Welcome to the Feminist Accountability Map

...which tracks the progress of countries in Asia and the Pacific against its commitments to women's human rights and Development Justice.

Explore the map
For the best experience, view on
1.Desktop OR 2.Tablet

Feminist
Accountability
Map

Choose a country
Scroll for case studies
Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Mongolia

Finance, Trade, and Investment Agreements

Last Updated: uploaded: 01/01/24

Since it transitioned to a market economy in the early 1990s, Mongolia has taken a series of measures to liberalise and privatise its economy. It joined the World Trade Organisation (WTO) in 1997 and over a 30-year period since the early 1990s, it has entered into 44 Bilateral Investment Agreements, of which 37 are currently in effect.1 It is also party to five Free Trade Agreements (FTAs), of which two are in effect.2 These agreements have facilitated trade and the entry of foreign investment into the country, much of which have been targeted at Mongolia’s vast natural resources. In December 2022, Foreign Direct Investment (FDI) in mining and quarrying reached an all-time high of 20.175 bn USD, averaging over 15 bn USD between December 2010 – December 2022.<sup3 According to the World Bank’s latest Economic Update for Mongolia, the over-reliance on the mining sector, external sector imbalances, increasing fiscal risks and high levels of debt pose serious challenges for the economy.4

In December 2022, Mongolia’s external debt reached 33.6 bn USD, which is a little under its all-time high of 33.9 USD bn recorded in March 2022, as compared with 4.2 bn USD in September 2000.5 This constitutes about 70 per cent of GDP — over 90 per cent of which is denominated in foreign exchange, raising serious questions about Mongolia’s external debt sustainability.6 Moreover, as a response to the pandemic, the World Bank and the Asian Development Bank provided support to Mongolia in the form of loans. These measures will further push Mongolia’s debt into unsustainable territory because of expected waves of austerity measures with damaging consequences for women’s rights.7 As women’s rights groups have repeatedly highlighted, debt has highly gendered impacts, particularly as the effect of debt is cuts to public spending, which in turn lead to reductions in the availability of essential public services. This interferes with women’s enjoyment of their rights in several ways – not only are women more reliant on public services and social security guarantees than men, but they are also the ones who are left to fill the gaps in the provision that occurs when services are reduced.8

Another impact of the liberalisation measures, particularly the investment agreements, have been the use of Investor State Dispute Settlement (ISDS) mechanisms which enable foreign corporations to sue sovereign governments if they deem that their profits are in any way affected by governmental action. Since 2001, the Mongolian government has been at the receiving end of six ISDS cases raised by foreign investors of which five relate to investments in the mining sector.9 Of these five, there is no available data on one of the cases, two disputes remain pending and two cases have been decided – one in favour of the investor and one in favour of the government. In the case that was found in favour of the investor, the government was asked to pay 80 million USD, and in the two disputes that remain pending, investors have made claims of the Mongolian government to the tune of 1 bn USD and 145 million USD respectively.

The high expectations that the extractive industries would not just contribute to economic growth but also increase productive employment and reduce poverty have not been adequately met over the years. Foreign investment in mining has created only a limited number of jobs. In 2022, the sector employed just 56,003 people (of whom only 16 per cent were female) as opposed to the agricultural and livestock sector, which employed 291,678 people in the same year (of whom 43 per cent were women).10 Moreover, the sector has had deep impacts on women’s human rights and Development Justice as it relies on large-scale land and resource grabbing that detrimentally impact women’s lives and livelihoods that are rooted in Mongolia’s pastoral economy and traditional nomadic life, including their herding rights.11

As a recent fact-finding mission conducted in October 2022 by FORUM-ASIA and Centre for Human Rights and Development (CHRD) found, pastoral communities in areas such Ulaaanbadrakh soum of Dornogovi province, who have called this land their home for decades, were slowly losing their rights over it.

“With the support of the government, mining companies were taking over not just the land of communities, but also their air, water, livelihoods as well as their health.”

The report found that the shrinking of pastureland not only adversely impacted the income and traditional livelihoods and ways of life of herding communities, there was also a deterioration in the health of the community, owing to the dust and chemicals generated from the mining operations. There was also a reduction in water sources which increased water insecurities. The report also found an increase in air and water pollution as a result of the mining operations, and an increased desertification, which in turn contributes to climate change. Additionally, the report found that communities are being threatened into silence, with targeted attacks on human rights defenders, including Women Human Rights Defenders becoming more commonplace.12, 13

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Mongolia

Corporate Capture

Last Updated: uploaded: 01/01/24

Over recent years, state policies in Mongolia have been largely supportive of large business groups and their interests. Currently, a new draft law on Public Private Partnerships (PPP) is in the process of development. In 2009, the State Policy on PPP was adopted to promote private sector participation in the provision of infrastructure. This was followed by the Law of Concession in 2010, which laid out the processes of implementation of PPPs through the grant of rights to the private sector to possess, use, build and improve state or locally owned properties. Following this, the Procedure for Competitive Concession Bid Selection and the Procedure for Evaluating Concession Bids in 2012 were initiated to regulate the allocation of various development projects in infrastructure and social sectors in Ulaanbaatar and the countryside. By 2013, the approved List of Concessions included 234 projects targeting various infrastructure and basic services such as road and transportation, communications, rail, education and health.1

However, despite this regulatory landscape, there continue to be gaps, particularly in the granting of concessions through direct contracting and in the mechanisms to monitor and control PPPs.2 Moreover, PPPs have not led to either improved access or quality of essential services. In fact, ground reports suggest that the quality of the health service, in which there has been management privatisation for more than 10 years, has worsened over this period. In other words, the involvement of private businesses in schools and hospitals has contributed to inequalities by dividing the population.

References

  • 1 Banzragch, Undrakh. (2018). Improving the public-private-partnership system in Mongolia - a comparative study of the Republic of Korea and Mongolia. Masters thesis submitted to KDI School. Kore Development Institute. https://archives.kdischool.ac.kr/handle/11125/32204
  • 2 News.mn. (2016, 9 March). M. Shinebayar: It is the responsibility of the private sector to see future risks in the concession project and to include safeguards. https://news.mn/r/718891/
Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Mongolia

Land and Resource Grabbing

Last Updated: uploaded: 01/01/24

Given the enduring history of centuries of Mongolian pastoralism, land has traditionally been understood and protected as common property. In the early years of the transition to a free-market economy, for the first time in 1991, through a revision to the Constitution, individuals were allowed to own private land in urban settlements, even as pastoral land and other natural resources continued to remain state property.1 This change was legislated upon in 1994 through the first Land Law, and since then, there have been a series of legislations that have elaborated on various types of land tenure, the rules for ownership and allocation of land, as well as instituting a right for all Mongolian citizens to a free piece of land. However, there continues to be a lack of transparency, legal inconsistencies, and manipulation of allocation of land. And on the question of women’s land rights, although women have formal equality in relation to inheritance, land use and ownership of property, often during land privatisation however, titles are placed in the name of the male household head, rather than through joint titling.2 Moreover, it is difficult to gather the extent of gendered disparities in land ownership owing to the lack of gender disaggregated data.

In relation to land use, particularly since the transition to the market economy, there have been several changes to patterns of land use which impact women’s human rights and Development Justice. Not only has increased urbanisation put pressure on public services and provisions in cities such as Ulaanbaatar, but there has also been shifts in patterns of nomadic pastoralism with herding becoming more fixed around community settlements. This has been accompanied by an increase in the numbers of livestock with the animal population doubling in the country in less than 10 years, intensifying overgrazing.3

Another shift in land use has come from the mining sector.

“Although foreign ownership of land is not permitted, the state has leased land to both domestic and foreign companies, with the vast majority of leases involving the mining sector. In 2020, there were 2,641 active licences to explore or mine 57 types of minerals in Mongolia, covering four per cent of the total land area of Mongolia”4

The sector, as we have seen, impacts not just the lives, livelihoods and rights of herding communities, but it also has sustained environmental impacts.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Mongolia

Climate Crises

Last Updated: uploaded: 01/01/24

Mongolia has seen an intensifying series of climate crises in the form of substantially higher temperatures which have contributed to the drying up of the country’s water resources. There has also been an increase in the number and intensity of extreme events, especially droughts, which disproportionately impact those reliant on agriculture and herding.1 One of the reasons for the high susceptibility of the country to extreme climate events is its location at a high elevation with climate characterised by long cold winters and short summers.2

“The processes of development in the name of economic growth including increasing urbanisation and the rise of the mining sector have also contributed to the increased susceptibility of the country to adverse climate change. The sector has significantly contributed to erosion as well as a reduction of land for herders, with available grasslands being overstressed, leading to degradation and desertification”3

Governmental inaction on addressing the impacts of mining have contributed to the intensification of climate change. For example, there has been a lack of consultations with local herders in the processes of environmental impact assessment for special licence issuance, lack of rehabilitation during mining activities, and weak monitoring to ensure implementation of environmental protection laws. This inaction has contributed to negative impacts such as soil deterioration, pollution of potable water sources, drying of rivers and waters. This has also led to an increase in social unrest and disputes between local citizens and mining companies.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Mongolia

Militarism and Conflict

Last Updated: uploaded: 01/01/24

Unlike other countries of the region, military spending in Mongolia has seen a sharp reduction in the years following its transition to a multi-party democracy. Military spending has also been relatively modest averaging 0.8 per cent of GDP over the last decade.1

Sandwiched as it is between two expansionist powers, the country is in a geo-strategic hotspot with major powers seeking to gain strategic advantage in the region. However, since the transition, in order to maintain its sovereignty and security rather than increase its military capabilities, the country has formulated a geopolitical strategy that is built primarily around developing friendly relations with its two neighbours, as well as privileged relations with democratic countries, its ‘third neighbours’.2 This has meant a departure from its military alliance of several decades with the erstwhile Soviet Union and a commitment to neutrality which has included a declaration of its territory as a nuclear weapon-free zone and membership in the Non-Aligned Movement. Additionally, Mongolia’s small military has become a significant foreign policy instrument to advance its third neighbours’ policy, which it has pursued through the deployment of its military as a peace-keeping force.3

Mongolian women have had a key role to play in Mongolian peacekeeping with the Mongolian army steadily increasing the numbers of women deployed in peacekeeping. The commitment of the country to bolster the role of women in peacekeeping is also demonstrated by the Mongolian President pledging to the UN General Assembly in September 2021 an increase in the percentage of Mongolian women peacekeepers to 15 per cent in alignment with UN Security Council Resolution 1325 on women, peace and security.4

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Mongolia

Patriarchal Authoritarian Governance

Last Updated: uploaded: 01/01/24

In its latest assessment of civic space in Mongolia, CIVICUS found that the space for civil society had ‘narrowed’. While this assessment was an upgrade from its previous assessment of an ‘obstructed’ civil society owing primarily to the adoption in April 2021 of a new law to protect human rights defenders, CIVICUS also raised concerns about press freedoms, as well as harassment, intimidation and reprisals against human rights defenders through the use of security laws.1 This narrowing of civic space was also echoed by the fact-finding report on the impacts of mining on herder communities in Mongolia conducted in October 2022 by FORUM-ASIA and CHRD which found that communities raising concerns or protesting mining operations were increasingly being threatened into silence, with targeted attacks on human rights defenders becoming more commonplace.2

In October 2022, the state of reprisals against human rights defenders in Mongolia was raised as a concern by the Committee on Economic, Social and Cultural Rights (CESCR) in its Concluding Observations where it brought attention to reports of harassment, intimidation and reprisals against human rights defenders, including the woman human rights defender and Oyu Tolgoi Watch Executive Director, Sukhgerel Dugersuren, who is being investigated under Mongolia’s security laws. CESCR found that there was a clear reprisal by the state against Sukhgerel Dugersuren who has worked closely with communities impacted by large scale development projects including mining, energy and infrastructure projects seeking state and corporate accountability.3,4

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Mongolia

Patriarchal Structures and Norms

Last Updated: uploaded: 01/01/24

Through the difficult transition years when many families were plunged into poverty as previously protected jobs disappeared and social services were drastically reduced, Mongolia saw a significant regression of women’s rights in the country through a deepening of patriarchal structures and social norms. This resulted in a widening of gendered inequalities in political, economic and social life.1 Prior to the 1990s, during the socialist regime, women’s participation in politics was ensured through quota systems. In 1990, when the country began the process of transition to a multi-party democracy, women constituted 23 per cent of the total number of representatives in the national parliament, which was reduced to three per cent in 1992. The percentage of women in parliament stayed consistently low till it began improving from 2012 onwards.2 This was because during the initial years of transition, the women’s seat quota was eliminated, and since then efforts to include women in parliament have shifted to candidacy quotas, though these efforts have been plagued by inconsistency and instability for women.

A candidacy quota of 30 per cent for women was first introduced in 2005 but was abruptly removed from election law prior to the elections in 2008 and was never tested. Another amendment to the election law in 2012 reintroduced the candidacy quota of 30 per cent, retained it in an amendment to election law in 2015, but it was abruptly and unconstitutionally reduced to 20 per cent prior to the elections in 2016.3 In 2020, during the last parliamentary elections, women constituted 17.11 per cent of elected representatives to the national parliament, a vast improvement from the low of three per cent in 1992, but below the regional aggregate of 21 per cent for East Asia and the Pacific.4

In terms of women’s employment too, Mongolia continues to face significant challenges with persistent and widening gender gaps between male and female labour force participation rates. The ratio of female to male labour force participation has dropped from 82.3 per cent in 2017 to 76.8 per cent in 2021. Further, the impacts of the pandemic on women’s labour force participation rates have continued to reverberate with the rate falling sharply from 63 per cent in 2019 to 58.7 per cent in 2021.5 Moreover, as APWLD partner, Dem Ololt found in their advocacy report, job security was particularly risky for women whose usual childcare services were suspended.6

While the pandemic exposed and exacerbated gender gaps in the performance of unpaid work – both care work and in family businesses – data collected by the National Statistics Agency in 2018 found these gender gaps to be significant.

“The data pointed to systemic issues in the gendered division of unpaid labour, with women continuing to disproportionately perform such work – accounting for 75.9 per cent – in both the household and in family-owned businesses.”

Women in Mongolia also continue to experience gendered inequalities in relation to asset ownership. A 2018 study by the National Statistics Office found that men own 1.8 times more housing than women.7 This difference was more acutely felt in rural areas, compared with urban areas, with men owning three times more housing than women.

In terms of Gender-Based Violence (GBV), in a study carried out by the National Statistics Office with United Nations Population Fund (UNFPA) in 2017 involving 7,319 women, it was found that one in every two Mongolian women has experienced violence perpetrated by an intimate partner at least once in their lives.8 Heartbreakingly, over one in 10 of all women reported having experienced sexual abuse before they were 15 years old, with the 29.5 per cent of perpetrators of violence being other family members. Another recent study focused on GBV at the workplace conducted by the National Human Rights Commission of Mongolia and the International Labour Organisation (ILO), 10 per cent of women said they had experienced sexual harassment of some form at their workplace.9

References

International Treaties/Conventions - Mongolia

What has Mongolia
Committed to?

Mongolia is currently a party to 40 international human rights treaties and conventions and fulfils its obligations under these treaties and conventions. To that end, Mongolia is required to include the provisions of international treaties and conventions in its constitution and other relevant laws and enforce them. The country has acceded to the following treaties and conventions on the rights of women.

List of international treaties / conventions that Mongolia is signatory to1:
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CAT - Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
    24 Jan 2002 (a)
  • CAT-OP - Optional Protocol of the Convention against Torture
    24 Sep 2013
    12 Feb 2015
  • CCPR - International Covenant on Civil and Political Rights
    05 Jun 1968
    18 Nov 1974
  • CCPR-OP2-DP - Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty
    13 Mar 2012 (a)
  • CED - Convention for the Protection of All Persons from Enforced Disappearance
    06 Feb 2007
    12 Feb 2015
  • CED, Art.32 - Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance
  • CEDAW - Convention on the Elimination of All Forms of Discrimination against Women
    17 Jul 1980
    20 Jul 1981
  • CERD - International Convention on the Elimination of All Forms of Racial Discrimination
    03 May 1966
    06 Aug 1969
  • CESCR - International Covenant on Economic, Social and Cultural Rights
    05 Jun 1968
    18 Nov 1974
  • CMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
  • CRC - Convention on the Rights of the Child
    26 Jan 1990
    05 Jul 1990
  • CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    12 Nov 2001
    06 Oct 2004
  • CRC-OP-SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    12 Nov 2001
    27 Jun 2003
  • CRPD - Convention on the Rights of Persons with Disabilities
    13 May 2009 (a)
(Source: National Committee on Gender Equality https://www.ncge.gov.mn/)
Last Updated: uploaded: 01/01/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Mongolia

Priority Issues & Recommendations

Developed by: Centre for Human Rights and Development and MONFEMNET National Network, Mongolia
recommendations for mongolia
Last Updated: uploaded: 01/01/24

General Recommendations

  • Strengthen awareness of the SDG agenda among grassroots communities

    The lack of awareness of the SDG Agenda amongst grassroots communities is a barrier to ensuring government accountability. Therefore, the government should take urgent action to:

    • Provide official translations of the SDGs, targets and indicators.
    • Build the capacities of local public employees on SDGs.
    • Incorporate SDGs, targets and indicators into sectors, national and local development policies, develop SDG implementation plans, allocate funding, and hold consultations at the local, national, regional, and international levels.
    • Create structures and mechanisms to ensure policy coordination and integration and oversee the implementation of the SDGs.
    • Ensure participation of and strengthen cooperation with CSOs for implementation of SDGs.

Recommendations to end poverty, promote decent work

  • Integrate SDGs in formulation and implementation of government policies.

    This includes the policies of local government, to reduce poverty and create jobs. The government should take urgent action to:

    • Establish accurate definitions of poverty and independent monitoring mechanisms to register those identified, so that there is accurate data on households and citizens experiencing poverty.
    • Develop integrated plans to support employment and create jobs based on studies of local conditions and requirements and with the support of monitoring mechanisms that enable the active participation of citizens.
    • Ensure tangible support for local entrepreneurs in the creation of new jobs through allocating funds from the Small and Medium-sized Enterprises (SMEs) Support fund.
  • The private sector should fulfil its social responsibility with the following actions:

    • Address low rates of private sector wages which create challenges and barriers for both the reduction of poverty and the promotion of decent work.
    • Companies with operations in the local area must make every effort to employ local citizens.

Recommendations to achieve gender equality and empower all women and girls73

  • Strengthen women’s participation in decision making and politics.

    The government should take urgent action to:

    • Increase the number of women in parliament to 20 per cent.
    • Increase the number of women in local community citizen’s representative committees (which are an important decision-making authority and strong voice in local development policy) to 30 per cent.
  • Ensure equal pay for men and women.

    The government should ensure equal pay for men and women; build women’s cooperatives to ensure better livelihoods for women and support women with investments and market promotions for their businesses.

  • Tackle domestic violence as an urgent problem.

    The government should urgently tackle the problem of domestic violence by enforcing the relevant laws and regulations.


Recommendations to ensure strong institutions

  • Strengthen the quality of state information.

    The government should make every effort to improve the quality, accessibility, dissemination, and clarity of information.

  • Ensure transparency of information in state institutions.

    Organisations must ensure transparency in their reports on the right to information and its implementation on a monthly, quarterly, and annual basis.


Recommendations on tackling the adverse impacts of the mining sector74

  • Ensure decisions in this sector are compliant with the Constitution of Mongolia.

    The government should ensure that their decisions and those of the mining industry comply with the Constitution of Mongolia which:

    • Guarantees human rights, including the right to a healthy and safe environment.
    • Emphasises the importance of ‘inheriting and cherishing’ the history and culture of the country and entitles its people to a majority of the benefits from the use of the country’s natural resources.
  • Ensure compliance with the laws of Mongolia.

