Subject: [fem-women2000 515] Fw: [apwomen2000] APWLD position paper on race and sex discrimination
From: lalamaziwa <lalamaziwa@jca.apc.org>
Date: Tue, 19 Sep 2000 00:32:06 +0900
Seq: 515
Forwarded by lalamaziwa <lalamaziwa@jca.apc.org> ---------------- Original message follows ---------------- From: Susanna George <susanna@isiswomen.org> To: apwomen2000@isiswomen.org Date: Mon, 18 Sep 2000 12:08:23 +0800 Subject: [apwomen2000] APWLD position paper on race and sex discrimination -- Distributed by Isis International-Manila - linking women, sharing knowledge, engendering change -------------------------------------------------------------------------- Subject: APWLD position paper on race and sex discrimination author: APWLD forwarded by: Alison G. Aggarwal <apwld@loxinfo.co.th> date: 00.09.14 --------------------------------------------------------------------------------------------------------- Dear APWomen2000, This message was sent to us by the Asia Pacific Forum on Women Law and Development (APWLD) who was also an active participant at the recently concluded Regional Experts Seminar on Migration and Trafficking. They have prepared a document giving comments on the Experts Recommendations which will go into the final report of the meeting which is being compiled by the secretariat in Geneva. Although there are no email versions of the Draft Recommendations as they were discussed at the meeting, you might want to scan through the comments that have been made by APWLD, and pass your own comments directly to them. They need to hear your comments on or before the 19th of September, when they will be summarizing and forwarding comments from their network to the secretariat. I attach the letter that was sent out by Alison Aggarwal that accompanies the documents. Salaams, Susanna George Isis International-Manila ---------------------------------------------------------------------------------------------------------------- Greetings! APWLD's Women's Rights Human Rights Taskforce member, Sunila Abeyeseekera and the three program officers from APWLD's secretariat attended the Asia-Pacific Seminar of Experts on Migrants and Trafficking in Persons with Particular Reference to Women and Children, 5-7 September 2000, Bangkok, Thailand. We presented APWLD's position paper to experts, State representatives and representatives of international organisations, calling for a wider discussion of race and sex discrimination in the Asia-Pacific, including issues other than just migration and trafficking. We also worked with other NGOs attending the seminar to develop a Joint NGO Statement.(see attached). The Secretariat of the Seminar called for contributions from NGOs, to be submitted within two weeks of the Seminar, on the draft conclusions and recommendations of the Seminar. Although we do not have an electronic copy of the draft conclusions and recommendations to provide you, we have developed APWLD's response to the draft document (see attached). We would appreciate it if you could review our suggested comments on the Seminar's draft conclusions and recommendations and suggest any changes. Please notify us of any changes by Tuesday 19 September 2000, so that we can submit our suggestions by the due date. We apologise for the very short time frame. Warm regards Alison G Aggarwal APWLD Program Officer ---------------------------------------------------------------- =============================================================== APWOMEN2000 is a general announcement list created to facilitate information and resource sharing for the NGO review process in Asia and the Pacific for the Beijing Platform for Action. Send postings to <owner-apwomen2000@isiswomen.org>. APWOMEN2000 is archived at: http://www.isiswomen.org/womenet/lists/apwomen2000/archive =============================================================== Asia-Pacific Seminar of Experts in Preparation for the World Conference Against Racism: Migrants and Trafficking in Persons with a Particular Reference to Women and Children Bangkok 5-7 September 2000 APWLD's (NGO) COMMENTS ON DRAFT CONLCUSIONS AND RECOMMENDATIONS We welcome the draft recommendations and conclusions of the experts for the Asia Pacific Seminar of Experts on Migrants and Trafficking in Persons with Particular Reference to Women and Children from 5-7 September, 2000 in Bangkok, Thailand. The draft conclusions and recommendations comprehensively address the range of issues that were discussed in the Seminar, and concretely address the concerns of the most marginalised groups, particularly, women and children. The experts' conclusions and recommendations highlight the most urgent concerns for States, international organisations and civil society need to address and raise at the World Conference Against Racism in 2001. Suggestions for amendments to the draft conclusions and recommendations were called for by the Secretariat from states, international organisations and participating non-government organisations. In response we submit the following suggestions for amendments. These amendments are suggested to ensure that the conclusions and recommendations fully reflect the concerns and issues for women and children in particular. Suggested Amendments -------------------- 1. General 5 (v): We support the inclusion of sex and race as grounds for direct and indirect discrimination against women in immigration laws and practices. 5 (vii): We support the inclusion of the element of coercion, in addition to "deceit and trickery" as an aspect of trafficking to be aware of, in recognition of the cases where women and children are forced into these situations. 