ASEAN COMMISSIONON THE PROMOTION

AND PROTECTIONOF THE RIGHTS OF

WOMEN AND CHILDREN

TERMS OF REFERENCE

Association of Southeast Asian Nations

ASEAN COMMISSIONON THE PROMOTION

AND PROTECTIONOF THE RIGHTS OF

WOMEN AND CHILDREN

TERMS OF REFERENCE

The Association of Southeast Asian Nations (ASEAN) was established on8 August 1967. The Member States of the Association are Brunei Darussalam,Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore,Thailand and Viet Nam. The ASEAN Secretariat is based in Jakarta, Indonesia.

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General information on ASEAN appears online atthe ASEAN Website: www.asean.org

Catalogue-in-Publication Data

Terms of Reference ASEAN Commission on the Protection and Promotionof the Rights of Women and ChildrenJakarta: ASEAN Secretariat, February 2010

ii, 17p, 10.5 x 15 cm

1. Commission - Protection – Promotion2. Women – Children – ASEAN

323.3959

ISBN 978-602-8411-32-5

The text of this publication may be freely quoted or reprinted with properacknowledgement.

Copyright © ASEAN Secretariat 2010All rights reserved

ii • TOR - ACWC

Terms of Reference (TOR)of the ASEAN Commissionon the Promotion and Protectionof the Rights of Women and Children (ACWC)

1. Background

1.1. All ASEAN Member States have ratified andare parties to the Convention on theElimination of All Forms of DiscriminationAgainst Women (CEDAW) and theConvention on the Rights of the Child (CRC).

1.2. At the 10th ASEAN Summit in November2004, the ASEAN Leaders adopted theVientiane Action Programme 2004-2010(VAP) which among others called for theestablishment of an ASEAN commission onthe promotion and protection of the rights ofwomen and children (Measure 1.1.4.7 of theVAP).

1.3. The ASEAN Charter which entered into forceon 15 December 2008 called under Article14 for ASEAN to establish an ASEAN humanrights body in conformity with the purposesand principles relating to the promotion andprotection of human rights and fundamentalfreedoms.

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1.4. At the 14th ASEAN Summit on 28 February - 1March 2009, the ASEAN Leaders adopted theCha-am Hua Hin Declaration on theRoadmap for the ASEAN Community (2009-2015) which includes the ASEAN PoliticalSecurity Community (APSC) Blueprint andthe ASEAN Socio-Cultural Community(ASCC) Blueprint that reiterate theestablishment of an ASEAN commission onthe promotion and protection of the rights ofwomen and children as an importantmeasure to ensure equitable developmentfor women and children.

2. Purposes

2.1. To promote and protect the human rights andfundamental freedoms of women andchildren in ASEAN, taking into considerationthe different historical, political, socio-cultural, religious and economic context inthe region and the balances between rightsand responsibilities.

2.2. To uphold, promote, protect, respect and fulfillthe rights of women and children in ASEANto live in peace, equality, justice, dignity andprosperity.

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2.3. To promote the well-being, development,empowerment and participation of womenand children in the ASEAN Communitybuilding process which contribute to therealization of the purposes of ASEAN as setout in the ASEAN Charter.

2.4. To enhance regional and internationalcooperation with a view to complementingnational and international efforts on thepromotion and protection of the rights ofwomen and children.

2.5. To uphold human rights as prescribed by theUniversal Declaration of Human Rights, theVienna Declaration and Programme ofAction, CEDAW, CRC, Beijing Platform forAction (BPFA), World Fit for Children,International Humanitarian Law and otherinternational human rights instruments andregional declarations related to women’sand children’s rights to which ASEANMember States are parties.

2.6. To promote stability and harmony in theregion, friendship and cooperation amongASEAN Member States.

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3. Principles

3.1. To respect for the principles of ASEAN asembodied in Article 2 of the ASEAN Charter.

3.2. To respect for human rights principles,including universality, indivisibility,interdependence and interrelatedness of allfundamental freedoms and the rights ofwomen and children, the guiding principlesof CEDAW and CRC.

3.3. To respect for the principles of impartiality,objectivity, non-selectivity, non-discriminationand avoidance of double standards andpoliticization.

3.4. To complement, rather than duplicate, thefunction of CEDAW and CRC Committees.

3.5. To recognise that the primary responsibilityto promote and protect the fundamentalfreedoms and rights of women and childrenrests with each Member State.

3.6. To pursue a constructive non-confrontationaland cooperative approach to enhance thepromotion and protection of rights of womenand children.

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3.7. To ensure a balance between the functionsof promotion and protection of the rights ofwomen and children.

3.8. To adopt an evolutionary approach that wouldcontribute to the realisation of the rights ofwomen and children in ASEAN.

3.9. To adopt a collaborative and consultativeapproach with ASEAN Member States,academia and civil society pertaining to therights of women and children.

4. Status of the ACWC

The ACWC is an intergovernmental body and anintegral part of the ASEAN organisational structure.It is a consultative body.