    The government should ensure that they and mining companies comply with the laws of Mongolia which highlights the duties of mining companies to protect the environment, the duties of the local and central government to oversee the implementation of environmental protection and management plans by mining companies. These include:

    • The processes to be followed in preparing Environmental Impact Assessments, including the participation of local communities.
    • Ensuring that special areas remain free from mining and exploration permits.
  • The government should establish clear guidelines and criteria for:

    • Granting and renewing licences for exploration and extraction, with clear guidelines for respecting and protecting the community's right to a healthy, safe, and clean environment.
    • The evidentiary requirements for communities to prove the direct impact of mining activities on their lives and livelihoods in the eyes of the law.

References

  • 1 These recommendations are from: Dem Ololt. (n.d.). Womanifesto Advocacy for community and local women’s participation in decision making and democratic political process in Mongolia. Asia Pacific Forum on Women, Law and Development.
  • 2 These recommendations are from: Rao, Prarthana and Loi, Valerio. (2023). From Dreams to Dust: Examining the Impact of Mining on Herder Communities of Mongolia. FORUM-ASIA and Centre for Human Rights and Development. https://forum-asia.org/wp-content/uploads/2023/04/From-Dreams-to-Dust_compressed.pdf
Accountability - Mongolia

Women's Rights Groups Demand Accountability

Based on the specific challenges and problems faced by women and communities in Mongolia, women’s rights’ organisations have demanded accountability from local and national governments by highlighting several concerns. For more information on these issues, explore the case studies on the Feminist Accountability Map.
accountability for mongolia
Last Updated: uploaded: 01/01/24

End poverty in all its forms everywhere

Poverty reduction is an urgent problem in Mongolia.

According to the 2020 Household Socio-Economic Survey (HSES), the national official poverty rate in 2020 was 27.8 per cent, barely 0.6 percentage points lower than in 2018, with the pandemic stalling poverty reduction efforts.1 This translates to just over 900,000 people of Mongolia living in poverty in 2020, of whom 64 per cent lived or are living in urban areas. However, in terms of the urban poverty rate, this was 26.5 per cent in 2020, whereas the rural poverty was higher at 30.5 per cent. Therefore, although the numbers of the poor are higher in urban areas, the rate of poverty is higher in rural areas, pointing to systemic issues with how the benefits of development have been distributed.
In 2022, the results of the People’s Scorecard Assessment carried out by the Mongolian CSOs Network on the SDGs found that there was significant regression on the goal to end poverty in all its forms everywhere.

The challenges and problems of rural areas in Mongolia, including high levels of poverty, poor infrastructure and the lack of jobs, need to be more fully addressed to advance women’s rights and Development Justice.


Achieve Gender Equality and Women’s Human Rights

Dem Ololt, a woman’s rights organisation and APWLD Womanifesto partner from Mongolia raised several issues on which rural, Indigenous, and nomadic herder women from Uvurkhangai aimag, demanded accountability.2

These issues ranged from gendered violence at the household level to the lack of women’s representation in local civic bodies. The demands of grassroots women in their Womanifesto3 brought together the demand for representation, along with prioritising needs of marginalised rural and Indigenous women. It also included the enactment and implementation of anti-discrimination laws to address gaps in Mongolia’s obligations made through international treaties such as CEDAW.

In their advocacy report, Dem Ololt expanded on some of these issues. It identified that women and girls – and women’s networks and rights organisations – had limited representation in electoral processes as well as in national COVID-19 policy spaces and decision-making.4 The voices, expertise and experiences of women, the report found, were not being fully incorporated into local and national health security surveillance, detection, and prevention mechanisms.

The Dem Ololt report also highlighted that extended quarantines and lockdowns in the country had also increased rates of domestic violence, which has been further intensified by anxiety around job losses.5


Promote Decent Work, Job Creation and Entrepreneurship

Mongolia faces significant challenges in relation to the promotion of decent work and job creation. This has driven the migration of many young people from Mongolia for economic opportunities, particularly to the Republic of Korea.6 As of June 2022, according to the Foreign Ministry of the Republic of Korea, 52,572 Mongolians live as permanent residents in Korea. Apart from inadequate opportunities for decent work, as we have seen above, gendered inequalities also persist in labour force participation rates, in the performance of unpaid work and in the rates of economic inactivity.

These concerns were reiterated by the results of the recent 2022 People’s Scorecard Assessment carried out by the Mongolian CSOs Network on the SDGs which also found that there was significant regression on the goal to promote decent job creation and entrepreneurship.


Reduce Inequalities of Wealth

There continues to be sustained inequalities in Mongolia. As data for 2021 shows:

The top one per cent of the population captured almost five times as much wealth as the bottom 50 per cent, with the former holding 24.3 per cent of total personal wealth, and the latter holding a mere 4.9 per cent. Similarly, in terms of income inequalities, the top one per cent of the population earned more than 50 per cent of the population, with earnings of the top one per cent constituting 16.1 per cent of total income earned and the bottom 50 per cent earning 14.9 per cent of total income.7 There are also gendered disparities in incomes with the labour income share of women constituting 35.8 per cent of total labour income in 2019.8

Dem Ololt, in its advocacy report, identifies one of the reasons for this sustained income inequality to be the inequalities between women and men within households, which is rooted in the gendered division of labour. Women spend 20 per cent of their day on unpaid care and domestic work compared to 9 per cent for men.

In terms of engendering accountability on reducing inequalities, the four targets of SDG10 on reducing inequalities are aimed at the reduction of domestic inequalities at the economic, social and political levels. However, according to the 2019 CSO Shadow VNR report, in Mongolia’s Sustainable Development Vision 2030, this goal is restricted to the ‘reduction of income inequality’ and pushing ‘80 per cent of the population into the middle and upper-middle income classes’. The report found that the targets of SDG10 were not comprehensively incorporated in the policies of Mongolia, neither were the indicators and methodologies to measure inequality defined. There was also limited knowledge about discriminatory policies and the implementation capacities and processes were weak.9


Build effective, accountable and inclusive institutions

The Dem Ololt advocacy report found that during the pandemic, the closure of public spaces, both literally and politically, had a negative impact on gender equality and women’s political and social empowerment. The restrictions on movement meant that civil society could not adequately perform its social accountability role which required mechanisms such as community meetings, social audits, demonstrations, and campaigns. Moreover, access to information was limited during the pandemic with particularly egregious effects on those rural communities where computer and internet connections were not readily available.10

For the 2019 CSO Shadow VNR report, several NGOs conducted an evaluation of SDG 16 on peace, justice and democracy.11 The evaluation found that despite the positive steps taken by Mongolia to ratify an independent law on information transparency and right to information, there remain many restrictions on the government and state organisations to disclose information to the public. In terms of both availability and quality of information, the state does not meet the necessary requirements of SDG16. Overall, Mongolia lacks an independent, special organisation in charge of the enforcement of the law on right to information. Government employees in charge of information have very limited knowledge about the law and no official training to understand the law. Absence of specific instructions on the right to information leads to a strong culture of governmental secrecy.


Conclusion

Thirty years from its transition to a market economy and a multi-party democracy, Mongolia faces many serious challenges in advancing the Sustainable Development Agenda. The substantive shifts from an economy traditionally based on nomadic pastoralism and agriculture to one reliant on extractive industries has not brought about the much-vaunted prosperity. Instead, the mining sector which is heavily reliant on foreign investment has only created a limited number of jobs. The sector has also caused large-scale land and resource grabbing, which have had serious impacts on women’s lives and livelihoods that are rooted in Mongolia’s pastoral economy, as well as their rights to a clean, healthy and sustainable environment.

Sustained inequalities and high levels of poverty are also urgent problems in Mongolia. Women’s representation in political life continues to be severely limited. In terms of women’s employment too, Mongolia faces significant challenges with persistent and widening gender gaps between male and female labour force participation rates. There are also significant gender gaps in the performance of unpaid work, while the economic inactivity rate of women has also remained high owing to their care responsibilities. The issue of gendered wage discrimination and gendered inequalities in relation to asset ownership, particularly for rural women, point to systemic biases rooted in patriarchal norms. GBV remains a pervasive issue at homes, workplaces and in public spaces.

Given these urgent issues, it is imperative that the state addresses and tackles the systemic barriers to advance women’s rights and Development Justice in Mongolia.12


References

  • 1 World Bank. (2021, 30 December). Mongolia’s 2020 Poverty Rate Estimated at 27.8%. https://www.worldbank.org/en/news/press-release/2021/12/30/mongolia-s-2020-poverty-rate-estimated-at-27-8-percent
  • 2 Dem Ololt. (n.d.). Womanifesto Advocacy for community and local women’s participation in decision making and democratic political process in Mongolia. Asia Pacific Forum on Women, Law and Development.
  • 3 A feminist manifesto that maps the key challenges and demands of indigenous women for their human rights.
  • 4 Dem Ololt. (n.d.). Womanifesto Advocacy for community and local women’s participation in decision making and democratic political process in Mongolia. Asia Pacific Forum on Women, Law and Development.
  • 5 Dem Ololt. (n.d.). Womanifesto Advocacy for community and local women’s participation in decision making and democratic political process in Mongolia. Asia Pacific Forum on Women, Law and Development.
  • 6 Ministry of Foreign Affairs, Republic of Korea. (n.d.). Mongolia. https://www.mofa.go.kr/eng/nation/m_4902/view.do?seq=19#:~:text=Number%20of%20Mongolians%20living%20in%20the%20ROK%20(2023.1.)%20%3A%2052%2C572
  • 7 World Inequality Database. (n.d.). Evolution of average income, Mongolia, 1950-2022. https://wid.world/country/mongolia/
  • 8 World Inequality Database. (n.d.). Evolution of average income, Mongolia, 1950-2022. https://wid.world/country/mongolia/
  • 9 Peoples’ Development Justice Report for Mongolia. (2019). Asia Pacific Forum on Women, Law and Development.
  • 10 Peoples’ Development Justice Report for Mongolia. (2019). Asia Pacific Forum on Women, Law and Development.
  • 11 Peoples’ Development Justice Report for Mongolia. (2019). Asia Pacific Forum on Women, Law and Development.
  • 12 The recommendations that follow are based on the those in the Peoples’ Development Justice Report for Mongolia (2019), Dem Ololt’s Womanifesto (undated), as well as the fact finding report by FORUM-ASIA and APLWD partner, CHRD (2023), ‘From Dreams to Dust: Examining the Impact of Mining on Herder Communities of Mongolia, available at https://forum-asia.org/wp-content/uploads/2023/04/From-Dreams-to-Dust_compressed.pdf
Accountability - Mongolia

Sustainable Development: Structures of Accountability

Last Updated:

In 2016, Mongolia signed and ratified the 2030 Agenda for Sustainable Development. In the same year, it adopted the Sustainable Development Vision (SDV) 2030, a national development strategy that enabled it to align its development plans with the SDGs. In May 2020, the parliament improved the legal environment for the implementation of the SDG agenda – it replaced the SDV 2030 with its Vision 2050, which enabled it to devise a new long-term, strategic policy document, replacing the SDV. Under the umbrella of Vision 2050, medium term planning documents, the Five-Year Development Guidelines for 2021–2025, the Government Action Programme for 2020–2024 and its implementation plan were also subsequently prepared and approved.1

In 2022, the government established the Ministry of Economy and Development (MED), which is the state administrative body in charge of national development policy and planning. With the establishment of the MED, the National Development Agency (NDA), which was the previous agency responsible for the compliance, planning and implementation of the SDGs with national policies and programmes, was dissolved. Now, the responsibility of incorporating the SDGs into the national development policy and planning, ensuring its implementation, evaluating and reporting on the implementation are the responsibility of the MED.2

There are other institutions that the government has set up or is in the process of setting up for localising the SDGs at the national level. Along with the MED, the Multi-stakeholder Council for Sustainable Development was established in 2022 to support the work of the already existing Subcommittee on Sustainable Development Goals and to expand multi-stakeholder cooperation and participation including that of development partners, the private sector, CSOs and academics. It is expected that a National Development Institute will also be established under the MED to support the development of national development policy and planning methodologies, conduct research and monitor and evaluate policy documents.3

Since its adoption of the Sustainable Development Agenda, Mongolia has submitted two Voluntary National Review (VNR) reports at the High Level Political Forum, the first in 2019 and the second in 2023.

The ‘SDGs and CSOs’ network that was set up prior to the first VNR has actively participated prior to both the VNRs to contribute to the preparations for the VNR process to ensure that CSO positions are reflected through the joint CSOs report and to ensure that these positions are reflected in the government report.

For Mongolia’s VNR in 2019, CSOs got involved in the process starting with the National consultation to define the scope of the VNR report at which they presented a joint report on the implementation of the SDGs. A representative of the ‘SDGs and CSO’ network was included in the National Working group to prepare the VNR report. CSOs were also involved in the provision of information to local communities to encourage public participation in this process and to ensure the compliance of local development policies and plans with SDGs.

For the recent VNR process, the network employed a People’s Scorecard Assessment on the implementation of the SDGs in 2022. The network also organised a national consultation to present the results to the relevant ministries and agencies. At the consultation, representatives from province and soum level administrative organisations and citizens highlighted both the lack of SDG awareness and actions to localise SDGs in the plans.


References

Case Study - Ulaanbadrakh Soum, Dornogovi, Mongolia

Nomadic herder communities fight for rights to their land

http://Nomadic%20herder%20communities%20fight%20for%20rights%20to%20their%20land
Last Updated: uploaded: 01/01/24

Mining companies have been taking over the lands of nomadic herder communities, who have been slowly losing their rights in the process. Mining activities have also affected the quality of their air, water, health and livelihoods.

Ulaanbadrakh is located in the eastern part of Dornogovi, with the soum just 60 kilometres from the China border, which makes its location strategic for exporting minerals. Currently, mining licences cover 8 per cent of the land. Badrakh Energy has three uranium mines in Dornogovi. The organisation is jointly owned by French company AREVA Mongol LLC that holds 66 per cent and Mon-Atom LLC, on behalf of the Government of Mongolia, which owns 34 per cent. The soum’s local / state development fund is dependent on the number of mining companies and the royalties paid to them, which puts them in a catch-22 situation: even though they continue to suffer negative consequences of mining, they are also dependent on the earnings for community infrastructure like roads, streetlights and wells.

Mining operations by this company have had significant health impacts on the local community.

  • Herders have experienced poor livestock health, with animals born with deformities such as two heads, three legs, one eye, contamination of organs and more. For some herders, the severity of poisoning led to the death of all infant livestock born in the spring season in 2021. This has resulted in a loss of income for herders.
  • Pregnant women shared stories of miscarriages among several women living in the same area, at the same time; one woman’s son was born with facial abnormalities; another woman lost her child at five months, and it was reported that her womb water had turned green.
  • The pollution of surface and underground water from the uranium mine has made it difficult for community members to find potable water for themselves and their livestock. One herder reported that the water in a 40 litre well needed to be emptied every two days or the water developed an odour when stagnant for longer than that. An expert evaluation by the Prime Minister’s Working Group showed that heavy metals in the water was three times higher than safe and acceptable levels. But there have been no-follow up actions.
  • Herders say desertification due to the combined effects of mining and climate change, has meant that plant species are now endangered, while strange new grass is growing that cannot be eaten by animals.

There have been many attempts by the community to engage with the mining company, and with relevant authorities on the issues outlined here, with little to no success.

The company’s standard response has been to ask them to prove that the impacts are directly caused by the mining, which is challenging for the community to show, considering their lack of awareness of the law, their limited financial means and access to independent laboratories for testing. The local community claim a lack of impartiality in investigations by relevant authorities, which instead attempt to lay the blame on community members themselves, and cases of deception and cover-up by the mining company. Community members have also repeatedly expressed their frustration at the lack of support from state officials and their continued exclusion from any discussions around mining activities in their community.

This makes it difficult to hold the mining companies legally accountable for their actions, while communities and Human Rights Defenders are being threatened into silence.

Source

Case Study - Bayandun soum, Dornod, Mongolia

No funds for poverty reduction in communities

http://funds-for-poverty-reduction-in-the-local-community
Last Updated: uploaded: 01/01/24

In Bayandun soum of Dornod province,1 a remote soum in the Eastern region and the site of Mongolia’s Peoples Development Report (PDR), the official poverty rate was 8.2 per cent in 2018, but according to the PDR study, the poverty rate was nearly double that of official reports at 16.2 per cent. Despite this context, apart from registering people below the poverty level and providing food stamps that entitled them to 10 varieties of food, the government had no specific measures or funds for poverty reduction in the local community. The only other measure in the action plan of the soum governor for 2016-2020 was a target to increase jobs. However, in terms of encouraging entrepreneurship, there was a requirement to produce collateral to obtain loans for small and medium enterprises.

Source

  • 1 Soums are a second level administrative subdivision of Mongolia. The 21 Provinces of Mongolia are divided into 331 soums.
Case Study - Uvurkhangai Aimag, Mongolia

Women under-represented in political decision-making processes

http://Women-underrepresented-political%20decision-making-processes
Last Updated: uploaded: 01/01/24

In Uvurkhangai Aimag, women represented more than 70 per cent of the health workforce and were at the frontline of caregiving during the COVID-19 pandemic. This placed them in a prime position to identify outbreak trends and responses at the local level, but they remained underrepresented in the political decision-making processes influencing pandemic management.1 Women from the Uvurkhangai Aimag community also shared their concerns about inadequate local and national media coverage of women political candidates and poor connection between elected women representatives and their women constituents.

Source

  • 1 Dem Ololt. (n.d.). Womanifesto Advocacy for community and local women’s participation in decision making and democratic political process in Mongolia. Asia Pacific Forum on Women, Law and Development.
Case Study - Dornod and Khentii provinces, Mongolia

Women battle limited employment and wage gaps

Last Updated: uploaded: 01/01/24

In Dornod and particularly so in the Khentii province, according to the Peoples’ Development Justice report, the employment rates for women were significantly lower than for men. There were also significant disparities in the average wages of men and women, which was less by 12 per cent in Dornod province and by 29.5 per cent in Khentii province in 2018. There was no legal framework that integrated the local policies and programmes in line with the SDGs in either province.

The Governor’s platform (2016-2020) incorporated several actions to support employment and create jobs. However, this was mainly limited to temporary jobs. The indicators developed to evaluate the effectiveness of measures were inadequate and failed the guidelines set by the government for policy implementation, monitoring and evaluation. In Dornod province, the government limited its activities to mediating temporary and seasonal jobs, instead of taking measures focused on the creation of jobs. In terms of funding too, in Khentii province, an analysis of the spending and evaluation reports of the small and medium enterprise support and Soum development funds, were not transparent.

Source

  • 1 Dem Ololt
Case Study - Dornod and Khentii provinces, Mongolia

Women battle limited employment and wage gaps

Last Updated: uploaded: 01/01/24

In Dornod and particularly so in the Khentii province, according to the Peoples’ Development Justice report, the employment rates for women were significantly lower than for men. There were also significant disparities in the average wages of men and women, which was less by 12 per cent in Dornod province and by 29.5 per cent in Khentii province in 2018. There was no legal framework that integrated the local policies and programmes in line with the SDGs in either province.

The Governor’s platform (2016-2020) incorporated several actions to support employment and create jobs. However, this was mainly limited to temporary jobs. The indicators developed to evaluate the effectiveness of measures were inadequate and failed the guidelines set by the government for policy implementation, monitoring and evaluation. In Dornod province, the government limited its activities to mediating temporary and seasonal jobs, instead of taking measures focused on the creation of jobs. In terms of funding too, in Khentii province, an analysis of the spending and evaluation reports of the small and medium enterprise support and Soum development funds, were not transparent.

