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Whose morality in ASEAN anyway: Strike out “public morality” from the ASEAN Human Rights Declaration

PLEASE SIGN THE PETITION:
http://www.change.org/petitions/aichr-drop-public-morality-from-the-asea...

As the ASEAN Human Rights Declaration (AHRD) nears finalization, there are still many reasons for us to worry. There is a high chance for the term “public morality” to be used as a limitation of human rights. There is also no assurance that women’s human rights especially those around sexual and reproductive health and rights, sexual orientation and gender identity, rights in marriage and family life and freedom of movement and citizenship, will be recognized.

Although “public morality” has been used as a limitation of human rights in the 1949 Universal Declaration of Human Rights (UDHR) and in the constitutions of several ASEAN member states, we have realized that identities, relationships and social relations are much more diverse. At the same time there are multiple forms of discrimination and violence than more than half a century ago:

Despite the ban in 2006, Indonesian girls in rural communities still undergo female genital mutilation as a sign of chastity. In the Philippines, it is easier to charge a married woman with adultery than a man who has to be caught living with another woman. In some parts of Cambodia and Laos, women are obliged by their culture to give birth in the forest without birth attendants, risking both the lives of mothers and infants. In Malaysia, same sex relationships are punishable with 10 years imprisonment while LGBT individuals are prohibited from starting families. These and other forms of discrimination and violence could potentially be justified by invoking "public morality."

Yet “public morality” has never been defined in any international human rights standard, unlike concepts such as public health and safety. Instead experience suggests that it has been interpreted based on the dominant patriarchal and religious hierarchies. Human rights need to evolve to facilitate the full exercise of human rights in the midst of current challenges and threats. The evolution of human rights, often expressed in the recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) or the resolutions of the Human Rights Council (HRC), for example, adds value to existing human rights standards.

Omitting the term “public morality” in the AHRD will not contradict the national constitutions which still have it as a ground for limitation of rights nor the UDHR. Instead, such ommission will contribute positively to the discourses which broaden the interpretation of international human rights standards.

More importantly, the AHRD must be sensitive to the lived experience of the region’s communities, especially women and girls whose gender and other social status have made it more difficult to endure, resist and act on past and present mechanisms of patriarchy, colonization and other forms fundamentalisms in family, education, religion, land acquisition and trading systems, militarization, labor and migration, among many others.

We ask the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN foreign ministers to undertake the following:

· Omit any reference to “public morality” as a limitation of human rights

· Follow international human rights standards and contribute to the evolution of human rights discourses.

· Engage ASEAN communities and human rights experts through meaningful consultations on the AHRD beginning with the public release of the draft AHRD.

[Note: Following the first consultation on the ASEAN Human Rights Declaration (AHRD) on 22 June 2012 in Kuala Lumpur, Malaysia, there are indications that “public morality” remains a ground for the limitation of rights. This, despite the support of a few representatives of the ASEAN Intergovernmental Commission on Human Rights, the body tasked to produce the AHRD. The AHRD is set to be approved in November 2012.]

This story was written for World Pulse’s Ending Violence Against Women Digital Action Campaign.

World Pulse believes that women's stories, recommendations, and collective rising leadership can—and will—bring an end to gender-based violence. The EVAW Campaign elicits powerful content from women on the ground, strengthens their confidence as vocal grassroots leaders, and ensures that influencers and powerful institutions hear their stories.
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Comments

Ali Shahidy's picture

I appreciate your efforts

Dear Nina,

Initially, I didn't know anything about the term "Public Morality". But your blog inspired me to ascertain and search more about it. And yes, public morality varies from culture to culture. And obviously, it encompasses more restrictions and limitations that maintain gender-based norms - mostly in countries with fundamentalism or radical religiousness and traditions that are largely influenced by religious radicalism.

In my searches, I also noticed that many human rights and civil institutions took firm actions in supporting this cause like regional consultation of AICHR with CSOs on AHRD, Asia Pacific Forum on Women, Law and Development (APWLD) and the Women’s Caucus members who called for the deletion of “public morality” that has been known to be used to curtail human rights. Additionally, APWLD has also produced a paper on “public morality”, urging for the removal of any mentioning of “morality” from the ASEAN Human Rights Declaration. So this is some good news but we can't still be hopeful not to be affected by the extant term "Public Morality".

I signed the petition and shared its link on my Facebook to spread the word.

Thank you, Nina, for sharing this with the WP.

Ali Shahidy

nina somera's picture

Thank you

Thank you Ali --- this is so late, I really apologise.

Thank you for signing the petition. The term public morality is in the final cut of the AHRD but still, I'd like to think that there were some gains such as AICHR was encouraged to study the issue, awareness was raised within the regional ASEAN civil society and hopefully, it introduced a discourse that other scholars, feminists, activists will push forward.

Yes, I know the paper. I wrote it and I really hope that it will just be a first step.

Nina Somera
Manila, Philippines

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