APMM, IWRAW AP organize CEDAW webinar for women migrants

On Sunday, August 8, 2021, the Asia Pacific Mission for Migrants (APMM) in collaboration with International Women's Rights Action Watch Asia Pacific (IWRAW AP) successfully held “YOU and CEDAW: Introductory Webinar on Framing Rights of Women Migrants under CEDAW”.

This virtual event was attended by more than 150 participants, majority of whom were women migrants. Many participants like those in Thailand, South Korea, Indonesia, Hong Kong and Macau attended in hybrid mode – where they gathered in one place and used one device. Participants came from 15 countries and regions in Asia Pacific and the Middle East namely Indonesia, Philippines, Japan, Thailand, Malaysia, Singapore, Hong Kong, Taiwan, Macau, Netherland, South Korea, Bangladesh, Cambodia, Jordan and Pakistan.

The webinar opened with remarks from the APMM’s General Manager Aaron Ceradoy, who said that CEDAW is part of a long-running struggle and is still very relevant today. The enthusiasm of the participants to take part in this activity shows the importance of CEDAW. He further said that it is still the collective and determined actions of the women’s movement that will bring about the changes needed on situation of women, including women migrants. If a woman’s place is in the struggle, the CEDAW’s place is within the whole struggle for women.

Shanti Uprety, Program Manager from IWRAW AP gave a presentation about CEDAW. She explains CEDAW as an extension of the women’s rights movements and also as accountability mechanism for women’s human rights. CEDAW, she explains, raising awareness of power holders, legitimizes women’ claim for rights and women can be transformed from being passive beneficiaries to become rights holders. Aside that, as accountability mechanism, CEDAW can make women’s rights claims visible, creates binding legal obligations on states, and interpretative mechanism to support domestic gaps in recognition of rights.

Shanti clearly explained the CEDAW framework on substantive equality, non-discrimination and state obligation. Along with this framework, there are general recommendations that strengthen the state obligation and provide bigger space for women’s human rights recognitions and claims.

Specifically, regarding the protection of migrant women, she mentioned the General Recommendation of CEDAW No. 26 which is an optional protocol from CEDAW. All countries that have ratified CEDAW and ratified CEDAW General Recommendation No. 26, are obligated to protect migrant women from all forms of discrimination.

Shanti also explained engagement with CEDAW Committee as a way to advance women’s human rights. She mentioned about shadow report that can be submitted by organizations, and also individual complaints that can be addressed to CEDAW Committee through the optional protocols.

Her explanation was very clear and provided initial knowledge about CEDAW and provided a framework for understanding the rights of migrant women under CEDAW.

The webinar was continued with a film showing of a short APMM video on the conditions of women migrant domestic workers amid the Covid-19 pandemic in Hong Kong.

Two resource persons also shared their insights and experiences using CEDAW in advancing women's rights. The first resource person was Jaya Anil Kumar, Manager of Research and Advocacy at the Humanitarian Organization for Migration Economics (HOME) based in Singapore.

Jaya said that in her experience of providing services to migrant women in Singapore, there’s a lot of discrimination that occurred, even in the form of an obligation for women to carry out HIV and pregnancy tests as a form of control for migrant women. This is where CEDAW can be used as part of advocacy and campaign. Jaya said that the CEDAW mechanism has been used to eliminate and repeal the law requiring work-permit holders, including migrant domestic workers, to undergo mandatory testing for pregnancy and sexually transmitted diseases and to be deported on the grounds of pregnancy or diagnosis of HIV.

The next resource person, Mabel Au, Chair of the Association for the Advancement of Feminism (AAF) and also the Executive Director of the Asia Monitor Resource Centre based in Hong Kong, also have experience with law change advocacy. Mabel said that there has been advocacy and campaign on changes on domestic violence ordinance in Hong Kong since 1990s. On 2004, the domestic violence cased reached the highest, then on 2006, along with the CEDAW report process, the campaign and advocacy started. On Sexual Discrimination Ordinance, the amend enact on 2014, after years of campaign, data collection on women working condition, and submitting shadow report to CEDAW Committee. The amend will protect women in working place from customer’s sexual harassment.

Mabel said that one of the challenges in CEDAW mechanism is the length of the process. However, she said that CEDAW is a very good mechanism to use, because it has the legal force that binds states and civil society organizations can intervene in the process.

The webinar continued with an open forum for questions and answers. Participants asked a lot of questions, and the speakers gave their views and answers to these questions. One of the questions is regarding the effectiveness of CEDAW implementation for women who come from low socioeconomic backgrounds. Mabel Au, who answered this question, stated that, after all, CEDAW is something that should be used by women, it is necessary to increase awareness in various circles, have strong organizations and networks, and policy advocacy so that CEDAW can run as it should.

The webinar activity was closed with participants showing placards containing demands and calls for protection of women migrants’ rights, end to violence against women, among others and a short tribute the late Lina Cabaero, a woman’s rights activist and women migrants’ rights advocate based in Australia. #