Source

  • 1 Dem Ololt
Systemic Barriers in Achieving Women’s Human Rights and Development Justice - China

Finance, Trade, and Investment Agreements

Last Updated:

Since initiating its ‘Opening and Reform’ policy in the late 1970s, China has taken a series of measures to liberalise and privatise its economy over the years, including expanding exports enormously and absorbing significant amounts of Foreign Direct Investment (FDI).1 In 2001, China joined the World Trade Organisation (WTO), which fuelled an increase in Chinese exports and greater economic growth. From 2002 to 2007, net exports as a share of Gross Domestic Product (GDP) in China increased from 2.6 per cent to 7.7 per cent.2 Although vast international investment has enabled a wide range of jobs and consumer choices with real annual wages doubling from 2001 to 2006 across industries, there have also been other significant shifts in the economy. There has been a significant decrease in the percentage of workers employed in agriculture from 50 per cent in 2001 to 11.2 per cent in 2010.3 Moreover, economic growth has had detrimental impacts on natural resources and the environment. The last 40 years has also seen a worsening of inequalities pointing to systemic issues with the model of economic growth pursued by China.

Since the 1990s, China has also been party to 145 bilateral investment agreements, of which 110 are in force, with 35 agreements being either terminated or having never been in force.4 It is also party to 25 Free Trade Agreements (FTAs) of which 23 are in force.5 One of these FTAs is the Regional Comprehensive Economic Partnership (RCEP), understood to be the largest FTA in the world, signed with 14 other countries in 2020. Apart from FTAs and other investment agreements, a significant component of China’s trade and foreign policy is the Belt and Road Initiative (BRI) that it launched in 2013 through which China has been investing in about 70 countries. In the first half of 2021, China reached a trade volume of 535 million RMB with BRI countries.6

However, China’s trade policy has drawn criticism and retaliation from the US, European Union (EU) and other countries who also seek to gain economic ascendancy through trade in the region. Moreover,

“There have been concerns about the Belt and Road Initiative in terms of its neglect of the rule of law and human rights in partner countries, as well as the negative impacts on the environment, labour rights in local communities and the lack of gender responsiveness.”

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - China

Corporate Capture

Last Updated:

The number and size of Chinese companies are increasing vastly. In 2020, there were 22,000 new companies on average registered every day. In total, there were 140 million market entities in China in 2020.1 China also has had the largest number of Fortune 500 companies in the world since 2020, and in 2022, Fortune 500 firms continued to outnumber those from the US, 136 to 124. Moreover, China also had more firms on the list than Japan, Germany, France, and the United Kingdom (UK) combined.2 Despite this incredible growth in corporations, not all companies practise social responsibility. While the number of companies that publish their corporate social responsibility reports has increased from 739 in 2009 to 1,806 in 2020, this number is miniscule compared to the number of companies getting registered daily.3

China’s fast-paced economy has benefited greatly from low-paid labourers, the majority of whom are migrant workers. In 2021, there were 292 million migrant workers comprising more than one-third of the entire working population.4 Apart from being underpaid, these workers do not have access to the full benefits of residency including medical care, housing, pension or children’s education due to the ‘hukou’ (residence registration) system. As China does not allow for independent labour unions, they often have little leverage to claim their rights when violated.

“Women account for about 35.9 per cent of migrant workers, and they too suffer from discriminatory treatment and poor social services, as well as abduction and trafficking, sexual exploitation and violence, unmet-reproductive health needs, gender discrimination and more.4

Poor working conditions like long working hours are not only common for blue-collar workers, but also for white-collar workers in internet giants.

In terms of women’s employment, while China has one of the highest female labour force participation rates, at 61 per cent in 2021, there has been a consistent decline in labour force participation of women over the last 30 years.5 There are currently no gender quotas for women on boards or in senior management positions. China’s corporate governance code (Code of Corporate Governance for Listed Companies in China) does not mention gender as a desirable quality or background for board candidates.

Even so, there have been some positive changes in relation to corporate social responsibility in recent years. As part of the efforts to reach its climate goals, China has introduced and updated Environment, Social and Governance (ESG) guidelines that require companies to voluntarily disclose information around environmental protection, efforts on poverty alleviation, biodiversity and so on.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - China

Land and Resource Grabbing

Last Updated:

In China, the state claims ownership of all land and natural resources. Farmers are granted the right of usage of land by government sponsored ‘collective units’.

However, in the last two decades, there has been an increase in forced demolitions and evictions in the name of economic development and city planning.

Although there is a lack of systematic data on the numbers of people displaced by forced evictions, it is estimated that from the mid-1990s to mid-2000s, 40 million people were affected by land requisitions, and since 2005, surveys have shown a steady increase in the number of forced evictions in China, with local governments appropriating the land of approximately 4 million people annually.1 One of the consequences of this has been increased landlessness, with women making up a significant proportion of the landless caused by development projects.

Apart from forced demolitions and evictions, rural women in China, who make up 70 per cent of rural labour,2 are especially deprived of land rights due to patriarchal codes of conduct in rural areas. A survey conducted by the All-China Women’s Federation in 2018 found that fewer than 20 per cent of rural women are included on land certificates.3 Rural women and their children account for the majority of the landless population. According to a survey conducted on the status of Chinese women in 2011, 21 per cent of rural women have no land, an increase of 11.8 percentage points from the 2000 survey. Among them, 27.7 per cent of women lost land due to marriage changes (marriage, remarriage, divorce, and widowhood), while only 3.7 per cent of men lost land due to marriage changes.4

Rural women’s land rights face multiple threats from discriminatory systems, laws, policies, culture, and gendered norms. In the context of rural land, the ‘three rights separation’ legal policy,5 infringes the land rights of married women in the transfer of rural contracted land. It is mainly reflected in the damage to the transfer income of contracted land, the decision-making power of the mortgage of land management rights and the inheritance right of the transfer of income of contracted land.6

References

  • 1 Faure, A. (2015). Public International Law Debate Concerning Forced Evictions in China. [Paper Presented at the III Regional Conference on Social And Economic Human Rights, San Diego, March 15-16 2015]. Social Science Research Network. https://ssrn.com/abstract=2596007
  • 2 The State Council Information Office of the People’s Republic of China. (2015). China Gender Equality and Women's Development White Paper. The State Council of the People’s Republic of China. http://www.scio.gov.cn/zfbps/ndhf/2015/Document/1449896/1449896.htm
  • 3 Hu, J. (2019). Protect rural women’s land rights and interests in accordance with the law. People’s Court Daily. http://rmfyb.chinacourt.org/paper/html/2019-11/11/content_162069.htm?div=-1
  • 4 All-China Women’s Federation. (2011). Report on the Major Results of the Third Wave Survey on The Social Status of Women in China. National Bureau of Statistics of China. https://landwise-production.s3.us-west-2.amazonaws.com/2022/03/China_WomensFed_Third-Wave-Survey-Social-Status-Women_2011.pdf
  • 5 The ‘three rights’ are the ‘rural land collective ownership right, land contractual management, and the right to operate land. The 2014 ‘three rights separation policy’ enabled the enjoyment of these three rights by different subjects. Gong, M., Li, H. & Elahi, E. (2022). Three Rights Separation reform and its impact over farm’s productivity: A case study of China. Land Use Policy Volume 122. ScienceDirect. https://doi.org/10.1016/j.landusepol.2022.106393
  • 6 Han, W., Zhang, X. & Zhengfeng, Z. (2019). The role of land tenure security in promoting rural women’s empowerment: Empirical evidence from Rural China , Land Use Policy, 86, 280-289. ScienceDirect. https://doi.org/10.1016/j.landusepol.2019.05.001 ; Song, Y. & Dong, X. (2017). Domestic Violence and Women's Land Rights in Rural China: Findings from a National Survey in 2010, Routledge, The Journal of Development Studies, 53(9), 1471-1485. Taylor and Francis Online. https://doi.org/10.1080/00220388.2016.1257119
Systemic Barriers in Achieving Women’s Human Rights and Development Justice - China

Climate Crises

Last Updated:

The shift of global manufacturing to China has made the country more vulnerable to climate change and to climate-change induced disasters. China is currently the world’s largest emitter of Greenhouse Gases (GHGs), being responsible for one-thirds of the global emission of GHGs. However, it is not the main source of historical cumulative emissions and is surpassed by the United States, Russia and the Organisation for Economic Co-operation and Development (OECD) block of countries in global Carbon Dioxide emissions per capita, and by the OECD block of countries in total GHG emissions as well.1 Recent floods and droughts in several parts of the country that have devastated large parts of the country, affecting its poorest the worst, attest to the risks of extreme weather events that accompany climate change.2 A recent study by climate risk analysts has found that the country is home to 16 of the 20 global regions most vulnerable to climate change and Gross Domestic Climate Risk, calculated as the physical climate risk to the built environment.3

While climate change has enormous economic costs, the risk to lives and livelihoods from climate change are devastating. According to a recent study, 1.24 million deaths in 2017 were attributable to air pollution.4 Women are also more likely to face the worst impacts of climate change due to their disadvantaged socio-economic status. Moreover, women’s livelihoods are more likely to be detrimentally affected by climate change and disasters as they rely more on agricultural livelihoods and earn less than men.

In recent years, China is trying to make a bigger commitment to environmental protection. In 2021, it spent USD 266 billion on the deployment of low-carbon technologies, accounting for more than a third of the global total.5 This was preceded by the commitment to strengthen its climate targets, including the long-term targets of reaching a Carbon dioxide (CO2) emissions peak before 2030 and achieving carbon neutrality before 2060.6 However, the Climate Action Tracker’s analysis rates China’s overall action on climate change as ‘highly insufficient’,7 pointing to the mammoth nature of the task ahead. The challenges have been heightened by China’s post-COVID-19 recovery activities which remain carbon-intensive and require high energy demand from a system run primarily on fossil fuels.

“At the institutional level, there is little recognition of the impact of climate change on women and gender equality.”

In the Chinese Women’s Development Program (2011-2020 and 2021-2030) issued by China’s State Council,8 ‘Women and Environment’ is one of the seven major development areas to focus on. Improving water safety and number of latrines, encouraging women to participate in pollution reduction, improving the capacity of women to prevent and handle disasters and fulfilling special needs of women in disaster reduction are mentioned. However, there is no mention of climate change and no gender-disaggregated data in this area were collected or published in the official monitoring reports of the program.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - China

Militarism and Conflict

Last Updated:

China is a highly militarised country, and its defence spending has been growing significantly for 28 consecutive years.1 In 2022, China continued to be the world’s second largest military spender (behind the US), allocating an estimated $292 billion on defence spending, which constituted 5.7 per cent of its total budget.2 The total spending increase on defence was 4.2 per cent more than in 2021 and an astonishing 63 per cent more than in 2013.3 China also has the world’s largest army with 2 million active personnel in 2022. There are no official figures for the number of women in the Chinese military, but estimates suggest that women constitute about 4.5 per cent of personnel in the army, with most of them being employed in medical or art units.4

In recent years, China has been party to increasing military tensions with its neighbours. These include conflicts with India along the 2,100-mile disputed border in the Himalayas. A major clash in the Galwan valley in June 2020 resulted in over 20 deaths on the Indian side and four on the Chinese side, the worst confrontation between the two countries since 1975.5 The border continues to be on the boil, with the most recent flare up in December 2022.

China has also had long standing disputes in the South China Sea since the 1960s with Indonesia, Malaysia, the Philippines, Vietnam and Brunei. There have also been increasing tensions in the East China Sea with Japan with both sides accusing each other of infringing on each other’s maritime territory.6 China has given itself legal authority to address any infringements of its sovereignty at sea through a new Coast Guard Law in January 2021, which enables it to use weapons against foreign vessels. Another source of persistent geo-political tensions has been its dispute with Taiwan, which has been governed differently from mainland China since 1949. Mainland China has deployed missiles along the Taiwan Strait and continues to periodically conduct drills near the island. Army aircrafts from the mainland also frequently appear in Taiwan’s air defence zone, most recently in March 2023.7

Increasingly, China is showing off its military strength internationally. Even on diplomatic occasions, more and more ‘wolf warrior’ language is used instead of diplomatic rhetoric, including the response to foreign media and public opinion during the pandemic. Official attitudes, civil nationalism/statism and militarism reinforce and facilitate each other.

“Public opinion against neighbouring countries and ‘hostile forces’ has been hardening, and violence and attacks on pacifism and feminism are rampant. Feminists are often targeted as agents of hostile foreign forces with state power being used to shut down feminist social media.”

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - China

Patriarchal Authoritarian Governance

Last Updated:

Since his ascendancy to the Chinese Presidency, President Xi Jinping has highlighted the importance of ‘maintaining stability’ through centralised ‘political and legal work’ by firmly grasping the ‘knife handle’ which has been interpreted to mean the use of ‘strict and severe means’ to ‘solve problems’.1 In budgetary terms, this has meant an exponential increase in ‘public security’ spending over the years which is used to maintain public order. In a decade, this amount had more than doubled to reach a budget of 210 bn USD in 2020, seven per cent higher than the defend cost for the same year.2

There are many areas in which the Chinese government seeks to maintain social stability by using strict and severe means. In the arena of information control, censorship is pervasive and increasingly strict. Apart from the ‘great firewall’ to block out selected foreign websites, there has been an increase in cases of citizens being prosecuted for using Virtual Private Networks (VPN) to visit foreign websites or speech that is seen as disrespectful to the state. During the pandemic, the state levelled up its censorship strategy by investing enormous resources to shape online opinion by removing trending topics, blocking accounts and deleting ‘unwanted opinion’.3 Apart from censoring the news and social media, the state cracked down heavily on whistle-blowers and citizen journalists. Citizen journalist Zhang Zhan was sentenced to four years in prison for reporting on Wuhan’s lockdown through social media.4 Similarly, a woman user of the Chinese social media platform, Weibo, was sentenced to 6 months in prison for one widely shared post of stories about the Wuhan lockdown.5

“China already has the world’s largest surveillance network and from 2010 to 2019, government procurement orders for equipment related to surveillance increased by nearly 1,900 per cent.6, 7

During the pandemic, China expanded its surveillance and monitoring of citizens even further in the name of public health and safety, through tracking intelligence, facial recognition, big data and other technologies. These surveillance technologies were also used to track and intimidate protestors against China’s strict COVID-19 rules.8

China is also stepping up security measures and its control in regions Xinjiang, Tibet, Inner Mongolia and Hong Kong. In Xinjiang, the Chinese government has been accused of imprisoning more than one million ethnic minority people since 2017 and subjecting those not detained to intense surveillance, religious restrictions, forced labour, sexual assault and forced sterilisations.9 In Hong Kong, during the mass protests in 2019, over 10,000 mostly young people were detained and over 6,000 arrested. The protests have seen unprecedented participation by young women which has shattered existing gender norms and empowered a new generation of women activists. However, the protests have also been mired by Sexual and Gender-based Violence (SGBV) against young women by the police.10

In June 2020, China passed a national security law specific to Hong Kong to deal with ‘secession, foreign interference, terrorism and subversion against the central government’. Based on this law, over 100 activists, journalists, entrepreneurs and others had been arrested until March 2021, many of whom were women. Moreover, in the face of this increased state repression, since 2021, at least 50 Civil Society Organisations (CSOs) — including unions, churches, media groups and political parties — have disbanded.11

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - China

Patriarchy and Fundamentalism

Last Updated:

China has a long history of recognising formal equality, with the principle of equality between men and women written into China’s first Constitution in 1954. In 1990, China established the National Working Committee on Children and Women to organise and coordinate government organisations on gender equality and women’s development. In 1992, China issued its first specialised law on the protection of women, the Law on the Protection of Women’s Rights and Interests, with amendments in 2005 adding regulations on domestic violence and sexual harassment. Since 1995, the State Council has been issuing policies called the Programs for the Development of Chinese Women (1995-2000, 2001-2010, 2011-2020, 2021-2030) to set targets and provide guidelines for central and local governments to advance women’s human rights.

Despite these mechanisms and policies, China continues to be largely dominated by patriarchal structures and norms in political, economic and social life. Over the years, progress on closing gender gaps has not been significant, and in some areas, it has been worsening. In terms of political representation,

“no woman has ever been a member of China’s Politburo Standing Committee, the small group that has run the country for the last 70 years.”

China took a further step back in 2022 eliminating women even from the next level of power, with the latest politburo of 24-members being constituted solely by men.1 In the National Peoples’ Congress, currently there are 790 women, constituting 26.54 per cent of the total number of representatives. While this is higher than the regional average of 21.2 percent, this is much lower than the average in other regions such as the Americas or Europe at 34.9 and 31.1 per cent respectively.2

The rate of women’s participation in the labour force has shown a consistent decline from the 1990s, from a high of 73 per cent in 1990 to a low of 59 per cent in 2020 at the height of the pandemic.3 While the labour force participation rates have marginally improved to pre-pandemic levels to 61 per cent in 2021, the relatively low labour force participation rates of women point to systemic issues. According to the results of the fourth survey on the social status of women in China, women spend twice as much time than men on household chores,4 drawing attention to deep-seated patriarchal norms on the roles of women. Leaders of the party-state also promote conservative gender norms, as does the media which often emphasises women’s subordinate roles. There are even ‘female virtue’ classes to train women to internalise patriarchal ethics and norms in the name of traditional culture or Confucianism.

Gender equality and women’s human rights are largely not prioritised by the government in practice. Women and girls are still directly or indirectly discriminated against by law, policies and political, economic and social culture. Cases of violation of women’s rights, particularly Gender-Based Violence (GBV) are often inadequately handled by the judiciary and administration, with women crying out for changes to the status quo.

References

International Treaties/Conventions - China

What has China
Committed to?

List of international treaties/conventions that China is signatory to:1
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • Universal Declaration of Human Rights (UDHR)
  • Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
    July 1980
    Nov 1980
  • International Convention on the Elimination of All Forms of Racial Discrimination
    Dec 1981 (a)
  • Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
    Dec 1986
    Oct 1988
  • International Labour Organisation (ILO) Equal Remuneration Convention
    Nov 1990
  • International Covenant on Economic, Social and Cultural Rights
    Oct 1997
    Mar 2001
  • International Covenant on Civil and Political Rights
    Oct 1998
  • ILO Convention Concerning Discrimination in Respect of Employment and Occupation
    Jan 2006
  • Convention on the Rights of the Child (CRC)
    Aug 2001
    Feb 2008
  • Optional Protocol on the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
    Sep 2000
    Dec 2002
  • Convention on the Rights of Persons with Disabilities
    Mar 2007
    Aug 2008
  • Forced Labour Convention
    Aug 2022
  • Abolition of Forced Labour Convention
    Aug 2022
Last Updated: 04/09/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - China

Priority Issues & Recommendations

Developed by: Beijing-SDG 5 Facilitating Group, China
recommendations for china
Last Updated:

General Recommendations

  • Generate and publish disaggregated data

    The government should develop a concrete plan to generate and publish more data disaggregated by sex, age, and region, given the lack of data on SDGs.

  • Include wider stakeholders in sustainable development.

    The government should take concrete steps to include all stakeholders - the private sector and civil society - especially women and youth and those most affected by development challenges in the country – from innovation to implementation of sustainable development, and to ease existing inequalities.

  • Ensure civil participation in the monitoring and implementation of Agenda 2030, including women.

    The government should establish a mechanism for civil participation in the monitoring and implementation of Agenda 2030 that includes the participation of independent women’s groups at all levels. Besides the Women's Federation and semi-governmental organisations, this should include independent women’s groups from and for disadvantaged women, such as women living in remote areas, migrant women, women with disabilities and women living with HIV and AIDs.

  • Ensure transparency on the SDG implementation mechanism.

    The government should increase the transparency of the implementation mechanism of the Sustainable Development Agenda 2030. It should also monitor and share information on the status of each goal with more data and concrete information.

  • Integrate targets on gender equality inti all SDG plans and practices.

    Goals, targets, and indicators related to women’s empowerment and gender equality should be integrated into all plans and practices of all SDG experimental zones established by China.


Specific recommendations on addressing Gender-Based Violence

  • Enhance state responses to GBV.

    The government should take concrete steps to enhance responses to GBV, to prevent exploitation, trafficking and all forms of violence and torture and promote an equal, peaceful and inclusive society.

