APF Submission to the Human Rights Sub-Committee, Joint Standing Committee on Foreign Affairs, Defence and Trade Inquiry on the Human Rights Issues Confronting Women and Girls in the Indian Ocean - Asia Pacific Region May, 2014 0 Contents 1 The Asia Pacific Forum of National Human Rights Institutions ................................ 2 2 The Australian Policy Context – Support to the APF ................................................ 3 3 NHRIs: Promoting and Protecting the Human Rights of Women and Girls ............... 3 4 APF: Working to Promote and Protect the Human Rights of Women and Girls ........ 4 4.1 International ...................................................................................................... 4 4.2 Regional ............................................................................................................ 5 4.3 National Case Studies ......................................................................................... 7 (a) Afghanistan NHRI: Confronting Violence against Women ..................................... 7 (b) Indian NHRI: Recommendations for law reform .................................................... 8 5 APF Future Strategic Directions: Human Rights of Women and Girls and Gender Equity .................................................................................................................... 9 6 APF Contacts ......................................................................................................... 9 1 The Asia Pacific Forum of National Human Rights Institutions (‘APF’) wishes to make a submission to the Human Rights Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade in relation to its inquiry on the ‘The Human Rights Issues Confronting Women and Girls in the Indian Ocean-Asia Pacific region’. Our submission will focus on the term of reference in relation to ‘the effectiveness of Australian programs to support efforts to improve the human rights of women and girls in the Indian Ocean-Asia Pacific region’. 1 The Asia Pacific Forum of National Human Rights Institutions Established in 1996, the APF is a regional, not-for-profit, membership organisation comprised of twenty-one (21) member national human rights institutions (‘NHRIs’). The current members are the NHRIs of Afghanistan, Australia, Bangladesh, India, Indonesia, Jordan, Malaysia, Maldives, Mongolia, Myanmar, Nepal, New Zealand, Oman, Palestine, Philippines, Qatar, Korea, Samoa, Sri Lanka, Thailand and Timor-Leste1. The APF has provided advice to Bahrain, Cambodia, China, Iraq, Japan, Laos, Lebanon, Nauru, Pakistan, Palau, Papua New Guinea, Solomon Islands, Taiwan and Vietnam on the establishment of a NHRI in compliance with international standards. Unlike all other parts of the globe, the Asia Pacific does not have a region-wide system to monitor, promote and protect human rights. This is why the work of NHRIs is so critical. However, NHRIs in the region are often under-resourced. Some also lack the skills or capacity to work as effectively as possible. The work of the APF makes a genuine impact by: assisting governments and civil society to establish independent NHRIs that meet international standards; and strengthening the capacity of its individual member NHRIs to promote and protect human rights at the country level. To support its activities the APF has developed and maintained a diversified base of donors. These donors include governments, United Nations agencies, foundations, private donors and non-government organisations. The APF member institutions also contribute with annual membership fees. The APF undertakes a rigorous approach to evaluating its progress in achieving its strategic objectives each year. The APF’s annual reports on its performance and audited finances are publicly available2. 1 http://www.asiapacificforum.net/members/full-members 2 http://www.asiapacificforum.net/about/annual-meetings and http://www.asiapacificforum.net/about/governance 2 2 The Australian Policy Context – Support to the APF The Australian Government played a decisive role in the establishment of the APF and has supported it with the provision of regular financial support through its former aid agency, AusAID, as well as politically, through Government statements in a variety of international fora. The Australian Government currently provides AUD 650,000 per annum which is approximately 30% of the APF’s total budget. Since its establishment in 1996, initially with the support of the former Australian Foreign Affairs Minister, the Hon. Alexander Downer M.P, the APF has continued to enjoy strong bi- partisan support. This reflects Australia’s interest in, and commitment to, the promotion and protection of human rights and good governance in the region. The provision of assistance to strengthen the institutional human rights capacity of States demonstrates Australia’s commitment to providing practical and effective support for good governance and human rights that are essential building-blocks for a prosperous region, both economically and socially. Such assistance is well regarded by countries in the region and in the wider international arena and is supported by the Australian public and non- governmental community. Support for the APF is also consistent with Australia’s aid policy objectives. 3 NHRIs: Promoting and Protecting the Human Rights of Women and Girls Established by national law and/or via a national constitution, NHRIs are a vital part of strong national human rights protection systems. They also play a key role in linking the international and domestic human rights systems. Their mandate means that they can engage with all relevant actors at the national level, as well as interact with regional and international bodies and mechanisms, to advocate for laws, policies and practices that protect the human rights of vulnerable groups, including women and girls. The relationships that many NHRIs establish with the communities they serve also provide them with opportunities to help change the attitudes and behaviours that contribute to the many harms committed against women and girls. In our region, there is a clear need for NHRIs to play close attention to the human rights of women and girls. In every country, women are at particular risk of gender-based violence; from the State, from the community and from intimate partners and family members. For example, rape in marriage is often not criminalized and domestic violence is still too rarely prosecuted and punished. In these areas, and in many others, women are denied equal access to justice and to remedies for crimes and violations committed against them. Women experience direct discrimination in many areas of public and private life. They may be prevented from entering certain occupations or positions and may receive unequal pay for work that is of equal value to that done by men. They may lose their jobs when they have children and may experience sexual harassment in the workplace. Equal access to health and education is often denied to women, with serious consequences for their well-being and economic empowerment. Property and inheritance laws sometimes discriminate against women, entrenching poverty and dependence. 3 Framing the issue of lack of access to employment for women within an economic and productivity prism, the Asia Development Bank estimates that gender inequality and discrimination against women in this area of public life costs Asia USD 47 billion annually3. In the Indian Ocean - Asia Pacific region, as in most parts of the world, there is a marked absence of women in public life and in positions of power and influence.4 That situation is a reflection of entrenched gender discrimination and also contributes to perpetuating stereotypes, inequality and discrimination. Girls suffer many of the same human rights violations as women. Similarly, laws, policies and practices that discriminate against women will inevitably include and affect girls. However, girls are subject to special vulnerabilities that reflect their gender, as well as vulnerabilities associated with childhood. Child marriage, child labour, sexual exploitation, discrimination in education and harmful traditional practices are examples of human rights violations that are particularly relevant to the lives of girls. 4 APF: Working to Promote and Protect the Human Rights of Women and Girls The APF is a leader in the global movement of NHRIs on the issue of promoting and protecting the human rights of women and girls. The APF works to ensure a regional and collaborative focus on the rights of women and girls among all of its member institutions. The work it undertakes in cooperation with its members at the international and regional levels seeks to strengthen and bolster the work done by NHRIs on women’s and girls’ human rights and gender equality at the national level. 4.1 International At the international level, the APF and its member institutions played a leadership role at the UN Commission on the Status of Women (‘CSW’). For example, between 2009 and 2013, APF-led advocacy contributed to NHRIs being recognized for the first time in CSW resolutions and heralded greater engagement by NHRIs in that forum.5 The APF also played a central role in shaping the 2013 Human Rights Council resolution on NHRIs.6 The resolution recognizes the important contribution of NHRIs to the elimination of discrimination and violence against women and girls, as stipulated in the Agreed Conclusions of the 57th Session of CSW, held in March 2013.7