIGHTS OF WOMEN IN AUSTRALIAS 24 OFFSHORE DETENTION FACILITIES Under the Gillard governments policy of sending pregnant asylum seekers to Manus Island, 50% of the pregnant women miscarried3. Though there were several significant warnings given to the government about the risks to the women, the government proceeded with the policy.

In the Nauru detention facility, women are forced to live in accommodation described by one former staff member as a “concentration camp”4. In 2012, Amnesty International researchers found the facility to be “totally inappro- priate and ill-equipped”, with Amnestys Refugee Expert Dr Graham Thom describing the conditions as “cruel, inhuman, and degrading”5.

The treatment of female asylum seekers in the facility has been particularly neglectful, with several severe cases coming to light of women being denied appropriate care, for example, pregnant women, who are forced to live in the cramped, overcrowded tent accommodation in extreme heat, with inadequate health care facilities.

In December 2012, Guardian Australia published a story featuring reports from doctors on Nauru revealing harmful standards of healthcare being pro- vided to asylum seekers, including pregnant asylum seeker women6. According to the doctors, antenatal care provided to women on Nauru was “unsafe, in- adequate, and does not comply with Australian standards”. The doctors also expressed deep concern at the difficulty of conducting ultrasounds for pregnant women, revealing that there is one ultrasound machine in the island hospital, but there are no staff present who are trained to use it.

Professor of Obstetrics and Gynaecology at James Cook University Caro- line de Costa has given a similar account of the situation for pregnant women on Nauru, describing the conditions as “appalling”7. De Costa describes how pregnant women detained on the island facility are at high risk of infection, disease, and other complications such as haemorrhages, as well as miscarriages,

3Bianca Hall, Pregnant Women Sent to Manus Despite the Risks, Sydney Morning Herald (30 July 2013) accessed: http://www.smh.com.au/federal-politics/federal-election-2013/ pregnant-women-sent-to-manus-despite-the-risks-20130729-2qv40.html 4News.com.au Nurse Marianne Evers likens Nauru detention centre to concen- tration camp 5 Feb 2013, accessed:https://web.archive.org/web/20131102044007/ http://www.news.com.au/national/nurse-likens-nauru-to-concentration-camp/ story-fncynjr2-1226571195124 5Amnesty International Media Release and Nauru Brief, Nauru Camp a Human Rights Catastrophe With No End In Sight (23 Nov 2012). Accessed: http://www.amnesty.org.au/ images/uploads/news/NauruOffshoreProcessingFacilityReview2012.pdf 6David Marr, Doctors reveal harmful standards of medical care for asylum seekers, Guardian Australia (20 Dec 2013). Accessed: http://www.theguardian.com/world/2013/ dec/19/revealed-doctors-outrage-over-unsafe-refugee-patients 7Caroline de Costa, The Grim Prospects for Pregnant Asylum Seekers on Nauru, Crikey (29 Apr 2014). Accessed: http://www.crikey.com.au/2014/04/29/ the-grim-prospects-for-pregnant-asylum-seekers-on-nauru/ 8.3. RECOMMENDATIONS 25 due to the risks associated with the tropical climate and the dengue-fever en- demic on the island. Furthermore, there are no staff on Nauru with obstetric qualifications, adding extreme risks to pregnant women. In October 2013, the Sydney Morning Herald reported that for the first time since 2004, pregnant women would be forced to give birth on Nauru instead of being transported to the Australian mainland for labour, despite the inadequate facilities and the recent burning-down of a section of the islands only hospital8.

More reports of the systematically abysmal care provided to female asylum seekers on Nauru have been exposed by the media in recent months, with the Australian Broadcasting Corporation reporting a Rohingya couple deciding to get an abortion due to the conditions on the camp, citing the extreme heat, long waits for food and water, and the poor state of facilities such as toilets9.

8.3 Recommendations

In accordance with international legal human rights obligations, the Australian government must immediately close the detention camps on Manus Island and Nauru, cease the mandatory indefinite detention of asylum seekers, and move all asylum seekers, starting with pregnant women, into community processing where their obstetric health care needs can be addressed. The current policy poses significant and obvious risks and contravenes acceptable standards of care. The needs of pregnant women must be made a priority and all risks must be alleviated.

8Heath Aston, Pregnant Asylum Seekers to Give Birth on Nauru, Sydney Morning Her- ald (4 Oct 2013). Accessed: http://www.smh.com.au/federal-politics/political-news/ pregnant-asylum-seekers-to-give-birth-on-nauru-20131004-2uyv0.html 9Matt Wordsworth, Asylum seekers Salima and Mamun Motiur say they opted for abortion in face of conditions in Nauru detention centre, ABC News, (24 Feb 2014). Accessed: http://www.abc.net.au/news/2014-02-24/ asylum-seekers-opt-for-abortion-in-face-of-nauru-conditions/5280826