  • Examine, update and strengthen laws on GBV.

    In line with CEDAW, Beijing Platform for Action and the SDG indicator system, the government should examine and update laws and strengthen the implementation of laws. Particularly, it should:

    • Specify the definition of ‘discrimination against women’.
    • Modify domestic violence law and criminal law in line with General Recommendation No. 35 on GBV and the updated General Recommendation No. 19.
    • Train judicial and law enforcement professionals to better protect women’s rights.
  • Eliminate all forms of violence against women.

    The government should aim to eliminate all forms of violence against women, not only domestic violence. Specifically:

    • Follow the recommendation of the United Nations on issuing legislation to stop harmful practices such as bride price and forced marriage.
    • Sign and ratify ILO Convention No. 190 on violence and harassment.
    • Contextualise indicators and strengthen measures especially those related to the elimination of all forms of violence against women and girls. This includes: targets and means under SDG 5 such as 5.2, 5.3, 5.6,5.a,5.b,5.c, as well as those under the targets of health (such as 3.4, 3.7), education (4.7, 4.a), economic growth and decent labour (8.7,8.8), cities and communities (11.7), as well as peace, justice and strong institutions (16.1,16.2, 16.3, 16.6, 16.7, 16.a, 16.b).

Specific Recommendations on the COVID-19 recovery strategy

  • Centre the impacts of COVID-19 on women and LGBTQIA+ communities in every recovery strategy.

    The government should take urgent action to:

    • Increase the number of women in parliament to 20 per cent.
    • The government should review its gender-blind or gender-biased policy by reviewing the numbers and proportion of women impacted by COVID-19
  • Recognise women's roles in combatting the pandemic.

    Given women’s lead roles in urgent response on several fronts to combat the pandemic and keep cities functioning, the government and state-run media should recognise their contribution.

  • Protect women human rights defenders.

    The government should make every effort to protect women human rights defenders, especially in the face of the many crackdowns they have faced for protesting the country’s harsh zero-COVID-19 policy.


References

Accountability - China

Women's Rights Groups Demand Accountability

Based on the specific challenges and problems faced by women and LGBTQIA+ communities in China, women’s rights’ organisations have demanded accountability from the government by highlighting several concerns.
accountability for china
Last Updated:

Eliminating Gender Based Violence (GBV)

GBV continues to be a pervasive problem in China pointing to deep-seated patriarchal norms. In 2020, despite improvements from previous records, the sex ratio at birth continued to be skewed, with 111.3 boys born for every 100 girls.1 In terms of data on other forms of Violence Against Women (VAW), the data is limited, patchy and dated. Even so, according to a survey conducted by the All-China Women’s Federation and the National Bureau of Statistics in 2011, 24.7 per cent of married Chinese women had suffered some form of domestic violence from their husbands.2 According to another survey conducted on child sexual abuse, it was found that 95.65 per cent of victims of child rape were girls, and 70 per cent of the perpetrators were acquaintances.3 A study on sexual harassment at the workplace found that 65 per cent of women had experienced sexual harassment.4 In recent years, GBV against LGBTQIA+ groups have started to become more visible, with an online survey conducted in 2020 of 10,000 people finding that 27.35 per cent of cisgender women as well as non-normative gender groups experienced various forms of domestic violence, sexual harassment and sexual assault.5

China’s journey on GBV, including state responses to GBV has been analysed in terms of three phases.6 In the first phase between mid-1990s to 2005, the concepts of Violence Against Women (VAW) and GBV started taking root, with the inclusion of anti-domestic violence provisions in the Marriage Law in 2001 and anti-sexual harassment provisions in an amendment to the Law of the People’s Republic of China on Protection of Rights and Interests of Women in 2005. In the second phase, between 2006-2015, the non-governmental sector became more diverse and active, and the government paid more attention to the different forms of GBV by introducing more laws and policies against GBV including the adoption of the Anti-Domestic Violence Law of the People’s Republic of China in 2015, as well as by focusing on risk mitigation, prevention and service provision. Since then, in the third phase, the state has continued to introduce laws and policy measures, including on the prevention of sexual harassment in the National Human Rights Action Plan (2016-2020) and the implementation of laws and policies has become a new focus.

Despite the above improvements, efforts to achieve the SDGs on elimination of VAW, namely targets 5.2 (eliminate all forms of violence against all women and girls in public and private spheres) and 5.3 (eliminate all harmful practices, such as child, early and forced marriage), continue to be limited.

  • The information and data on GBV is scarce and incomplete, and where available the statistics are too few and fragmented and are often not gender disaggregated. There is also no data on annual numbers reported to police, or of those prosecuted and convicted by the court.
  • The Anti-Domestic Violence Law uses primarily gender-neutral language, does not explicitly list all major types of violence and lacks mandatory punishment and corrective measures for violence.
  • While the inclusion of sexual harassment provisions in the Civil Code with effect from January 2021 was considered a welcome move, the definition of sexual harassment sets a higher criminal standard of ‘against the will’ rather than the internationally recognised ‘unwelcome’. In terms of liability, the law does not sufficiently delineate the responsibilities and measures that are required to be taken by employers to which liability is attached.
  • The process of reporting GBV continues to be unfriendly towards women, without adequate standards, procedures, and tools such as rape kits, often leading to their re-victimisation. The decreasing number of rape cases attest to these difficulties. The police hotline is also sometimes ineffective. The police hotline 110 has been found to shirk its duties with instances of inadequate follow-up action.
  • Domestic violence survivors face several hurdles in securing justice in court, with women facing difficulties in the filing, reviewing and issuing protection orders.
  • The services for survivors of GBV are still inadequate. Many government shelter facilities remain unused and inaccessible to women with residential and emergent financial needs.
  • On SDG 5.3, while the law prohibits bride price, the judicial practice of repayment in bride price disputes has inadequately addressed the sexual exploitation of women, instead reinforcing established gender norms.
  • There is limited space for civil society, which hinders the quality and quantity of services on GBV.
  • An online survey found that women and gender non-conforming communities do not think that the existing laws are effective in prohibiting GBV.7 Marginalised groups such as women living with HIV/AIDs, migrant women and gender non-conforming communities were the least informed of services available on GBV. Moreover, despite the high percentage of women, LGBTQIA+ communities and disability groups suffering from GBV, the legal consequences for perpetrators remain unclear and state accountability remains inadequate.

Combating the Gendered Impacts of COVID-19

The pandemic had significant gendered impacts. The basic reproductive rights of women and their needs for hygiene products were often neglected, including for critical frontline women healthcare workers.8 The pandemic also increased women’s burdens of parenting, even as it worsened their working conditions, with some local authorities publicly requesting women employees to stay home and take care of children during school closures.9

“According to media reports, domestic violence nearly doubled during the peak of the pandemic in the beginning of 2020.10 Based on civil society reports, 27.35 per cent ciswomen and gender non-conforming individuals surveyed reported experiencing violence or assault during the pandemic.11

Women also played a big role in combating COVID-19 as medical professionals, service providers, volunteers, community workers and caregivers.12 They formed the backbone of community workers that were key to maintaining the society during the lockdown. Women took the lead in urgent responses to COVID-19 such as advocating the extension of the Spring Festival Holiday to reduce the possibility of virus transmission; fundraising, donating, and transporting masks and other medical devices; and sending sanitation materials such as napkins to female medical professionals. They also kept cities going by offering free rides for pregnant women to the hospital, basic services to communities and other forms of volunteer work that people needed when local governments failed to provide public service.

However, women’s contributions were under-reported by the news media in China and not recognised nor acknowledged by the authorities in China. Almost no COVID-19-related news challenged gender stereotypes or highlighted gender issues, according to findings of Global Media Monitor Project.13 Moreover, there is no evidence that the government recognised the problem of surging GBV during the pandemic and the difficulties for survivors to seek help.

Even though China invested vast resources including human resources to control the spread of the pandemic, contain the number of cases and vaccinate a vast number of its population, the recovery process was slow, with significant rise in unemployment and the closure of thousands of Chinese firms. Until recently, China continued to stick to its ‘zero strategy’ trying to eliminate COVID-19 cases within its borders using lockdowns, surveillance and tracking, vaccines and massive testing.

The strict measures and strong government control however, affected people’s lives and livelihoods sometimes leading to devastation and tragedy. According to a survey conducted by a women’s group in October 2020, since the COVID-19 pandemic, over 54 per cent of 10,511 ciswomen and gender nonconforming survey participants saw reductions in their individual or family income.14 Moreover, 37 – 58 per cent of women in different age groups had to increase their unpaid housework time.15

Further, in the wake of the ‘White Paper Protests’ against the country’s harsh zero-COVID strategy, at the end of November 2022, many advocates of women’s rights and LGBTQIA+ rights faced stricter crackdowns in major cities across China including Nanjing, Shanghai, Guangzhou, Beijing, Chengdu and others.16 Over 100 people were detained and at least several women were later arrested although the state party lifted its Zero-COVID policy soon after the protests.17,18 Even after being released, many of them were forced to leave the capital city, Beijing; they lost their jobs, have no stable residence, and cannot contact their friends free from fear.


Conclusion

The Peoples’ Republic of China has seen extensive socio-economic changes over the last 30 years since it accelerated its economic reforms upon joining the WTO.

“Even as it has become one of the world’s largest economies, the vast wealth and economic growth that the country has seen has not benefited everyone equally.”

Inequalities of wealth and income have worsened significantly over this period. Moreover, progress on closing gender gaps has been far from adequate, with areas such as women’s labour force participation rates seeing consistent declines, pointing to systemic issues with economic policies. Even as China has benefited greatly from millions of low-paid, migrant workers, these migrants, of whom a significant proportion are women, continue to be underpaid and have inadequate access to social security benefits. Moreover, millions of people have suffered forced evictions and displacement in the name of development. In terms of the climate crisis, China’s vast manufacturing sector that has been the engine of its growth also significantly contributes to GHGs and climate change-induced disasters, which are particularly devastating for women who are dependent on natural resources for their livelihoods.

Development Justice demands a comprehensive approach to achieve SDGs and a systemic change with gender justice in all aspects. While China has made significant strides in poverty alleviation and has taken several significant steps in its climate justice commitments, these measures are inadequate for meeting its SDGs. Moreover, on issues of GBV, there is much that still needs to be done for China to make progress towards achieving the SDGs.


References

Accountability - China

Sustainable Development: Structures of Accountability

Last Updated: 04/09/24

In October 2016, a few months after the 2030 Sustainable Development Agenda came into force, China released its national plan for implementing the Sustainable Development Goals (SDGs), which translated each target of the SDGs into ‘action plans’ for the country.1 The Ministry of Foreign Affairs has been taking the lead in publishing the official documents around 2030 Agenda, and it has released three implementation progress reports in 2017, 2019 and 2021. In its Voluntary National Review (VNR) report of 2021, the government noted that China was amongst the first countries to ‘establish an inter-ministerial mechanism to ensure implementation of the 2030 Agenda through coordination among 45 ministries’.2 It further elaborated that relevant ministries were lead agencies for each of the 17 SDGs and their 169 targets, with local governments assuming the main responsibility of implementation, thereby forming an effective structure comprising the central, local and primary levels.3

However, as the Peoples’ Development Justice report for China highlights, it is not clear how the coordination mechanism works and what the divisions of responsibilities are. For example, while China’s Bureau of Forestry issued an action plan for implementing the SDGs in the forestry field, but most other departments and local governments do not publish their own action plans of implementation or review reports. In some fields, although the national government has issued more specific plans, for example on health, the targets and focus areas are not well matched with SDG targets and indicators.

Accountability on Women’s Human Rights and Gender Equality

The content and information in the action plans are fragmented, not revealing the situation and the progress (or lack thereof), especially in relation to women’s empowerment and gender equality. To illustrate, until 2020, China had issued more than 100 laws and policies on women’s rights and gender equality. It also launched projects to establish a gender evaluation mechanism for laws and policies across 31 out of 34 total provinces. However, in the action plan published by the Ministry of Foreign Affairs, many indicators are missing for achieving targets, and there is no follow up in this regard in later reports.

There is also a lack of comprehensive data and evidence on the context as well as gaps in achieving women’s rights. Measures related to Goal 5 are too general to measure the distance to targets. Other than Goal 5, there is also a lack of perspective on women’s empowerment and gender equality amongst targets under other Goals (apart from Goal 5). For example, 72 per cent of measures listed in China’s ‘National Plan for Implementing the 2030 Agenda for Sustainable Development’ to reach the related targets, fail to mention women and gender.

In September 2021, the National Program for Women’s Development (2021-2030) and the National Program for Child Development (2021-2030) were released. Although the SDGs, along with its main targets and measures, as well as related international conventions have been mentioned, the programmes fail to incorporate key indicators of the SDGs.

Civil Society Participation

In terms of engendering accountability on the Sustainable Development Agenda, civil society in China have made significant contributions. They have promoted and publicised the SDGs, provided services and have conducted research and monitored the implementation of the SDGs. However, there is very little official space and a low level of recognition for civil society movements in the country. In the official reports of the implementation of SDGs by China from 2016 to 2021, it is hard to find any mention of the role of CSOs, except for Women’s Federation and other party-state sponsored mass organisations in the areas of environmental protection, poverty alleviation, women’s rights, rural education and so on.

In its 2021 VNR report, China noted that it encourages charitable organisations, foundations, societies and other social organisations to participate in the implementation of the 2030 Agenda. However, grassroots groups, non-governmental organisations and individual advocates and activists face crucial surveillance and sometimes suppression.


References

Case Study - Feng County, Eastern Jiangsu province, China

Human trafficking of women in China

http://human-trafficking-women-china
Last Updated:

The human trafficking of women, often for forced marriage, continues to be a serious problem in parts of China. A recent case of a woman found chained in a shed in Feng County, Eastern Jiangsu province – while underreported in mainstream media, was widely reported on by citizens online, causing public outrage. Many of these social media posts were eventually censored within the country, with contradictory official accounts of what happened to the woman in the reports but initially denying that she was trafficked. These official accounts variably claimed violent fits, mental illness, that the woman was adopted and then married into the family she was found in, that she went missing years ago after her mother sought medical treatment for her in a distant village. A final statement claimed arrest of the husband and others for suspected trafficking.

This case highlighted other disturbing accounts from similar villages of women being routinely trafficked, abused, and forced to marry local men – a supposedly common and unquestioned practice. Activists point to decades of China’s one-child policy causing skewed gender ratios of men to women as parents favour boys over girls and exacerbating the practice of men buying trafficked women from remote areas and provinces as well as from other Southeast Asian countries. The underlying reason for the practice is gender inequalities, where women are seen as property and objects that can be traded.

China has prohibited human trafficking, with traffickers facing sentences of a minimum of a five-year prison sentence to a maximum of the death penalty based on the case. But purchasing trafficked people was only made a criminal offence in 1997, reportedly with loopholes allowing people to avoid prosecution until 2015. However, purchasers face only a maximum of a three-year prison sentence – a relatively light punishment for this crime and less than the sentence for purchasing an endangered animal.

Source

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Finance, Trade and Investment Agreements

Last Updated: 23/04/24

Vanuatu became a member of the World Trade Organisation (WTO) in 2012 and, as per the Vanuatu National Statistics Office’s September 2022 report, is part of the Melanesian Free Trade Agreement (MFTA) with four other nations.1 This agreement aims for economic integration within the Melanesian Spearhead Group (MSG). The 2018 WTO Trade Policy Review revealed that Vanuatu offers at least Most-Favoured Nation (MFN) treatment to all trading counterparts.2 It participates in multiple regional pacts, including the MSG Trade Agreement, Pacific Island Countries Trade Agreement (PICTA), and the Pacific Agreement on Closer Economic Relations Plus (PACER Plus). These agreements facilitate preferential trade with South Pacific countries. Vanuatu enjoys non-reciprocal trade benefits, such as the Generalised System of Preferences from certain WTO members. Moreover, under the South Pacific Regional Trade and Economic Cooperation Agreement (SPARTECA) and the EU’s Everything but Arms initiative, Vanuatu’s exports receive duty-free and quota-free access to markets in Australia, New Zealand, and the European Union.

In Vanuatu, a significant transparency deficit exists, particularly in trade-related decision-making processes. Women, despite being vital stakeholders, rarely participate in the framing and deliberation of trade agreements, an exclusion that can lead to unanticipated gendered impacts. The PACER Plus is a case in point. This agreement, aimed at enhancing economic integration with Australia and New Zealand, carries with it potential repercussions for Vanuatu’s labour dynamics. Given the country’s economic challenges, many of its citizens seek opportunities abroad, leveraging preferential labour mobility agreements, especially those provided by countries like Australia and New Zealand. With PACER Plus in play, the patterns of such international migrations from Vanuatu might undergo significant shifts. Furthermore, the ramifications of PACER Plus on labour movements in Vanuatu, particularly in light of the prevailing lack of transparency and gender inclusivity in trade negotiations, are of concern.3

Vanuatu’s public sector debt stood at 51.5 per cent of its GDP at the end of 2020, maintaining stability since 2018.4 While the International Monetary Fund (IMF) classifies Vanuatu at a moderate risk of debt distress, the nation has minimal buffer to handle economic shocks. The tourism-dependent economy of Vanuatu suffered a blow from the COVID-19 pandemic, leading to an economic downturn. Starting in 2020, there was a corresponding increase in public expenditure to mitigate the impacts of both the COVID-19 pandemic and climate change. By 2022, its debt-to-GDP ratio – a widely-used metric – reached 46.6 per cent and is projected to climb to 75.1 per cent5 Rising debt levels, persistent trade deficits, and the escalating climate crisis strain the government’s capacity to fund essential public services. This might drive the adoption of austerity measures, potentially hampering the region’s economic rebound. Concurrently, the region has seen a surge in prices, especially for essential goods, due to the pandemic-induced supply chain disruptions and the Russia-Ukraine conflict.6 Notably, Vanuatu ranks among the nations most indebted to China, with nearly half its external debt owed to Beijing, representing just over 13 per cent of its GDP. This poses concerns over increased vulnerability to Beijing’s diplomatic influence and the challenges of unsustainable debt loads.7

As witnessed globally, the government’s diminished capacity to support public services places a disproportionate burden on women. Reduced state care services led to an uptick in women’s unpaid care work, restricting their time for paid roles, political activities, and leisure while impacting their health. Additionally, as household managers, women grapple with the challenges of escalating costs against dwindling incomes.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Poverty

Last Updated: 07/05/24

Although the levels of the consumption-based poverty1 in Vanuatu can be considered low, with a national average rate of 15.9 per cent,2 Vanuatu has historically faced challenges related to poverty. Despite its rich cultural heritage and abundant natural resources, factors like geographic isolation, vulnerability to natural disasters, and limited infrastructure have constrained its socio-economic development. A significant portion of the population relies on subsistence farming, which is often threatened by extreme weather events, including cyclones and volcanic eruptions. Tourism, a major source of revenue for the country, can be volatile due to external factors, making it an unreliable source of income for many. 