14: We support the inclusion in the Report of the conclusion that there is no country in the world which is free from racism and racial discrimination as defined in the ICERD, as an important statement on the assessment of the actual status of racism among states in the region. II Racism as Root Cause and as Consequence of Migration and Trafficking 22: We support the following amendment: "Thus the World Conference should recommend that any [insert: sustainable] economic development programs in sending communities must ensure that they do not [remove "simply 'deepen' entrenched" and insert: continue to widen the gap between advantaged and disadvantaged groups and thereby further entrench the position of] elites." III Ratification and Implementation of Relevant International Instruments 34. We support the recommendation that States should ensure that children of families and migrants and trafficked persons are adequately protected and enjoy the full rights contained in the Covenant on the Rights of the Child and the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families as it highlights the importance of women's and children's rights within trafficking and migration. IV "Bilateral, Regional and International Cooperation 38: We support the recommendation for States to allow for the inclusion of perspectives of migrants and trafficked persons in regional fora where the issues of migration and trafficking are considered. VI Combating Discrimination Against Migrants We support a greater emphasis on the specific needs of undocumented migrants to enable States to undertake greater steps towards legitimising migration. 66: We support the need for States to consult with employers' and workers organisations, and NGOs in the course of modifying their immigration policies. For States to ensure that they do not discriminate against migrants on the basis of race or sex, it is essential that they consult with those who will be involved in and impacted by the policies. 67: We support the recommendation for States to support the establishment of associations of migrant workers, in recognition of the right for the freedom for association, as identified in the Universal Declaration of Human Rights. We also encourage the inclusion of a recommendation for States to ensure that national mechanisms and institutions are able to effectively prevent racial and gender based violence against migrants and trafficked persons in host and transit countries, in situations of custody and incarceration, and in the context of repatriation. VIII Best Practices and Procedures While we welcome the recognition of the role that NGOs can play in addressing many of the migration and trafficking issues discussed, we recommend that States undertake greater measures to provide financial and other forms support for NGOs to undertake activities and roles in this area. Overall In recognition that the Expert Seminar was in preparation for the World Conference Against Racism, and in recognition of the global nature of the problems of migration and trafficking, the conclusions and recommendations should reflect their applicability to all States throughout the world, not just within the Asia-pacific region. While recognising that migration and trafficking, especially of women and children, is a critical issue for States in the Asia-pacific region to be addressing, we reiterate the importance for States, in their preparations for the World Conference Against Racism, to be prepared to comprehensively consider the full range of issues related to discrimination including discrimination on the basis of race, ethnicity, caste, religion and tribal or indigenous origin; and the inter-sectionality of these issue with the factors, of class, sex, age and health status. --------------------------------------------------------------------------- Joint Statement of Asia Pacific Non-Governmental Organisations attending the Seminar of Experts on Migrants and Trafficking in Persons with Particular Reference to Women and Children, 5-7 September, 2000 in Bangkok, Thailand In preparation for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, we, as human rights non governmental organisations working in the Asia Pacific region, have participated in the Asia Pacific Seminar of Experts on Migrants and Trafficking in Persons with Particular Reference to Women and Children >from 5-7 September, 2000 in Bangkok, Thailand. As people living and working in this region, we recognise the impact of racism, racial discrimination and related intolerance on the lives of our peoples and on their capacity to enjoy their full human rights. We welcome the steps taken by the United Nations to convene the third United Nations World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and concur with its conviction that racism and racial discrimination constitute a total negation of the purposes and principles of the Charter and the Universal Declaration of Human Rights. While we welcome the initiative taken by the governments of the Asia Pacific region to discuss migration and trafficking with a particular focus on women and children, we stress the importance of considering the complete range of issues related to discrimination including discrimination on the basis of race, ethnicity, caste, religion, and tribal or indigenous origin and making concrete recommendations on all the above. We urge all governments to rise up to the challenge of ensuring that the deliberations of this and all subsequent preparatory meetings include a holistic treatment of the issues of racism, racial discrimination, xenophobia and other related intolerance. We hope that this Conference will provide the opportunity for the international community to recommit itself to the elimination of all forms of discrimination. We call on the international community to develop comprehensive