5. Mandate and Functions

5.1. To promote the implementation ofinternational instruments, ASEANinstruments and other instruments relatedto the rights of women and children.

5.2. To develop policies, programs and innovativestrategies to promote and protect the rightsof women and children to complement thebuilding of the ASEAN Community.

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5.3. To promote public awareness and educationof the rights of women and children in ASEAN.

5.4. To advocate on behalf of women and children,especially the most vulnerable andmarginalised, and encourage ASEANMember States to improve their situation.

5.5. To build capacities of relevant stakeholdersat all levels, e.g. administrative, legislative,judicial, civil society, community leaders,women and children machineries, throughthe provision of technical assistance, trainingand workshops, towards the realisation ofthe rights of women and children.

5.6. To assist, upon request by ASEAN MemberStates, in preparing for CEDAW and CRCPeriodic Reports, the Human RightsCouncil’s Universal Periodic Review (UPR)and reports for other Treaty Bodies, withspecific reference to the rights of women andchildren in ASEAN.

5.7. To assist, upon request by ASEAN MemberStates, in implementing the ConcludingObservations of CEDAW and CRC and otherTreaty Bodies related to the rights of womenand children.

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5.8. To encourage ASEAN Member States on thecollection and analysis of disaggregated databy sex, age, etc., related to the promotion andprotection of the rights of women and children.

5.9. To promote studies and research related tothe situation and well-being of women andchildren with the view to fostering effectiveimplementation of the rights of women andchildren in the region.

5.10.To encourage ASEAN Member States toundertake periodic reviews of nationallegislations, regulations, policies, andpractices related to the rights of women andchildren.

5.11. To facilitate sharing of experiences and goodpractices, including thematic issues,between and among ASEAN Member Statesrelated to the situation and well-being ofwomen and children and to enhance theeffective implementation of CEDAW and CRCthrough, among others, exchange of visits,seminars and conferences.

5.12.To propose and promote appropriatemeasures, mechanisms and strategies forthe prevention and elimination of all forms ofviolation of the rights of women and children,including the protection of victims.

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5.13.To encourage ASEAN Member States toconsider acceding to, and ratifying,international human rights instrumentsrelated to women and children.

5.14.To support the participation of ASEAN womenand children in dialogue and consultationprocesses in ASEAN related to the promotionand protection of their rights.

5.15.To provide advisory services on matterspertaining to the promotion and protection ofthe rights of women and children to ASEANsectoral bodies upon request.

5.16.To perform any other tasks related to the rightsof women and children as may be delegatedby the ASEAN Leaders and Foreign Ministers.

6. Composition

Membership

6.1. The ACWC shall consist of the MemberStates of ASEAN.

6.2. Each ASEAN Member State shall appoint tworepresentatives, one representative onwomen’s rights and one representative onchildren’s rights to the ACWC.

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Qualifications

6.3. When appointing their representatives to theACWC, ASEAN Member States shall give dueconsideration to competence in the field ofthe rights of women and children, integrityand gender equality.

Selection Process

6.4. When appointing their representatives to theACWC, ASEAN Member States shall conduct,in accordance with the respective internalprocesses, a transparent, open, participatoryand inclusive selection process of theirrepresentatives to the ACWC.

Terms of Office

6.5. Each representative serves a term of threeyears and may be consecutively re-appointedfor only one additional term.

6.6. To provide continuity for the work of the ACWC,the term of office of representatives shall bestaggered. Each ASEAN Member State shallappoint one of its two representatives to servean initial term of four and a half years.

6.7. In the event of vacancy caused by recall,resignation, incapacity or demise of a

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representative, the appointing governmentwill provide a replacement who shall servefor the remaining term of that departedrepresentative. This representative musthave the same area of competence(women’s or children’s rights) as thereplaced representative.

6.8. Notwithstanding paragraph 6.5, theappointing Government may decide, at itsdiscretion, to replace its representatives.Whenever appropriate, the Government shallinform the ACWC of the reason of thereplacement.

Responsibility of Members

6.9. In the discharge of his/her duties, eachrepresentative shall act impartially inaccordance with the ASEAN Charter and thisTOR, and shall display the highest moralcharacter.

6.10.Attendance at the ACWC meetings by therepresentatives is mandatory.

Chair and Vice-Chair of the ACWC

6.11. The first Chair and Vice-Chair of the ACWCshall be elected by the appointedrepresentatives. The subsequent Chair and

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Vice-Chair shall be rotated among ASEANMember States on an alphabetical basis. Therotation of Chairmanship and Vice-Chairmanship shall follow an opposite cycle.Should a Member State next in line be notready to assume the Chairmanship or Vice-Chairmanship, it may forgo its turn. The Chairand the Vice-Chair shall not berepresentatives from the same Member Stateand with the same area of competence(women’s or children’s rights).

6.12.The Chair and the Vice-Chair shall serve aterm of 3 years.