In areas around North Malekula, Maewo, Pentecost, and Tanna, poverty rates appear to be substantially higher than the national average, while the lowest rates are observed in prime agricultural regions such as Santo, and parts of Ambae and Ambrym.3 Despite efforts from both the national government and international partners to mitigate poverty, develop infrastructure, and diversify the economy, a significant portion of Vanuatu’s population continues to struggle with fundamental necessities. Many face challenges accessing quality education, health services, and consistent employment. The poverty headcount ratio stood at 38.7 per cent in 2022, using a threshold of USD 3.20.4

The 2010 Household Income and Expenditure Survey highlighted an average household weekly expenditure of 17,576 Vatu5 (VT).6 The lowest expenditure quintile averaged 7,259 VT, in contrast to the highest quintile’s 33,577 VT.7 Recognising the financial challenges faced by many households, the government increased the minimum wage from 170 VT (approximately USD 1.70) in 2018 to 200 VT (approximately USD 2). By 2023, this had risen to 220 VT8 and a recent announcement in June 2023 confirmed a further hike to 300 VT.9 Nonetheless, even this augmented figure falls short of covering household expenditures, particularly impacting low-income earners.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Land and resource grabbing

Last Updated: 07/05/24

In Vanuatu, freehold land is non-existent. All urban territories are public, and all rural areas are governed by custom land practices, with ownership vested in local chiefs and family leaders.1 The 2020 Census indicated that 73 per cent of private households operate under customary land tenure agreements. Despite the absence of overtly discriminatory laws concerning land access or ownership, Kastam or indigenous traditions strongly favour patrilineal inheritance, causing women to seldom possess registered leases or sub-leases. This gender-biased custom means that a minority of households are led by women, while men predominantly have primary land rights. These traditional norms also discourage or inhibit women from being active participants in land management and tenure decisions. The National Sustainable Development Plan Baseline Survey disclosed that male-headed households predominantly have access to customary land compared to female-led ones.2 Although the Vanuatu Land Registry does not maintain sex-disaggregated land lease data, in 2015, the Land Management and Planning Committee Chair noted that women constituted 30 per cent of Ni-Vanuatu lease applicants. While the exact data from the 2020 Census regarding the percentage of women-headed households is not available, the 2016 Mini Census recorded that women helmed 17.5 per cent of households in Vanuatu.3

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Militarism and Conflict

Last Updated: 07/05/24

Vanuatu lacks formal military forces. Instead, its security apparatus consists of the Vanuatu Police Force, which encompasses the Vanuatu Mobile Force (VMF) and the Police Maritime Wing. The paramilitary VMF is vested with external security duties. Despite its vast cultural diversity, Vanuatu has maintained a consistent record of peace and democratic governance. The nation has avoided civil or major tribal conflicts, with only sporadic domestic land disputes occurring. Consequently, there has been no substantial military expenditure.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Patriarchy

Last Updated: 07/05/24

Vanuatu’s Constitution, established in 1980, guarantees the fundamental rights and freedoms of every individual, regardless of place of origin, religious or traditional belief, political opinions, language or sex.1 However, it also respects the preservation of customary law practices, which can, at times, contradict gender equality, especially in matters of customary land, as aforementioned.2 Kastom, or indigenous practices, though varied, often express patriarchal values ingrained through historical religious and colonial influences.3 To illustrate, despite the legal age for marriage being set at 21 for both genders, with parental consent, girls can marry at 16 and boys at 18. Kastom in some areas advises that girls are fit for marriage and intimacy post-menstruation, leading to early marriages. According to statistics collected by the international initiative Girls Not Brides between 2012 and 2018, 21 per cent of women were married by age 18 and three percent were married under the age of 15.4

Another customary practice reinforcing gender inequality is the ’bride price,’ where the groom or his family pays the bride’s family for her hand in marriage. A 2011 study revealed that 53 per cent of Vanuatu women felt they became a man’s property if a bride price was paid. This not only perpetuates the view of women as property, but can indirectly sanction marital violence and discourage women from leaving abusive relationships.5

Gender inequality in Vanuatu is further highlighted by women’s underrepresentation in leadership roles, disparities in education, employment opportunities, and health outcomes.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Women in leadership roles

Last Updated: 07/05/24

Traditional beliefs and customs uphold male dominance and customary family roles, which act as barriers to women’s full participation in political life, even in the absence of legal limitations. There is only one female representative in Vanuatu’s 52-member parliament.1 Since independence in 1980, Vanuatu has had only five female members of parliament.2 Despite an increase in female candidates from eight in 2016 to 18 in the 2020 elections, gender representation remains starkly imbalanced. Reasons cited by senior female political figures include the lack of financial resources for women to compete effectively. Local women’s rights groups have advocated for ‘affirmative action measures’ to bolster female representation. Yet no Temporary Special Measures are currently in effect.3

Efforts to address this disparity were evident when, in 2011, the Vanuatu Department of Women’s Affairs proposed reserving seats for women in Municipal Councils. This culminated in the Municipalities Amendment Act of 2013, introducing a quota for women in local elections. As a result, the 2018-2021 elections saw 11 female municipal councilors (25.6 per cent) and seven provincial female councilors (7.1 per cent) elected. No female mayors were chosen, but some attained deputy mayor positions. Nevertheless, the 2020 general elections witnessed over 15 female candidates, but none secured a victory.4

The public sector has seen a gradual rise in women in leadership. In 2019, of seven Director Generals, two were women, and eight Directors of 43 government departments were women. The progression is evident but remains limited in scope.5

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Women and education

Last Updated: 07/05/24

In the 2020 Census,1 women represented 48.7 per cent of those over the age of three currently attending schools in Vanuatu. Primary school Net Enrolment Rates (NER) showed slight gender parity at 95.8 per cent for boys and 94.9 per cent for girls. However, secondary school enrolment favours girls at 49.9 per cent compared to boys at 42.8 per cent. Alarmingly, there has been a significant dropout rate for girls at the secondary level, with 50 per cent leaving school between Grades 7 and 11. The lack of protection for pregnant students exacerbates this as no legislation facilitates their re-enrolment post-childbirth. The 2016 Global School-based Student Health Survey highlighted another concern: 50 per cent of girls aged 13-17 had skipped classes or school in the past month.

Education in Vanuatu presents challenges beyond gender disparities. While the National Sector Development Plan2 emphasises the right to education, primary and secondary schooling isn’t compulsory or free. Indirect expenses, like transportation, add to the burden. Often, in such settings, boys are prioritised for education over girls due to societal norms and economic constraints.3

Furthermore, the educational environment in Vanuatu is not always safe. Incidents of school violence, including corporal punishment by teachers, are not uncommon. Even more concerning are reported cases of sexual violence involving both male educators and students. Research has shown a glaring deficiency in addressing these serious issues within the system, with schools lacking proper protocols to address and handle cases of sexual violence. This further perpetuates the vulnerabilities of female students.4

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Women and employment

Last Updated: 07/05/24

In the 2020 census,the Labour Force Participation Rate (LFPR) for women was 42.1 per cent, compared to 51.5 per cent for men aged 15 and above.1 This is a significant dip from the 2009 census, which recorded a LFPR of 80.4 per cent for men and 61.4 per cent for women, with reasons given being that the 2020 census took place during the COVID-19 pandemic, when many people were driven out of the labour force.2 Urban women participated more at 47.2 per cent, versus 40.4 per cent in rural areas. The 2019-2020 National Sustainable Development Plan (NSDP) Baseline Survey reported an unemployment rate of 9.4 per cent for women and 6.7 per cent for men, culminating in an overall 7.9 per cent.3 Youth unemployment stood at 20.1 percent for young women and 16.1 per cent for young men aged 15-24.

Participation in informal employment is similar for women and men with 68.7% of women and 65.5 per cent of men involved in informal employment as per the 2020 census. Of the female labour force, 13.4 per cent worked for the government and 21 per cent in the private sector in 2020, versus 12.9 per cent and 28.3 per cent for men respectively. A slightly higher percentage of men (4.6 per cent) compared to women (3.5 per cent) were employers.4

A significant gender disparity is evident in unpaid work. While 54.4 per cent of men were unpaid family workers, a notable 67.9 per cent of women were unpaid household workers. Moreover, 45.5 per cent of women’s primary activity was household care, while 50.2 per cent of men focused on paid or volunteer work. In terms of industry, both genders predominantly engaged in agriculture, forestry, and fishing. Notably, women outnumbered men in clerical, professional, and service roles. The COVID-19 pandemic severely impacted Vanuatu’s economy, particularly sectors like tourism where woVanuatu, an International Labour Organization (ILO) member since 2003, has ratified key ILO conventions, including the C100 Equal Remuneration Convention 1951 and C111 Discrimination (Employment and Occupation) Convention 1958. However, it has not ratified the ILO C183 Maternity Protection or C190 Violence and Harassment Conventions. Currently, there are specific laws against sexual harassment at the workplace in Vanuatu. A 2022 survey of 62 girls and women in Port Vila and surrounding areas found that 66 per cent had experienced sexual harassment at their workplace; 79 per cent of such cases were not reported due to ‘the normalization of sexual harassment’ or ‘unclear strategies on how to report’. The survey found many workplaces did not have sexual harassment policies.men are more present.5

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Women and health

Last Updated: 07/05/24

In 2023, life expectancy in Vanuatu was 73 for women and 68 for men.1 Despite this, the country is grappling with both communicable diseases like malaria and tuberculosis, and noncommunicable diseases. In 2019, mortality from diseases like cancer and diabetes was 33.5 per cent for women and 45.1 per cent for men.2

Cultural and societal barriers pose significant challenges for women’s health. These include low literacy rates among women, risks of Gender-Based Violence (GBV) and stigma around contraception, especially for younger or unmarried women. Community gossip and discrimination further restrict access to care. Menstrual health care access is especially limited, with rural women lacking sanitary products and urban girls struggling financially to obtain them. This often results in girls missing school during menstruation.3

LGBTQI+ individuals face societal discrimination, inhibiting their access to health care. Although the government offers reproductive health services for sexual violence survivors, broader challenges persist. The adolescent birth rate was 81 per 1,000 women aged 15-19 in 2023, higher than 70 per 1,000 per women recorded in 2020. In 2023, the maternal mortality rate was 94 per 100,000 live births,which is higher than the previous count of 72 per 100,000 live births in 2017.4 These fluctuations underscore the ongoing challenges women face in accessing comprehensive and safe health care in Vanuatu.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Violence against women

Last Updated: 07/5/24

Violence against women is a significant concern in Vanuatu. The 2011 Vanuatu National Survey (VNS) reported that 60 per cent of women aged 15-49 who had been in a relationship experienced physical or sexual violence from a partner.1 Furthermore, 30 per cent of women in the 2011 VNS stated they were sexually abused before turning 15. The Department of Correctional Services noted in 2021 that sexual crimes were the primary offences over the past decade, accounting for nearly half of all offences.2 Data from 2021 revealed that domestic violence cases surged following the travel restriction during -COVID-19, with the Vanuatu Women’s Centre reporting a doubling of cases compared to 2020.3

The legal framework in place includes the Family Protection Act of 2008 (FPA) which criminalises domestic violence, though it notably lacks protections for unmarried women and domestic workers. While Vanuatu’s Penal Code recognises rape as a punishable crime with a potential life imprisonment sentence, it fails to explicitly criminalise marital rape.4 Furthermore, the FPA enables victims to obtain Family Protection Orders, which are critical in offering immediate respite to victims from their abusers. However, as of 2016, 74 per cent of interviewed women from rural areas had not heard of these protective orders.5 There are also ‘no drop’ policies, which instruct the police not to drop reported domestic violence cases, even if the complaint is subsequently withdrawn.

Despite these legal provisions, the effectiveness of the legal framework remains questionable. The police often hesitate to intervene in domestic disputes and the vast majority of cases, including rape, remain unreported. This hesitancy is exacerbated by traditional patriarchal norms and the considerable influence of chiefs in village-level dispute resolution. A 2016 study revealed that chiefs sometimes settle cases of rape and sexual assault rather than the formal justice system, leading to outcomes that are not in the best interests of survivors.6

Such prevailing attitudes are evident in the VNS findings, which highlight that 60 per cent of respondents believed there are scenarios where a man hitting his wife can be justified. The survey also pointed out the prevalence of controlling behaviours, such as a partner demanding to know the woman’s whereabouts or seeking his permission before she can access health care.

Challenges in accessing justice remain significant. According to the 2016 UN Women study, 98 per cent of women and children experiencing violence don’t access the formal justice system, with barriers including court fees, transportation, and medical expenses.7 The Family Protection Act, mainly an ’urban service,’has provisions like applying for protection orders by telephone to aid rural women. Still, in practice, these mechanisms are infrequently used.

Only 54 per cent of health facilities in the nation offer services tailored to victims of sexual and GBV. The facilities that do provide these services often lack crucial resources such as emergency contraceptives, vaccines, post-exposure HIV medications, or forensic medical services. Earlier research has underscored that a limited number of support programs employ trained professionals for counselling and therapy. In many cases, staff members rely on their instinct or ‘common sense’ to aid vulnerable women. However, this intuitive approach raises concerns as it can be heavily tinted by traditional perspectives on women’s roles, further impeding access to unbiased support.8

In this regard, Non-Governmental Organisations (NGOs) like Vanuatu Women’s Centre, which is present in Port Vila and several provinces, play an important role in educating the public on issues relating to violence against women and helping women access the formal justice system. However, they lack sufficient funding to implement their programmes fully.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Patriarchal Authoritarianism

Last Updated: 07/05/24

The Constitution provides for rights to freedom of expression and association, and the government generally upholds both these rights. With regard to the freedom of expression, there have been occasional cases of elected officials threatening journalists for critical reports.

However, libel and slander are criminal offences. There are no significant barriers on the formation and operation of NGOs. Workers can join unions, bargain collectively, and strike, although the right to strike may be impaired by notification rules and the government’s powers to bar such actions when it comes to essential services.1 It’s worth noting that these freedoms, while universally applicable, can have gendered impacts. For instance, women journalists or activists may face distinct challenges or threats based on their gender when exercising their freedom of expression or association, potentially magnifying the vulnerabilities they encounter in professional or civic spaces.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vanuatu

Climate Crisis

Last Updated: 07/05/24

Vanuatu, despite being a carbon negative nation, bears the unfortunate distinction of having the highest disaster risk rating globally as per the World Risk Index 2021.1 The significant risk factors are manifold: frequent exposure to natural calamities such as cyclones, earthquakes, tsunamis, landslides, and coastal flooding. Adding to the peril, about 64 per cent of its populace resides within 1km of the coast, and over half live in close proximity to one of its 14 volcanoes.

In 2020, following Tropical Cyclone Harold, a gender-focused analysis by CARE observed that women experienced a disproportionate burden in relation to caregiving roles.2 In Vanuatu, women predominantly shoulder caregiving roles, be it for children, the elderly, or the disabled. Additionally, the onus of ensuring the household’s food security falls largely on them. Their responsibilities intensify during crises, while simultaneously vital health services, especially maternal and reproductive care are not adequately prioritised.This is not merely due to the immediate aftermath of such events but also rooted in societal structures.

Beyond the immediate threat of disasters, the creeping menace of climate change looms large for Vanuatu. The nation’s vulnerability to rising sea levels is particularly noteworthy. Climate change disrupts the balance of natural resources in various ways: altering freshwater supplies, shifting agricultural patterns, promoting saltwater intrusion, affecting plant growth and eroding natural protective barriers, to name a few.3

The Vanuatu Climate Change and Disaster Risk Reduction Policy 2016-2030 addresses this precarious situation, especially from the perspective of vulnerable groups. The policy emphasises the importance of engaging these groups, particularly women and persons with disabilities, in formulating and executing adaptive strategies. Efforts to decentralise and localise responses are evident with the establishment of Community Disaster and Climate Change Committees (CDCCCs). Although the target of ensuring a third of these committee leaders are women hasn’t yet been met.

March 2023 was particularly tumultuous, with two severe cyclones and a significant earthquake affecting a vast majority of the populace. However, it also marked a diplomatic victory for Vanuatu. The country successfully petitioned the UN General Assembly to seek an authoritative opinion from the International Court of Justice on states’ climate change responsibilities.4 The government, in its third National Communication to the UN Framework Convention on Climate Change (UNFCCC), highlighted the gender-skewed impact of climate change. Due to existing gender disparities, women and girls confront the repercussions more acutely. The reasons range from higher poverty rates among women, their dominant role in the subsistence economy, to the uptick in GBV post natural calamities. As climate patterns shift, these inequalities stand to be further exacerbated.

Key features of the legal and policy framework on climate change

Laws:

  • Environmental Management and Conservation Act No. 12 (amended in 2011): defines and addresses climate related challenges and requires the inclusion of climate change issues in all decision and policy making. It also enables the government to take measures to meet commitments under the UNFCCC.
  • Forestry Rights Registration and Timber Harvest Guarantee No. 28 (2000): regulates the registration, transfer and granting of forestry rights.

Key policies:

  • Nationally Determined Contributions: provides for adaptation and mitigation strategies to increase climate resilience.
  • National Adaptation Plan: to inter alia, provide a framework for mainstreaming climate change and disaster risk reduction into sustainable development processes and build resilience.
  • Climate change and Disaster Risk Reduction Policy: to build resilience to and strengthen capacity to address climate change and disaster risk reduction. It advocates for the meaningful involvement of under-represented groups, including women and persons with disabilities, in planning and implementing climate disaster programmes.
  • Policies and strategies on various aspects including energy, tourism, forest, water, ocean, agriculture, livestock, nutrition/food supply, waste management and biodiversity.

References

International Treaties/Conventions - Vanuatu

What has Vanuatu
committed to?

List of international treaties / conventions that Vanuatu is signatory to:1
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CAT: Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
    12 Jul 2011(a)
  • CAT-OP: Optional Protocol of the Convention against Torture
  • CCPR International Covenant on Civil and Political Rights
    29 Nov 2007
    21 Nov 2008
  • CCPR-OP2-DP Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty
  • CED Convention for the Protection of All Persons from Enforced Disappearance
    06 Feb 2007
  • CED, Art.32 Interstate communication procedure under the International
  • Convention for the Protection of All Persons from Enforced Disappearance
  • CEDAW Convention on the Elimination of All Forms of Discrimination against Women
    08 Sep 1995(a)
  • CERD International Convention on the Elimination of All Forms of Racial Discrimination
  • CESCR International Covenant on Economic, Social and Cultural Rights
  • CMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
  • CRC Convention on the Rights of the Child
    30 Sep 1990
    07 Jul 1993
  • CRC-OP-AC Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    16 Sep 2005
    26 Sep 2007
  • CRC-OP-SC Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    16 Sep 2005
    17 May 2007
  • CRPD Convention on the Rights of Persons with Disabilities
    17 Mar 2007
    23 Oct 2008
Last Updated: 07/05/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Vanuatu

Women’s Priority Issues and Recommendations

As identified by ‘Vanuatu Young Women for Change’ (VYWC)
recommendations for vanuatu
Last Updated: 07/05/24

In 2017, Vanuatu Young Women for Change (VYWC) conducted a survey of 13-35 year old women, young girls and boys, in four urban communities and two rural communities in Rural Efate, to identify women’s priorities for achieving SDGs 1, 3, 4, 5, 13 and 16. The survey surfaced three key priorities—education, employment and reducing violence against women.1

1.Quality education

In a 2011 literacy survey in rural Shefa Province for those aged 15-60, although 85 per cent believed they were literate, only 27.6 per cent met the criteria.2,3 The survey revealed more were illiterate (34.1 per cent) than literate. An alarming 38.3 per cent were semi-literate. Among primary school attendees, just 35.4 per cent were literate, and a mere 52.6 per cent at secondary school. Merely completing primary school didn’t guarantee literacy, with only 32.6 per cent literate. This statistic barely improved for secondary school graduates, with only 55 per cent literate. Yet, higher literacy in women correlated with having fewer children, and progressively higher education levels did show improved literacy rates.

However, despite these positive correlations, the data underscores the prevalent issues in Shefa Province’s educational quality. VYWC’s research illuminated these challenges further. Many respondents felt unsupported by the State in continuing education, with several VYWC members, including single or teenage mothers, dropping out due to financial constraints. Alarmingly, 55 per cent of those with some education were unemployed, while only 23.3 per cent were employed. Even among the educated, only 33 per cent could draft their own Curriculum Vitaes (CVs) confidently.4

Access to quality education is a national concern, more acute in rural areas. In places like the Torba province, Tanna, and western Santo, over 50 percent of adults often had no schooling. Regarding family planning, 58.7 per cent of female respondents preferred learning from their mothers, while 25 per cent opted for sisters. Only 16 per cent chose friends. This challenges the Melanesian tradition where aunts traditionally impart this knowledge. Similarly, eight percent of single boys preferred learning from fathers over uncles. Meanwhile, 43 per cent of contraceptive users were satisfied with clinic services, but 37.3 per cent were dissatisfied. In schools, while 62.5 per cent reported contraceptive availability, 32.8 per cent said none existed.