frameworks that will encompass existing and persistent forms of discrimination as well as new manifestations based on race, ethnicity, language, religion, descent and work recognising the inter-sectionality of these with factors of class, sex, age and health status. In examining the issue of racism within the context of migration and trafficking at this Seminar of Experts, we remind the international community of the commitments to the principle of "All Human Rights for All", that they made on the occasion of the 50th Anniversary of the Universal Declaration of Human Rights. We believe that all people, no matter where they are and how and why they got there, are entitled to the same protection of their human rights. We hope that in the processes leading towards the World Conference against Racism, governments will acknowledge the full extent of all forms of prejudice based on race, sex and other differences within their national borders and transcend their national interests in order to deal with race related issues that are transnational and global in nature. We recommend therefore that the following principles and actions be adopted at the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: * Ensure that the mandates of all national and regional human rights mechanisms and institutions include working towards the elimination of all forms of racism, racial discrimination, xenophobia and related intolerance; * Make greater efforts to investigate and address the root causes of migration and trafficking including poverty, political and social oppression, ethnic, religious, gender and caste-based discrimination and situations of violence and armed conflict; * Acknowledge, redress and reform the inherently racist legislation, policies and programmes that have displaced, marginalised and severely discriminated against indigenous peoples and which have contributed to the removal of their land rights, the decimation of their cultures and their heightened vulnerability in situations of migration and trafficking; * Give full consideration to the elimination of caste as an insidious and deeply entrenched form of discrimination on the basis of work and descent; * Reform and modify immigration legislation and policies to improve accessibility to legal forms of migration, and ensure transparency of the processes related to migration; * Promote forms of governance that are based on principles of equality and non-discrimination and that reflect the full diversity of humanity; * Recognise the positive political, economic and social roles and contributions of discriminated sectors, and ensure their full political and economic social and cultural, participation as an essential element in eliminating all forms of discrimination. * Recognise the responsibility and accountability of governments nationally, regionally and internationally to act decisively to resolve, through peaceful and democratic means, situations of ethnic, religious and other forms of armed conflict that result in the violations of human rights and the displacement of vast numbers of people internally and internationally; * Ensure institutions and mechanisms, that include the involvement of government, non government organisations and grass roots groups, to protect and prevent racial and gender based violence against migrants and trafficked persons in host and transit countries, in situations of custody and incarceration, and in the context of repatriation; * Promote awareness and greater social and political respect for all forms of diversity and the greater recognition of the contributions of migrants and trafficked persons, through educational curricula, community programmes and the mass media; * Ratify the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, the International Convention on the Elimination of All Forms of Discrimination and all other pertinent international instruments for the protection of fundamental human rights; * Ensure that there is adequate protection and full enjoyment of the rights of children and families of migrants and trafficked persons as recognised under the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families; * Recognise the roles of non-governmental organisations and grassroots organisations as active partners in addressing the problems of migration, trafficking and in combating all forms of discrimination, and guarantee support for their participation in all processes leading up to the World Conference against Racism; * Incorporate key concerns identified by non-governmental organisations working on the elimination of all forms of discrimination in the region into the recommendations of this Seminar of Experts. 6th September, 2000, Bangkok, Thailand This statement has been endorsed by: Asia Pacific Forum on Women Law and Development Asian Forum on Human Rights and Development Asian Human Rights Commission Asian Migrant Centre Asian Women's Human Rights Council Asia-Pacific Peace Research Association Catholic Commission on Migration Coalition Against Trafficking in Women Equality Now Global Alliance against Trafficking in Women International Catholic Migration Commission International Movement for Fraternal Union Among Races and Peoples Isis-International Manila Maryknoll Sisters Migrant Forum in Asia Netherlands Organisation for International Development Cooperation Third World Movement Against Exploitation of Women World Council of Churches World Movement of Christian Workers _________________________________________________________________________ fem-Women2000@jca.apc.org for Women 2000, UN Special Session on Beijing+5 Searcheable Archive http://www.jca.apc.org/fem/news/women2000/index.shtml visit fem-net HomePage for other mailing lists http://www.jca.apc.org/fem