6.13.The Chair of the ACWC shall exercise his/her role in accordance with the TOR, whichshall include:

a) Preparing the agenda for and chairingthe ACWC meetings;

b) Leading in the preparation of reports toother ASEAN bodies specified inparagraph 7.5;

c) Coordinating with the ACWC’srepresentatives during the timesbetween meetings of the ACWC, andpromoting the engagement of theACWC with the relevant ASEAN bodies;

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d) Representing the ACWC at regional andinternational events pertaining to thepromotion and protection of the rightsof women and children as entrusted bythe ACWC; and

e) Undertaking other specific functionsentrusted by the ACWC in accordancewith this TOR.

6.14.The Vice-Chair will be responsible for theduties of the Chair in his/her absence, and/or as delegated by the Chair.

Immunities and Privileges

6.15. In accordance with Article 19 of the ASEANCharter, representatives participating inofficial activities of the ACWC shall enjoy suchimmunities and privileges as are necessaryfor the exercise of their functions.

7. Modalities

Decision Making

7.1. Decision making in the ACWC shall bebased on consultation and consensus inaccordance with the ASEAN Charter.

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Meetings

7.2. The ACWC shall convene two regularmeetings per year and each meeting shallnormally be not longer than 5 days.

7.3. Regular meetings of the ACWC shall be heldalternately at the ASEAN Secretariat and/orASEAN Member States.

7.4. As and when appropriate, the ACWC may holdspecial meetings at a venue to be agreedupon by the representatives.

Line of Reporting

7.5. The ACWC shall submit an annual reportincluding accomplishments, challenges andrecommendations on the promotion andprotection of the rights of women and childrenand other appropriate reports, e.g. progressreport, to the ASEAN Ministers Meeting onSocial Welfare and Development (AMMSWD)with copy to the ASEAN Committee onWomen (ACW) and other relevant ASEANsectoral bodies.

Public Information

7.6. The ACWC shall keep the public regularlyinformed of its work and activities through

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appropriate public information materialsproduced by the ACWC.

Coordination and Alignment

7.7. The ACWC shall coordinate with the ASEANIntergovernmental Commission on HumanRights (AICHR) and other relevant ASEANsectoral bodies dealing with issuespertaining to women and children includingconsultations on the ultimate alignmentbetween the ACWC and the AICHR as theoverarching human rights institution inASEAN.

7.8. The ACWC shall engage in dialogue andconsultation, as may be appropriate, withother national, regional and internationalinstitutions and entities concerning thepromotion and protection of the rights ofwomen and children.

8. Work Plan and Funding

8.1. The ACWC shall prepare and submit a WorkPlan of programmes and activities withindicative budget for a cycle of five years tobe approved by the AMMSWD. Wheneverappropriate, the ACWC may consult relevantASEAN bodies in the preparation of its WorkPlan.

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8.2. The ACWC shall also prepare and submitan annual budget to implement the WorkPlan to be approved by the AMMSWD uponrecommendation of the Committee ofPermanent Representatives to ASEAN (CPR)when required.

8.3. The programme and activities of the ACWCshall be funded by ASEAN Member States oncost-sharing basis and voluntarycontributions from ASEAN Member States.

8.4. The ACWC may receive funding from othersources, subject to the approval of AMMSWDupon the endorsement of the CPR, to supporteffective implementation of its work servingthe common interest of women and childrenin all ASEAN Member States.

8.5. The ACWC may establish its own Fund withthe terms and conditions to be determinedby the ACWC and approved by the AMMSWD,upon the recommendation of CPR.

8.6. All funds used by the ACWC shall bemanaged and disbursed in conformity withthe general financial rules of ASEAN.

8.7. Secretarial support for the ACWC shall befunded by the ASEAN Secretariat’soperational budget.

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9. Role of the Secretary-General of ASEAN and theASEAN Secretariat

9.1. The Secretary-General of ASEAN may bringrelevant issues to the attention of the ACWC.

9.2. The ASEAN Secretariat shall provide thenecessary secretarial support to the ACWC.

10. General and Final Provisions

10.1.This TOR shall come into force upon theapproval of the AMMSWD.

Amendments

10.2.Any Member State may submit, through theChair of the ACWC, a formal request for anamendment of this TOR for consideration ofthe ACWC.

10.3.The ACWC shall submit the request for theapproval of the AMMSWD.

10.4.Such amendments shall take effect uponapproval of the AMMSWD.

Review

10.5.The ACWC shall undertake mid-term andfinal-term reviews of its 5-year Work Plan.

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The outcomes of these reviews shall besubmitted to the AMMSWD.

10.6.The ACWC shall review its TOR five yearsafter its entry into force. The outcomes of thisreview and subsequent reviews shall besubmitted to the AMMSWD.

Interpretation

10.7.Any difference concerning the interpretationof the TOR which cannot be resolved shallbe referred to the AMMSWD.

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