2. Decent Work and economic growth

The challenges in securing employment for Vanuatu’s youth are multi-faceted, VYWC’s research emphasised the linkage between education attainment and job-search confidence. Graduates who showcased confidence in job applications usually had guidance from experienced individuals. This highlights the need to bolster career-building initiatives during school years 10 to 13, ensuring that students not only pursue further studies but are also equipped with the skills needed for job hunts.

While the national government, particularly the Ministry of Education, strives to mainstream gender in its programs, the roadblocks are evident. The study by VYWC centred on SDG Target 4.4 showcased worrying statistics: 55 per cent of those who completed some level of schooling remain unemployed, with only 23.3 per cent managing to secure jobs. Even among those employed or running businesses, merely 23.3 per cent were engaged in capacity-building training courses. A staggering 56.4% weren’t participating, primarily due to the prohibitive costs of such courses.

The employment landscape in Vanuatu shows that while women’s participation in wage employment in non-agricultural sectors has nearly doubled in the past two decades, challenges persist. Occupations largely remain centred around crops, livestock, or vegetables, with noticeable gender differences in top occupations. Although women’s representation in senior roles is rising, unemployment is notably higher among urban women. Nearly half of those working overseas last year were women.

VYWC’s research revealed that a prevalent sentiment among the unemployed youth is the sheer absence of job opportunities.

3. Violence against women

Out of 350 respondents to the VYWC survey, 281 experienced various forms of violence including physical, sexual, and emotional. A significant 69.3 per cent did not report these incidents to any authority or institution. Only 14.5 per cent sought counsel from pastors, while 2.9 per cent approached the police and 5.3 per cent reported to the Vanuatu Women Centre.

Vanuatu’s peace practices encompass traditional and formal approaches. Chiefs and community leaders ensure safety and manage disputes. Although they can escalate severe cases to the police, disturbingly, grave crimes, including murder and rape, sometimes get resolved at the village level. In the two years preceding the study, a concerning 65 per cent of respondents, both male and female, expressed fear of walking alone in their communities at night, apprehensive about potential rape, torture, or murder.

For Vanuatu to effectively realise SDG Goals 1, 3, 4, 5, 13, and 16, the nation’s government should adopt the following strategies:

Recommendations

  • Promote family planning

    Encourage family planning education in a manner sensitive and responsive to cultural norms and promote the value of how family planning can contribute to a more peaceful family and society

  • Enhance infrastructure for safety

    Improve infrastructure to create a safer and gender responsive environment for vulnerable groups including women and girls, LGBTIQ+ people, and people living with disabilities. This includes installing good lighting systems in every urban and rural community in both Port Vila and Luganville to prevent assaults in the dark.

  • Raise the minimum wage

    Setting the minimum wage to at least 60,000 VT monthly will ensure that every citizen lives with dignity and extreme poverty is reduced.

  • Accessible quality education

    The government must guarantee universally accessible, high-quality education, with a special emphasis on strengthening the knowledge and agency of women and girls. This should span national, provincial, and community tiers.

  • Provide free literacy and numeracy programs

    Provide free literacy and numeracy learning sessions for unemployed and low-skilled individuals including women and girls and all other women living with disabilities

  • Invest in Vocational Training

    Allocate more financial support and resources to build the capacities of working and non-working citizens through vocational training courses, enabling them to find decent work opportunities and earn a living wage.


References

  • 1 Vanuatu Young Women for Change. (2018). Vanuatu People’s Development Justice Report for the Women 2030 Monitoring and Review of Sustainable Development and Development Justice. [Unpublished].
  • 2 Asia South Pacific Association for Basic and Adult Education and Vanuatu Education Policy and Advocacy Coalition. (2011). Vanuatu - Rural Shefa Province Education Experience Survey and Literacy Assessment 2011. https://microdata.pacificdata.org/index.php/catalog/274
  • 3 Asia South Pacific Association for Basic and Adult Education and Vanuatu Education Policy and Advocacy Coalition. (2011). Education Experience Survey and Literacy Assessment in Shefa Province, Vanuatu. https://www.dfat.gov.au/about-us/publications/Pages/vanuatu-rural-shefa-province-education-experience-survey-and-literacy-assessment-report
  • 4 Vanuatu Young Women for Change. (2018). Vanuatu People’s Development Justice Report for the Women 2030 Monitoring and Review of Sustainable Development and Development Justice. [Unpublished].
Accountability - Vanuatu

Women’s Rights Groups Demand Accountability

accountability for vanuatu
Last Updated: 07/05/24

Vanuatu’s framework for monitoring the Sustainable Development Goals (SDGs) is anchored in ‘Vanuatu 2030 The Peoples Plan,’ which is the National Sustainable Development Plan (NSDP) from 2016 to 2030.1 The Plan provides an organised structure, aligning with the 17 SDGs and the 2030 Agenda for Sustainable Development, which aids in gauging progress.

The Department of Strategic Policy, Planning and Aid Coordination collaborates with the Vanuatu National Statistics Office to actualise the NSDP Monitoring & Evaluation (M&E) Framework and produce the Annual
Development Report. This M&E Framework dovetails with the primary goals of The Plan and its technical report. Additionally, the Decentralisation Policy 2017-2027 aims that the government is more accessible to its citizens, facilitating direct participation in public service delivery.

To promote gender inclusivity, the Department of Women’s Affairs has framed key gender policies. These were influenced by international accords like the Convention on the Elimination of Discrimination Against Women (CEDAW). The key policy in this regard is Vanuatu National Gender Equality Policy 2015-2019 (NGEP). The government’s 2017 endorsement of Gender Responsive Budgeting and the emphasis on mainstreaming women’s empowerment across ministries reflect a commitment to gender balance. Notably, the NGEP emphasises a quota for women in municipal councils and foresees potential gender-balanced leadership opportunities in national legislative elections.

However, as of December 2020, only about a quarter of the gender-specific indicators for SDGs were available. There exist significant data gaps, especially in unpaid care, domestic work, and gender-specific labour market indices. Essential sectors like gender-poverty linkage, harassment, women’s access to assets, and gender-environmental interaction lack consistent monitoring methodologies. Addressing these gender data shortcomings is paramount for Vanuatu to fulfil its gender-related SDG obligations.2


Accountability - Vanuatu

Last Updated:

References

Case Study - Port Villa, Vanuatu

Impact of COVID-19 on Women’s Livelihoods

Last Updated: 09/05/24

In March 2020, due to COVID-19, the Vanuatu government implemented a lockdown, severely impacting women vendors in Port Vila, commonly referred to as ‘20 vatu Mamas’. These women, who primarily sell cooked food, relied on this trade as their sole income source. The lockdown decision was met with frustration from these vendors, their families, and the public who depended on their services. Many of these women had financial obligations, having taken loans from institutions like Vanwods and South Pacific Business Development. A month into the lockdown the government allowed them to resume sales. However, due to a shortage of goods caused by halted imports, food prices rose. Consequently, the ‘20 vatu Mamas’ increased their prices, but faced sales drops due to limited variety and fewer dishes available because of ingredient shortages.

Source

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Fiji

Finance, Trade and Investment Agreements

Last Updated: 11/04/24

The Fijian economy is predominantly made up of services (70 per cent), followed by industry (15 per cent) and primary sectors including agriculture, forestry and fisheries (14 per cent). Its 2015 Trade and Policy Framework guides its domestic and international trade in key priority areas including sugar, agriculture, forestry and fisheries. This policy privileges the private sectors for driving economic growth and development.

Fiji is signatory to a number of bilateral1 and multilateral trade agreements, including Melanesian Spearhead Group Trade Agreement (MSGTA), Pacific Islands Countries Trade Agreement (PICTA) and the South Pacific Regional Trade and Economic Cooperation Agreement (SPARTECA). It also benefits from Preferential Trade Agreements (PTA) including Generalised System of Preferences, SPARTECA and PTA with China. These agreements are often negotiated in secret and are ridden with legal jargon, which makes them inaccessible to governments, Parliament and ordinary people whose lives are most likely to be affected. The economic model fostered through these agreements thrive on exploiting women’s systematic discrimination and unpaid labour, sustaining growth through subsistence wages and hidden contributions to the care economy.2

Fiji is not a signatory to the Pacific Agreement on Closer Economic Relations (PACER) Plus trade and development agreement entered into by 10 Forum Island Countries (FIC)— including Australia, Cook Islands, Kiribati, Nauru and New Zealand. Under this agreement, both Australia and New Zealand have committed to assist FICs achieve economic growth and sustainable development, while at the same time availing of increased access into FIC markets. This agreement was not signed by Fiji as it did not meet its development needs.3 However, the PACER Plus agreement is triggered when Fiji attempts to avail of the Sugar Protocol, which provides preferential access for Fiji to markets in the European Union (EU) under the Economic Partnership Agreement. The PACER Plus agreement is expected to have significant gender implications in FICs given the importance of services, tourism and agriculture and fisheries, as well as the large share of small and medium sized enterprises in their economies. Concerns have been raised on the loss of tariff revenue and the resulting possible decline of public services, with negative repercussions for the reduction and the redistribution of women’s unpaid care work,4 diminished policy space,  environmental hazards, threats to the development of local industries.5 The PACER Plus agreement increases competition in sectors where women have a high labour participation rate thereby threatening their livelihoods and job security.6

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Fiji

Corporate Capture

Last Updated: 11/04/24

The issue of corporate capture must be contextualised within the complex struggles and conflict between traditional land ownership systems and economic development for tourism and the extractive industry, including mining, and more recently, the bottling and sale of water. Efforts to reform traditional land ownership systems have resulted in political and ethno-nationalist tensions. About half of Fiji’s forests have already been lost due to clearance for agriculture, unsustainable logging, and fire, thus endangering species, the ecosystem, as well as local people’s livelihoods and cultural links with their land. Elite economic entities influence decision-makers to permit activities that have harmful impacts on the environment and future livelihoods. Overall, the Government’s short-sighted attempt at utilising land for economic growth has led to profit-gaining at the expense of the environment.

The commercialisation of Fiji’s fishing industry has presented significant gender-related challenges. A study examining gender issues in Fiji’s tuna industry, with PafCo as a key employer, highlighted that women could climb the industry’s hierarchy with appropriate training.1 The research also encompassed Papua New Guinea and Kiribati, revealing shared challenges for women across these nations. As the industry grows, women and children confront heightened strains in adapting to modern life, with public sector responses to health, safety, and domestic abuse concerns often being inadequate. Moreover, the expanding industry inadvertently promotes a spin-off sex-trade. The lure of industrial fish processing in urban areas often leaves villagers, detached from traditional livelihoods, struggling with insufficient wages. However, as the industry and its ancillary businesses grow, opportunities for women may increase. Yet, this expansion may exacerbate social issues already disproportionately affecting women.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Fiji

Land and Resource Grabbing

Last Updated: 11/04/24

In Fiji, land is managed under three distinct systems: Native Land (iTaukei), Crown Land, and Freehold Land. Native or iTaukei land makes up 87 per cent of all land in Fiji. This land is owned by native Fijian (iTaukei) and is primarily administered by the Native Land Trust Board (now known as the iTaukei Land Trust Board) and mataqali (Fijian clan). The Land Sales Law limits ownership of freehold land within city and town council boundaries to Fijian citizens. Therefore, the issue of land ownership must be contextualised within a dual governance system—where land that is customarily owned by indigenous groups can only be legitimately used by Fijian citizens of other ethnicities if permitted by the ethnic Fijian owners.

Traditional structures and cultural norms greatly influence women’s access to resources and their role in community-level resource management. Both women and men, as registered members of a mataqali or clan, hold equal rights to communally owned land, and Fijian law ensures equal inheritance rights for both genders. However, women cannot claim rights to land owned by their husband’s mataqali, and land inheritance traditions often lean towards patriarchal lineages. Men predominantly control access to and decisions concerning traditional fishing grounds (qoliqoli). When families negotiate access to land, fishing grounds, or both private and State lands, women remain reliant on men, since lease or usage agreements typically bear the name of the male household head.1 Between 2007-2013, various decrees were passed that restricted indigenous rights, especially concerning decision-making over land and assets. The Non-governmental Organisation (NGO), Social Empowerment and Education Programme (SEEP), identified land and leadership as primary issues affecting community governance from 2000 onwards.

References

  • 1 Ministry for Women, Children and Poverty Alleviation. (2023). Fiji Country Gender Assessment: Policy Briefs.
Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Fiji

Militarism and Conflict

Last Updated: 11/04/24

Since gaining independence in 1970, Fiji has faced significant political instability, witnessing four military coups between 1987 and 2006. Central to these upheavals are the longstanding tensions between the iTaukei and Indo-Fijians. This military interventionism in politics culminated in the 2006 coup, which significantly marginalised two pivotal institutions: the Methodist Church and the Great Council of Chiefs (GCC). Moreover, the rising militarisation within the public sphere has encumbered Civil Society Organization (CSO) initiatives, especially those concerning women’s rights, peace, and stability.

The 2013 Constitution underscores the military’s role in safeguarding national security, with Section 131 (2) specifically tasking the military with the comprehensive responsibility of ensuring Fiji and its citizens’ security, defence, and well-being. Furthermore, Chapter 10 grants the military expansive and non-retractable immunity concerning their actions during coups. Although government military expenditure escalated from 2016 to 2019, there was a reduction by 2.9 per cent in 2019 relative to 2018, followed by another 8.65 per cent decrease in 2020, leading to military spending representing 1.7 per cent of Fiji’s Gross Domestic Product (GDP) by 2021.1

Of paramount concern is the noted correlation between militarisation and rising incidents of Violence Against Women (VAW), especially during crises. The three coups, including two military and one quasi-military, have entrenched a militaristic ethos, reinforcing patriarchal norms and increasing incidents of brutality by security forces. This amplified militarism has reverberating effects, often diminishing rights previously secured for women and deteriorating the nation’s overall human rights stance. Illustratively, the classification of COVID-19 as a natural disaster under the Natural Disaster Management Act sanctioned increased military involvement, evidenced by armed military personnel overseeing operations at the Fiji National Provident Fund during the pandemic’s initial phase.2

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Fiji

Patriarchy

Last Updated: 11/04/24

Fijian culture is fundamentally rooted in patriarchal systems, characterised by values, beliefs, and relationships entrenched in social, economic, religious, and political frameworks. These structures consistently define and bolster unequal power dynamics between men and women. This patriarchal influence permeates both private and public realms, where men usually occupy privileged, often dominant positions, while women are often relegated to lesser valued and subordinate roles.1

Article 26 of the 2013 Constitution guarantees equality and prohibits discrimination on various grounds, including sex, disability, religion and sexual orientation. This guarantee is supported by the 2014 National Gender Policy and the National Development Plan 2017-2036 (NDP). However, there are gaps in integrating constitutional guarantees of equality into laws and policies. Focused group discussions conducted by the Fiji Women’s Forum (FWF) in 2017 revealed that women have limited understanding of essential governmental procedures, like the budgetary cycle, inhibiting their effective participation in the legislative process.

Women’s political participation

This limitation is clear in the sharp decline of women representatives in Fiji’s Parliament, from 10 out of 51 members in 2018 to just five out of 55 (9 per cent) in the 2022 elections.2 Despite concerted attempts to expand opportunities for women in politics, Fiji has not achieved its commitment of 33 per cent women’s representation in decision-making bodies at either the national or subnational levels.

The overwhelming dominance of patriarchal practices in decision-making structures further marginalises women. In indigenous settings, leadership roles are largely defined by cultural and religious norms, often favouring those from chiefly families. Due to prevailing societal norms, the public sphere is largely perceived as being for men, while the private domain is designated for women. Notwithstanding, a significant 81 per cent of Fijians believe that women are underrepresented in governance, and 72 per cent assert that heightened female representation would be advantageous. Though more than three-quarters of Fijians claim gender would not influence their voting choice, nearly 40 per cent still hold the belief that men are superior political leaders.3

Women who enter public terrains encounter systemic discrimination, harassment, and violence. Their leadership styles are constantly critiqued, and many lack the networks and resources to contest elections. Adding to the challenge, familial duties and a political landscape largely led by men act as deterrents for potential female leaders.4

Gendered Access to Education and Livelihoods

In Fiji, deeply rooted cultural and gender norms often confine women to traditional home roles, influencing their educational and professional choices. While primary education has a commendable 100 per cent net enrolment rate, by the secondary level, girls (91 per cent) outpace boys (79 per cent) in enrolment. However, a concerning 28.2 per cent of upper secondary-aged children are out of school, with teenage pregnancies significantly affecting girls’ continuity in education.5

At the tertiary level, women constitute 60-65 per cent of students, predominantly studying in fields like commerce, medicine, education, and law, reflecting gendered expectations. Conversely, more men gravitate towards technical and vocational training. The educational landscape also grapples with issues of bullying, verbal abuse, and alarming instances of sexual violence against girls.6

Despite strides in education, post-educational employment remains a challenge for young Fijians, particularly women. The transition from education to work reveals pronounced gendered disparities, underscoring the systemic challenges women face in securing employment, even with academic achievements.7

In 2022, only 46 per cent of working-age women participated in the labour force, compared to 75 per cent of their male counterparts.8 The dominant reason is traditional gender roles that assign women the responsibility of unpaid care and domestic tasks, with 70 per cent of non-working women attributing their absence from the workforce to housework, versus 5 per cent of men.9

The majority of working Fijian women are in informal employment, marked by unstable job security, fluctuating income, and no social protection. This encompasses three quarters of rural women, those in informal settlements, older urban and rural women—including widows and women with disabilities—and those from the LGBTQIA+ community. Entrenched gender norms delineate women’s professional trajectories, resulting in occupational segregation and primarily relegating them to roles mirroring traditional female duties. In urban areas, although there may be a slightly wider scope of opportunities, women predominantly gravitate towards professions such as teaching and nursing, reflecting societal expectations.10

Women in Fiji earn roughly a third less than their male counterparts. The informal sector sees women working part-time more often than men, and they earn significantly less for comparable tasks. Women predominantly engage in invisible informal work, like home-based tasks or outworker work in Fiji’s garment sector, hindering collective bargaining and heightening exploitation risks. Rural women earn about 75 per cent of what their male counterparts earn, and a 45 per cent urban-rural wage disparity exacerbates poverty risks in rural regions.

Gender-Based Violence

Entrenched patriarchal norms and women’s subordinate position in society increases vulnerabilities to Gender-Based Violence (GBV). According to studies conducted by Fiji Women’s Rights Movement (FWRM), on average, 20 per cent of working Fijian women face workplace sexual harassment. It is particularly rampant in the hospitality sector, with 35 per cent of women affected, but also high in the civil service (30 per cent), health (24 per cent), and retail (23 per cent). Full-time working women experience harassment at a rate of 20 per cent, but it is even higher for part-time (30 per cent) and casual workers (43 per cent). Risks are amplified for younger, single women, especially those working night shifts, on rotational shifts, or changing uniforms at work.11 Domestic violence detrimentally impacts workplace performance, costing an average annual loss of 10 working days.

Deep-rooted gender imbalances contribute to the pervasiveness of violence in various settings, from households to professional environments. Alarmingly, 52 per cent of women face Intimate Partner Violence (IPV)12 including physical (61 per cent) and emotional violence (58 pe rcent). Moreover, 44 per cent experience severe physical violence, and 15 per cent are assaulted during pregnancy. Notably, 34 per cent of Fijian women have faced marital rape, and 28 per cent have faced economic abuse.13

Child sexual abuse is the predominant form of sexual violence in Fiji, comprising 74 per cent of cases between 2015–2018.14 Of adult women, 16 per cent reported sexual abuse before age 15.15 According to FWRM’s study of sexual violence cases decided by the High Court, between 2017–2020, 94 per cent of rape victims were females, with 68 per cent of the cases involving minors.16

To combat GBV, laws like the Crimes Act 2009, the Domestic Violence Act 2009, and the Family Law Amendment Act 2012 have been enacted. The Domestic Violence Act 2009 enables GBV victim-survivors to obtain restraining orders, and the Family Law Amendment Act 2012 acknowledges de facto relationships. Fiji’s ‘No Drop’ policy, provided in the criminal laws, ensure that all GBV complaints are investigated, even if later withdrawn.

Still, the gap between law and its application is significant. The Domestic Violence Act’s gender-neutral phrasing fails to capture the unique gender dynamics of domestic violence. Many women, especially in remote areas of Fiji, remain uninformed about their legal rights. Studies have shown that women usually wait approximately 2.5 years before reporting abuse due to its societal normalisation, fear of repercussions, or mistrust in the police.17 Unfortunately, police frequently perceive VAW as a private family matter, downplaying the severity of the issue. Their efforts are further hampered by insufficient funding, which restricts their reach between remote communities and urban centres. Additionally, women encounter challenges when seeking restraining orders.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Fiji

Patriarchal Authoritarian Governance

Last Updated: 11/04/24

The 2013 Constitution guarantees rights to freedom of expression and association, but also permits the government to limit these rights for a wide variety of reasons, including maintaining national security, public order, safety, and morality. The Public Order Act empowers the government to enforce public order using force or to detain individuals on grounds of ‘endangering public safety’ or ‘preserving the peace’. Similar laws in other countries have been exploited to target trans people, sex workers, and others. There have been notable instances where the government responded strongly to public dissent regarding its policies and proposals, leading to the detention of opposition leaders and youth workers. Due to legal constraints and oversight by the Media Industry Development Authority, independent media often resort to self-censorship on politically sensitive or communal issues.1 Furthermore, public access to information remains restricted.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Fiji

Climate Crises

Last Updated: 11/04/24

Fiji, a small island state, is acutely exposed to the ravages of climate change and weather-related disasters such as intense tropical cyclones, storms, sea level rise, ocean warming and acidification, along with related hazards like floods, landslides, and droughts. These adversities lead to immediate human impacts, recovery costs, and repercussions across health, livelihood sectors (notably agriculture, forestry, fisheries, transport, and tourism), housing, infrastructure, poverty, and social cohesion. Furthermore, many traditional villages and rural communities, which centre their daily economic and social activities around the coastline, face the imminent threat of rising sea levels, escalating temperatures, coastal degradation, and increased cyclonic activities. Consequently, numerous Fijian communities have undergone relocation due to climate-induced displacement.

However, climate change impacts are not uniformly distributed. Deep-rooted gender inequalities and power imbalances mean women bear a disproportionate brunt, hindering their ability to rebound post-disasters. Challenges faced by women are also differentiated by intersectional identities, influenced by factors such as age, disability, cultural background, economic status, sexual orientation, gender identity, and location. Especially vulnerable are women in remote and rural communities, often due to restricted access to resources and vital information.1 With displacement, their challenges multiply as they grapple with longer distances to secure food and water, while simultaneously catering to familial needs. Such responsibilities, coupled with heightened poverty levels and resource scarcities from asset and income losses, not only restrict their choices and opportunities but also jeopardise their safety, health, and security.2 Women’s limited access to insurance and finance also lead to heightened vulnerabilities during climate / weather related disasters. This intricate web of vulnerabilities impedes their recovery, undermining sustainable development goals and hindering the advancement of women’s human rights in Fiji.3

Disasters impact both genders, but women face disproportionate losses.4 While men’s losses are often of higher absolute value, women’s losses make up a significant portion of their livelihood assets. Essential sources of income, such as crops and small livestock, which sustain families, are devastated. Additionally, damaged fisheries habitats, crucial for many women, take years to recover. Women, predominantly in the informal sector, often lack social insurance. A telling statistic reveals that 88 per cent of Fijian market vendors are women; post-Tropical Cyclone (TC) Winston in 2016, many lost everything. Within six months, there was a 300 per cent hike in wholesale prices and persistent produce shortages. Coastal Fijian women, who rely on fishing and handcrafts, are severely affected by habitat destruction, which undermines their income sources and exacerbates food insecurity.

Disasters and climate change intensify existing levels of Gender-Based Violence (GBV), while pre-existing GBV makes women and children more vulnerable to these calamities. After TC Winston, domestic violence helpline calls surged, while the 2012 Western Division floods saw rises in rape and incest reports. Women also frequently experienced escalated sexual harassment during and post-cyclones. The hardships, like food shortages linked with these events, can heighten GBV risks. For instance, inability to prepare meals due to water scarcity can spark domestic tensions. Prolonged stays in cramped, temporary shelters with little privacy amplify risks of various forms of violence against women and girls. Financial stresses can lead to desperate measures: post the 2012 floods, some women resorted to sex-for-food trades, while economic strains push families to marry off young girls prematurely.

Fiji has ratified the Paris Agreement and initiated the UN Framework Convention on Climate Change (UNFCCC) Gender Action Plan. Nationally, various frameworks, policies, and plans acknowledge gender roles in environmental challenges, positioning women as agents of change. For instance, the National Climate Change Policy and the 2021 Climate Change Act recognise the pivotal role of women. However, certain laws like the Environment Management Act and the proposed National Disaster Risk Management Bill overlook gender dimensions.

On the institutional side, there is a dissonance between entities working on climate adaptation and those on gender equality. While professionals acknowledge gender issues, they often lack comprehensive knowledge to fully integrate a gender-responsive approach. Additionally, at subnational levels, there is inconsistency in applying the national government’s climate adaptation approach. A significant data gap exists concerning women’s vulnerability, and there is a lack of harmonisation in indicators used by different agencies.

For Fiji to combat climate change while upholding women’s rights, it is imperative to intertwine gender perspectives in policies, integrate women in decision-making, and ensure policies at all levels are harmonised with a gender-focused lens.

References

International Treaties/Conventions - Fiji

What has Fiji
Committed to?

List of international treaties / conventions that Fiji is signatory to:1
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT)
    01 March 2016
    14 March 2016
  • Optional Protocol of the Convention against Torture (CAT-OP)
  • International Covenant on Civil and Political Rights (CCPR)
    16 August 2018 (a)
  • Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty (CCPR-OP2-DP)
  • Convention for the Protection of All Persons from Enforced Disappearance (CED)
    19 August 2019 (a)
  • Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance (CED, Art. 32)
    19 August 2019
  • Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
    28 August 1995 (a)
  • International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
    11 January 1973 (d)
  • International Covenant on Economic, Social and Cultural Rights (CESCR)
    16 August 2018 (a)
  • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW)
    19 August 2019 (a)
  • Convention on the Rights of the Child (CRC)
    02 July 1993
    13 August 1993
  • Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC-OP-AC)
    16 September 2005
    29 March 2021
  • Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography (CRC-OP-SC)
    16 September 2005
    09 March 2021
  • Convention on the Rights of Persons with Disabilities (CRPD)
    02 June 2010
    07 June 2017
Last Updated: 13/04/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Fiji

Women’s Priority Issues and Recommendations

Developed by the Fiji Women’s Forum (2017)
recommendations for fiji
Last Updated: 13/04/24

The lack of women’s participation in the SDG’s monitoring process was identified in 2017 by the FWF. The FWF had undertaken Focus Group Discussions (FGD) to gauge the depth of awareness regarding the SDGs among women.

This lack of clear information at the grassroots level critically impacts women’s potential to contribute to and influence national SDG initiatives. Without accessible communication channels, there’s a missed opportunity for these women to meaningfully engage in SDG and other policy making processes. The FWF, therefore, sought to bridge this divide by rallying diverse women’s groups to champion increased women’s participation in leadership. The FWF prioritises Goals 5 and 16, recognising their significance in shaping local and national government processes. Under these goals, FWF identified key priority areas as below.

FWF identified key priority areas

  • Gender-Responsive budgets

    Fiji has yet to embed Gender-Responsive Budgeting (GRB) into its legislation and government practices. As a result, budgets, while gender-blind, produce gendered impacts. A GRB approach is pivotal to discern how budgets influence different societal groups and to gather vital data for enhanced economic planning. This data can drive policies to rectify social and economic inequalities.

    Internationally, Fiji has pledged to the Beijing Platform for Action (BPfA), in addition to SDG Goal 5, both emphasising the tracking of budget allocations for gender equality and women’s empowerment. Without established GRB mechanisms, it is difficult to measure the national budget's effects on women and gender equality promotion. Observing government budgetary choices in the past years, it becomes clear that addressing gender disparities necessitates increased resource allocation and strategic investments.1

  • Decent work and economic growth

    The State's approach has been to advance economic activities without sufficiently addressing the challenges of unpaid care and domestic work. Recognition and value for unpaid care and domestic work through the provision of public services, infrastructure, and shared social protection policies, as well as the promotion of shared responsibility within the household and family, need to be prioritised.

    The FGDs by FWF emphasised the exhaustive daily responsibilities borne by women. Their days typically start early, around 3 am, encompassing an array of duties from meal preparations to extensive household chores. Situations are exacerbated during natural calamities such as floods, where their roles expand to managing farms, livestock, and addressing the amplified household needs. These insights underscore the importance of recognizing the demanding nature of women's unpaid roles and the necessity for policy adjustments that validate and support their contributions.

  • Women’s leadership and effective participation

    Despite previous commitments, the government has not yet achieved its pledge of ensuring 33 per cent representation of women in decision-making roles. Instituting special measures at both national and sub-national decision-making structures could strategically address women’s leadership barriers, especially those rooted in cultural norms and attitudes. FWF's FGDs revealed that, in certain communities, women, though active in community service, are often sidelined in decision-making processes. Moreover, access to accurate information and data, like the representation percentages of women in various decision-making bodies - from advisory councils and provincial boards to Parliament and village committees - is essential. Such data not only supports women's effective participation but also furnishes crucial evidence to monitor the government’s adherence to the National Gender Policy and its obligations to the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).

    FWF has found a critical gap in the public's understanding of government processes, especially regarding their inclusivity and methods to ensure public participation in budgetary procedures. Specifically, many women are unaware of key global agendas like the SDGs. While some recognise the term or the overarching 17 goals, the intricate details, which are crucial for understanding their direct implications on women, remain elusive. Such a disconnect, particularly in rural areas, is often attributed to the lack of accessible information channels and the absence of links providing a comprehensive understanding of the SDGs.

    Moreover, logistics play a detrimental role in accessing information. With villages dispersed and central government facilities often based at considerable distances, access becomes a challenge. For instance, in locations like Rabi Island, some villages are as far as 16 km away from central facilities, complicating accessibility.

    Furthermore, concerns about personal safety and a perceived lack of support from the security sector deter women from active public participation. However, community outreach has shown promise. Community media initiatives have effectively documented women's developmental needs and priorities. Through platforms like community radio stations, women have found an avenue to voice their concerns and issues. Yet, there remains an expressed need for enhanced community outreach programs, especially concerning the SDGs, emphasizing the connection between these goals and the rights and development priorities of women in local and rural communities.

    Feedback from FWF’s FGDs indicate that rural women leaders believe mainstream media often prioritises urban over rural issues. Despite allocations for public service broadcasting, there is a perceived imbalance between urban and rural representations in women’s programmes. There is also concern over the State's significant influence on Fiji’s media, potentially limiting press freedom and balanced journalism.

    In this backdrop, the role of women-led community media networks, such as femLINKpacific, is crucial. They offer platforms that directly connect with hundreds of rural women leaders annually. Through their community radio network, they provide a lifeline, especially during disasters, ensuring timely, accurate information dissemination. This platform, while informing, also amplifies rural women's voices, making their concerns and experiences audible even to policymakers. The importance of such community-driven initiatives in ensuring inclusive representation in the media landscape cannot be overstated.

  • Reduce all forms of GBV

    Research conducted by FWF indicates a pressing need to enhance the police force's understanding and responsiveness towards crimes, especially domestic violence. Numerous accounts indicate that the police sometimes dismiss domestic issues, resulting in delayed or no assistance to victims. Challenges in Kadavu, for instance, include delayed response times and inadequate resources to traverse distances between remote communities and town centres. Proposed solutions include more police training, better resourcing of vehicles, and improved communication systems such as toll-free lines. Designated community members could relay information about GBV and domestic issues. Despite rural police posts, access remains a concern, prompting suggestions for dedicated community liaisons. Engaging more with women leaders and community groups can bridge the trust gap, fostering a collaborative environment that can significantly reduce crime rates.


Recommendations

  • Strengthen collaborations with key stakeholders

    Namely civil society organisations, including women’s rights organisations, in the implementation of the SDGs, strengthen the engagement, collaboration and participation of CSOs in existing SDG monitoring mechanisms.

  • Institutionalise gender-responsive budgeting

    To ensure equitable resource allocation and uphold its international commitments to gender equality and women's empowerment.

  • Prioritise recognising and valuing unpaid care and domestic work

    Ensuring supportive policies and infrastructure to alleviate the extensive responsibilities borne by women.

  • Take special measures and prioritise enhancing women's representation

    To 33 per cent in decision-making roles, supported by transparent data, and leverage community media networks to bridge the information gap, especially in rural areas, to ensure inclusive participation in policy and decision-making processes.

  • Prioritise gender-sensitisation of and training for police

    On gender based violence, invest in better resources and communication tools, and establish community liaisons to ensure prompt, effective responses to gender-based violence in both urban and rural areas.


References

Accountability - Fiji

Sustainable Development: Structures of Accountability

Last Updated: 12/04/24

SDG Accountability Mechanisms

As evident from Fiji’s 2023 Voluntary National Review (VNR)1, Fiji’s commitment to the 2030 Agenda faces substantial challenges, notably in the domains of Sustainable Development Goals (SDG) 5 and 16. Even with commendable strides such as offering free education and essential services, certain pressing issues remain. Under Goal 5, persistent concerns of VAW and a lack of substantial empowerment initiatives undermines the advances made. Meanwhile, Goal 16, focusing on peace and justice, is mired in both societal and infrastructural challenges.

A significant impediment in assessing genuine progress lies in data gaps. While Fiji’s Global SDG Database has added forty indicators from 2019 to 2022, a concerning absence of over 50 per cent of indicators for both Goals 5 and 16 persists. This gap not only complicates assessment but also stalls the creation of targeted strategies. Furthermore, the current trajectory indicates that Fiji risks not meeting nearly 75 per cent of the 97 measurable targets.

External variables, like the aftershocks of the COVID-19 pandemic and the Ukraine war, further exacerbate Fiji’s challenges. As an economy heavily reliant on tourism, the COVID-19 pandemic’s closure of borders was a severe blow. Just as recovery appeared attainable, the Ukraine conflict’s economic reverberations, especially on fuel and food prices, added fresh strains. For Fiji, achieving the SDGs is more than a global commitment; it is pivotal for its resilience and socio-economic stability amidst these multifaceted challenges.

In terms of monitoring progress towards the achievement of SDGs, the VNR notes consultations with CSOs through convenings as well as through online platforms like the United Nations Development Programme (UNDP)-hosted Solevaka2. However, the tangible outcomes and effectiveness of these platforms and consultations remain to be evaluated critically.


References

Accountability - Fiji

Last Updated:

References

Case Study - Nawailevu, Bua, Fiji

Land and Resource Grabbing from People in Bua

Last Updated: 15/04/24

The residents and landowners from Nawailevu, Bua have long been victims of resource grabbing by the mining corporation, Xinfa Aurum Exploration.

From 2011-2018, the mining operations of the bauxite ore mine by Xinfa Aurum Exploration covered 408 hectares in Nawailevu and Naibulu in Macuata. The mines generated Fijian Dollar (FJD) 1.4 million in royalty revenue for the government. The landowning units from these areas received FJD 1.7 million, with an additional FJD 781,800 paid to the government. Until March 2018, when the bauxite mine ceased its operations, these locations yielded over a million tonnes of bauxite ore

Despite assurances from the government that resource owners would receive 80 per cent of the royalties from the utilisation of their resources, these royalties, to the extent of USD 600,000 were to be transferred to the Future Generation Fund supporting education initiatives. In 2018, Nawailevu landowners were still awaiting the funds promised to them. Although the payment was reportedly made to the Future Generation Fund subsequently, details of its disbursement to individual landowners remain unclear. At some point after, the leased lands were returned to the Nawailevu residents, who have, in 2023, initiated a project to rehabilitate the land for sustainable farming.1

People from these communities have been very vocal about their right to participate at decision making tables regarding their land and resources. The Bua Urban Youth Network (BUYN) is a youth collective from Bua province in Fiji that promotes awareness and champions the Free, Prior, and Informed Consent (FPIC) of landowners in negotiations related to large-scale projects, including mining. They have consistently supported landowners in maintaining their say in the decisions affecting their land.

Source

Case Study - Rural Figi, Fiji

Rural Women’s Accessibility to Land and Resources

Last Updated: 15/04/24

In Fiji, rural women encounter significant challenges in accessing, controlling, and owning land. Traditional institutions often deny women the right to inherit land or formally own property. Only paramount chiefs, who inherit chiefly titles, are exceptions to this rule. Both major ethnic groups in Fiji — the iTaukei (Indigenous Fijians) and the Indians (Indo-Fijians),1 have inheritance laws that typically exclude women from inheriting land or other assets.

Agriculture is the primary source of livelihood in rural regions. Many Fijian farmers of Indian origin lease iTaukei land, but the land tenure system restricts them from making long-term investments or pursuing large-scale farming. Consequently, they primarily remain subsistence farmers. The iTaukei Land Trust Board (TLTB) controls the renewal of these leases. If iTaukei landowners decline to renew, Fijian farmers of Indian descent and their families are relocated. iTaukei Fijians also primarily engage in subsistence farming because acquiring agricultural leases, which are crucial for accessing bank loans, is a lengthy process with the TLTB.

The Constitution ensures that land leases or tenancies cannot be terminated unless stipulated within the agreement, safeguarding existing arrangements. However, iTaukei Fijian women face societal constraints rooted in tradition. Upon marriage, they move from their birth village to their husband’s village. Cultural customs, represented by the exchange of tabua (whale’s tooth) during ceremonies, bind them to male-centric hierarchies, making them dependent on men throughout their lives, perpetuating their vulnerability and reducing their autonomy over land and resources.2

Rural women’s equal participation in decision-making and natural resource management is essential, especially regarding traditional land leases for mining. Access to land for women ensures individual and community benefits such as nutritious food, financial independence, training for land productivity, and a stronger voice in decision-making processes.

Source

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Philippines

Finance, Trade, and Investment Agreements

Last Updated: 15/08/24

During the 1990s, the Philippines made significant strides to open up its economy for free trade and Foreign Direct Investment (FDI), and joined the World Trade Organization (WTO) as a founding member in 1995. Immediately prior to this period, the economic policies pursued by the Marcos regime were characterised by dependence on foreign loans and monopolies controlled by political allies. Since the 1990s, the country has been pursuing a neoliberal approach to economic development, exemplified by numerous bilateral and multilateral Free Trade Agreements (FTAs), deregulation, and unilateral liberalisation, complemented by labour flexibilisation.1 The neoliberal development model has shifted the Philippines’ economic strategy and has also resulted in the continued consolidation of wealth in the hands of the wealthy few. The Philippines has FTAs with China, India, Japan, Republic of Korea, New Zealand, and Australia under the Association of Southeast Asian Nations (ASEAN), and has bilateral agreements with Japan, Republic of Korea, Iceland, Liechtenstein, Norway, and Switzerland. In June 2023, the Philippines entered into the Regional Comprehensive Economic Partnership (RCEP) Free Trade Agreement, which aims to create a free trade zone among 10 ASEAN members, as well as China, Japan, Republic of Korea, Australia, and New Zealand. Overall, China is the Philippines’ top trading partner while Japan is its top contributor of Official Development Assistance (ODA). The Philippines has a number of loan agreements with China for developing infrastructure such as railways, bridges, and river flood control projects.

Through Special Economic Zones (SEZs), which have been pursued since 1995, the government has advanced FDI as a key development strategy.2 The Ease of Doing Business and Efficient Government Service Delivery Act of 2018 has been enacted to even further simplify the application process of local and foreign businesses in the country. In 2022, there were net inflows of $9.2 billion USD in FDIs.3 In SEZs, companies experience benefits such as income tax holidays, tax and duty free imports of raw materials, and exemption from payment of local government fees, licences, and taxes. The main sectors that foreign investors invest in are manufacturing, business process outsourcing, real estate, and transport infrastructure. Many of these SEZs are located in the countryside, thereby taking up traditionally agricultural lands and displacing communities.4

These developments are praised by political officials as ways to create jobs and advance economic development. For example, in 2022, the Philippine Economic Zone Authority (PEZA) indicated that almost 1.9 million people were employed in economic zones, more than double the number from 2012.5 However, women report that many of the resulting jobs in SEZs and in sectors such as agribusiness suffer from labour flexibilisation, resulting in lower wages, low skilled jobs, labour violations, and occupational hazards. Workers in the agribusiness sector, for example, suffer from unfair and unsafe working conditions and are denied social security and benefits due to improper classification as temporary contractors.6 Wages also differ by region because of the Wage Rationalisation Law, where workers from outside Metro Manila receive 25 per cent to 78 per cent lower wages. The reliance on FDI has overall increased the power of multinational corporations, despite their adverse impacts on human rights and the environment.

Despite pushback to this prevailing development strategy, there continues to be momentum to further liberalise the Philippine economy. Some political actors propose changing the constitution to push for wholesale removal of domestic regulations in order to increase FDI. Such proposals include potential plans to open up strategic enterprises, natural resources, telecommunications, education, and public utilities for foreign investment, leaving very little domestically-controlled. Meanwhile, the export-oriented and import-dependent trade policy has sunk the Philippine economy into a trade deficit. The trade deficit is currently approximately $4 billion USD.7 This has harmed domestic industry and production.

Another impact of the liberalisation measures has been the use of Investor State Dispute Settlement (ISDS) mechanisms which enable foreign corporations to sue sovereign governments if they deem that their (prospective) profits are in any way affected by governmental action. There are at least five cases of investor state dispute settlements for the Philippines.8

The Philippines’ government budget for 2023 was Philippine Peso (PhP) 5.268 trillion, approximately $93.6 billion USD. However, a high proportion of annual revenues through the Automatic Appropriations Law is allocated for debt servicing. From 2008-2017, 30.9 per cent of annual revenues were dedicated to managing the Philippines’ external debt. As many feminists have long pointed out, debt is a feminist issue and has significant gendered impacts, including by redirecting valuable funds away from healthcare, education, and poverty reduction and alleviation programmes.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Philippines

Influence of Private Capital

Last Updated: 15/08/24

Since the 1980s, privatisation has gained momentum in the Philippines, and the government is increasingly leaving behind its role to provide basic services in favour of outsourcing to Public Private Partnerships (PPPs). This has particularly escalated since 2010, when the government created the PPP Center. Through this strategy, it has pursued many partnerships with wealthy individuals and corporations as a method of delivering services. This shift towards PPPs has benefited the wealthiest in the Philippines, but has come at the expense of affordability and dependability of public services for regular people. For example, in the power generation sector, four corporations hold 65 per cent of market share, which has resulted in higher electricity rates. Meanwhile, government investments in core sectors are decreasing. For example, government spending on housing went down from $ 290 million USD in 2017 to $ 60 million USD in 2019.1 Meanwhile, in the same sector, the real estate tycoon Manuel Villar tripled his wealth between 2017 and 2018.

A number of the wealthiest people in the Philippines have benefited from the government’s use of PPPs, including on projects which do not always align with the highest-priority national needs for advancing sustainable development. For example, the late Henry Sy – the richest man in the country with a net worth of $18.3 billion USD before he passed away in 20192 – received a 9.98 billion PPP for a school infrastructure project, and was involved in the Clark International Airport Expansion Project. John Gokongwei Jr. – net worth of $4.4 billion USD – received the operations and maintenance contract for Clark Airport. And Jaime Zobel de Ayala – net worth $4 billion USD – is involved in the Daang Hari-South Luzon Expressway (SLEX) Link Road Project, and the automatic fare collection system project. As a trend, in the People’s Development Report by the Center for Women’s Resources (CWR), women report that these developments have resulted in higher prices on essential goods, low wages for cheap contracts, plunder of state resources for private enrichment, and destabilisation of the country’s foundation of social protection and services.3

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Philippines

Land and Resource Grabbing

Last Updated: 15/08/24

As with many other formerly colonised countries, patterns of land and resource grabbing in the Philippines have long-standing roots in historical patterns of exploitation and unequal control over land. Development strategies such as the creation of Special Economic Zones (SEZs) and large infrastructure projects have grabbed agricultural lands, resulting in displacement of communities and decrease in access to land for agricultural cultivation.1 This displacement has often been enforced through other human rights violations such as intimidation, forcible evictions, and killing2, particularly when communities resist plans.3 Other infrastructure plans, such as the Build Build Build (BBB) plan for highway construction, are widely perceived by communities as being solely for the purpose of facilitating corporate investment and land grabbing, as opposed to helping meet community needs.4

Agribusiness Venture Arrangements (AVAs) are a major government priority and as part of the Philippine Development Plan (2017-2022), which included a goal to develop a globally-competitive agribusiness sector, focused on cash crops.5 These AVAs align with the government’s general adherence to liberalisation policies and respond to the WTO and World Bank’s guidance to devote lands and water for export crops. Large agribusiness ventures in sectors like palm oil have displaced peasants and small farmers but have often failed to provide these communities with decent, safe jobs.

Decades of agrarian reform programmes since 1987 and 1988 have taken some steps towards improving the socio-economic conditions of landless farmers. The Comprehensive Agrarian Reform Program (CARP) is the programme under which land reform is implemented in the Philippines to redistribute land to tenant farmers. It also guarantees equal rights to land ownership, equal shares of the farm’s produce, and representation in decision-making bodies.6 Despite the existence of land reform frameworks, the Kilusang Magbubukid ng Pilipinas (KMP) estimates that seven out of 10 farmer families remain landless, while the percentage of women aged 15-49 who own land is only 2.7 per cent.7 Agrarian reform programmes have primarily granted land titles to men, with only 28 per cent of beneficiaries being women.8

In addition to government commitments to liberalisation, the lack of full implementation of agrarian reform is influenced by the power of corporations over the policymaking process. Many large landowners are involved in policy making around land use. Women activists report that there appear to have been funding challenges as well as active schemes by corporations to circumvent the laws. For example, some of the land aimed for agrarian reform and redistribution to tenant farmers have been converted to business centres. Farm workers are also sometimes offered shares of stock instead of land through stock distribution options, thereby signing away their land rights. Women estimate that over a million hectares of distributed lands are under various AVAs, imposed on agrarian reform beneficiaries through non-land transfer schemes.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Philippines

Climate Crises

Last Updated: 16/08/24

Located in the cyclone belt and the Pacific Ring of Fire, the Philippines is one of the most vulnerable countries in the world to the effects of climate change. It experiences an average of 20 tropical cyclones every year. Quezon City, the most populous city in the Philippines located in Metro Manila, overlaps five different river systems, and is also situated along the Marikina Valley Fault System. This leaves many parts of the city flood-prone, as well as at a high risk of earthquakes. Within the country, marginalised communities such as the urban poor are particularly susceptible to health, life, and livelihood impacts of these natural disasters. In 2009, Typhoon Ondoy (Ketsana) brought the equivalent of one month’s rainfall in 12 hours, leaving 80 per cent of Metro Manila underwater, killing hundreds of people and damaging tens of thousands of homes.1 In November 2020, during the height of the COVID-19 pandemic, Typhoon Vamco (Ulysses) submerged towns and destroyed homes, compounding the crisis for marginalised communities.

Although it is already experiencing such adverse climate-related impacts, the Philippines has contributed a very small share of historical carbon emissions. The Philippines submitted its updated Nationally-Determined Contribution (NDC) in April 2021, in line with national policies and strategies on climate change and disaster risk reduction. The Philippines NDC states that the loss and damage from extreme weather events have been on the rise; successive typhoons in October and November 2020 resulted in $ 852 million USD in losses. Loss and damage from Super Typhoon Haiyan reached a massive 4 per cent of GDP.2 However, the Philippines’ carbon emissions are on the rise due to increased use of coal and fuel oil as energy sources.3 In 2022, the Philippines emitted 150,395,980 tonnes of carbon.4 In 2010, there were only 18 coal-fired power plants in the country; by 2018, there were 48 and more have been granted licences. This means that the country may not be on track for meeting its climate obligations under the Paris Agreement.5

These factors are compounded by the use of land for mining and extractive industry, which is contributing to environmental degradation and destruction of biodiverse lands. As of 2020, 2.4 per cent of the country is covered by mining tenements.6 However, the Mines and Geosciences Bureau identifies a massive 30 per cent of land area as having ‘high mineral potential’, meaning that the Philippines’ ‘mining potential’ would be fifth in the entire world.7 The Philippine Mining Act of 1995 (Republic Act No. 7942) liberalises foreign control over the Philippine mining industry. This has already led to open-pit mining excavations, causing lasting environmental destruction and endangering the livelihood of Indigenous Peoples such as the Lumad in Mindanao.8 Given the heavy emphasis in development planning on trade liberalisation, PPPs, and opening the country for foreign investment, feminist movements are concerned about the potential impacts of this reality on human rights and ecological sustainability.

The country is also no stranger to climate false solutions introduced by big corporations and rich countries. These false solutions are disguised as climate or green solutions designed to address the root causes of climate issues. However, in reality, they only exacerbate climate injustices and promote greenwashing and the corporate capture of climate actions.9 Many feminist and climate action groups in the Philippines have persisted and challenged the use and implementation of these false solutions throughout the years. In April 2024, a monumental victory was achieved by Filipino farmers and people when a cease and desist order against all activities related to ‘Golden Rice’ was declared.10 Golden Rice is a genetically engineered rice variety11 introduced as a climate and health solution that would decrease vitamin A deficiency in households.12 Filipino farmers who were forced to grow Golden Rice reported that they were slowly going into debt using this variety because of its average yield, which is cavans13 behind the usual rice variety. Food insecurity, impacts on the economy and poverty were expected to worsen should the use of Golden Rice persist in the country.14

During disasters, women respond to the disruption of lives and livelihoods by finding alternative sources of livelihoods. These new jobs – as domestic workers, laundry workers, vendors, and more – add to women’s overall work and care burdens. Climate-induced disasters also can increase vulnerability to human trafficking and Gender-Based Violence (GBV) through displacement, financial insecurity, and added stressors on households. All of these realities have a disproportionate impact on the poor, who also are less resilient in the face of climate impacts due to housing and job insecurity and the reliance on privatised water and energy sources.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Philippines

Militarism and Armed Conflict

Last Updated: 16/08/24

Extreme militaristic culture, rooted in patterns of colonialism and imperialism, has long been embraced by Filipino political leaders as part of models of patriarchal and authoritarian governance. Some manifestations of this militaristic governance have included a 50-year war against communist insurgents,1 which has killed more than 40,000 people,2, 3 and continually militarised indigenous lands, and a war against different Muslim separatist armed groups. Mindanao is the most militarised region of the Philippines, the site of forcible displacement, military occupation, massacres, bombing campaigns, counterinsurgency, and surveillance.4 The territory of the Indigenous Lumad people is one that has been relentlessly targeted by government forces as well as by corporate land grabbing for mining and extraction.5

Nationally, the government continues to invest heavily in its military and policing apparatus, while investments in social services and human rights have stalled. According to the Stockholm International Peace Research Institute (SIPRI), which maintains a global database on military expenditure, the Philippines spent $3.965 billion USD on its military in 2022.6 The Armed Forces of the Philippines has approximately 280,000 troops as of 2022, almost half of which are active military personnel. Regions which the government is militarising through counterinsurgency are also major sites of neglect, with a failure to provide for people’s basic needs.

The past decade in the Philippines has been marked by rising militarism deployed internally against communities, including through the War on Drugs and extreme repression of civil society. Rodrigo Duterte, who was the former president of the Philippines between 2016 and 2022, made ‘peace’ and ‘order’ the top of his political agenda. He invested heavily in military and police responses to social issues such as the drug trade rather than in addressing root causes such as poverty and inequality. The police extrajudicially executed tens of thousands of people in the War on Drugs.7, 8 Although the official police death toll of the War on Drugs is 6,252, human rights organisations estimate that up to 30,000 people were killed through police crackdown.9

Militarism continues to be a mechanism by which privatisation, corporate power, and land grabbing are enforced in the Philippines, including through severe repression of dissent. It is heavily present in the daily lives of urban poor residents, rural, and indigenous communities. For example, vacant lots in urban areas are often guarded by uniformed personnel, preventing urban poor communities from relocating away from climate-vulnerable areas despite their rights to do so.10

Under the new administration of Ferdinand Marcos, Jr. – the son of former dictator Ferdinand Marcos, Sr. – human rights abuses have continued. There is severe repression and ‘red-tagging’ of journalists, human rights defenders, and activists; extrajudicial killings; and abuses in the conflict with communist insurgency.11 There has also been limited domestic accountability for any of the extrajudicial killings during the drug war thus far,12 and the government refuses to cooperate with the International Criminal Court for its investigation of violations in the War on Drugs.13 However, one positive development is that the government has revived peace talks with communist insurgents, after they were last cut off in 2019.14

The Philippines is positioned geopolitically within the rising competition between the United States and China, which are heavily influencing developments in the region. It has long had a close relationship with the United States, its former coloniser, on military affairs, having signed a mutual defence treaty with them in 1951 as well as Visiting Forces Agreements (VFAs). The Philippines participated in US wars in Korea and Vietnam, and holds the status of a major non-NATO ally of the United States. Foreign troops have had a presence in the Philippines in military bases, which has led to displacement of Indigenous Aeta People from their lands and abuses against local populations.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Philippines

Patriarchal Authoritarian Governance

Last Updated: 16/08/24

Civil Society Organisations (CSOs) in the Philippines experience a harsh climate of repression, exclusion, and authoritarian restrictions on their activities. Executive Order No. 70 (2018), institutionalised a Whole-of-Nation Approach in Attaining Inclusive and Sustainable Peace, Creating a National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). Part of the reality of this executive order has been to further vilify the work of progressive organisations who are working for human rights and Development Justice. Although repressive tactics have been used for decades by government officials and their supporters against civil society and opposition leaders in the Philippines, these attacks have escalated over the past eight years. There has been intimidation, harassment, red-tagging,1 police brutality, and in some cases, politically-motivated extrajudicial killings of political leaders, farmers, and Indigenous Peoples. As a result of this, some women activists, including those in the urban poor movement, have reported that they have been forced to slow or discontinue their activism and advocacy, out of fear for their personal safety.2

In one example of the impacts of Executive Order No. 70, in Mindanao, government actors have accused community schools operated by Indigenous Lumad people of being rebel training grounds, thereby vilifying them and restricting their operations. Military personnel have approached Lumad people and threatened them with reprisals, such as restrictions on their access to social security and cash transfer programmes, if they continue to enrol their children in Lumad schools. This has undermined the self-determination of Lumad people and their right to culturally-appropriate and quality education.3

Approximately 27 per cent of the Kongreso (Congress), Kapulungan Ng Mga Kinatawan (House of Representatives) are women.4 However, many women in politics in the Philippines belong to political dynasties, reflecting long-standing power structures and hierarchies in the country. In common political practice, many women fill the seats that were formerly occupied by male family members, in order to preserve familial privilege and power.

Militarism has also become integrated into other aspects of governance, further reflecting patriarchal and authoritarian styles of leadership. During Duterte’s administration, military men were appointed to positions in non-military government departments. These include the Department of Interior and Local Government (DILG), the Department of Social Welfare and Development (DSWD), and the Department of Environment and Natural Resources (DENR), reflecting the increased power and prestige of the military. In contrast, there have been reprisals against government officials who have stood up to mining interests and corporations, such as in the case of former DENR secretary Gina Lopez who did so in Mindanao.5 Additionally, under Duterte, there was an ‘unparalleled outbreak of sexism and misogyny’.6 Senator Risa Hontiveros tracked the number of public sexist and misogynist remarks made by the former president, which averaged one per month. These included extremely violent and sexual remarks such as calls for explicit violence against women, reflecting his disdain for women especially those who criticised him and his policies.7

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Philippines

Patriarchal Structures and Norms

Last Updated: 16/08/24

Patriarchal values continue to reinforce women’s lack of socioeconomic power and vulnerability to poverty. There is severe income and wealth inequality in the Philippines; the richest 50 people own as much as a quarter of GDP, while 21.9 million Filipinos live in poverty.1 Women, children, farmers, and fishers have higher rates of poverty than the overall population.

Filipina women are largely expected to fulfil traditional roles as caregivers, with slow change in social norms around gendered expectations. Women and girls 15 years of age and older had a labour force participation rate of 46 per cent in 2022.2 Much of women’s income is considered supplemental to family incomes, and their dual roles as caregivers and workers are promoted by neoliberal technocrats who promote women’s participation in home-based and contract work, such as in small enterprises. The gender wage gap continues, where women receive 3 per cent to 25 per cent lower daily wage compared to men in almost all occupation groups. There is a low availability of childcare services in the country, yet declining fertility rates as well.3 Although there are laws protecting women’s rights, these realities continue to subject women to marginalisation.

Almost a fifth of women are reported to have experienced intimate partner violence in their lifetimes,4 although this is likely an undercount due to stigma and gaps in reporting. Online and technology-facilitated GBV is also on the rise, with many victims and survivors girls under 18 years of age.5

The Philippines is also one of the top origin countries in the world for migrant workers, and these migrant workers are disproportionately women. In the past two decades, an average of 172,000 Filipina women migrant workers have gone overseas per year. The main countries and territories that they go to are Hong Kong, Singapore, Taiwan, Malaysia, and the Gulf States. Migrant women are employed largely in low-waged sectors such as domestic work, nursing, entertainment, and other services. Women in these sectors are vulnerable to abuse, and many are unprotected and economically exploited.

References

International Treaties/Conventions - Philippines

What Has The Philippines
Committed To?

The Philippines is required to include the provisions of international treaties and conventions1, 2 in its constitution and other relevant laws and enforce them. The country has ratified or acceded to the following treaties and conventions on the rights of women.
treaties/conventions for philippines
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CAT - Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
    18 Jun 1986(a)
  • CAT-OP - Optional Protocol of the Convention against Torture
    17 Apr 2012(a)
  • CCPR - International Covenant on Civil and Political Rights
    19 Dec 1966
    23 Oct 1986
  • CCPR-OP2-DP - Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty
    20 Sep 2006
    20 Nov 2007
  • CED - Convention for the Protection of All Persons from Enforced Disappearance
  • CED, Art.32 - Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance
  • CEDAW - Convention on the Elimination of All Forms of Discrimination against Women
    15 Jul 1980
    05 Aug 1981
  • CERD - International Convention on the Elimination of All Forms of Racial Discrimination
    07 Mar 1966
    15 Sep 1967
  • CESCR - International Covenant on Economic, Social and Cultural Rights
    19 Dec 1966
    07 Jun 1974
  • CMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
    15 Nov 1993
    05 Jul 1995
  • CRC - Convention on the Rights of the Child
    26 Jan 1990
    21 Aug 1990
  • CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    08 Sep 2000
    26 Aug 2003
  • CRC-OP-SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    08 Sep 2000
    28 May 2002
  • CRPD - Convention on the Rights of Persons with Disabilities
    25 Sep 2007
    15 Apr 2008
  • ILO 29 Forced Labour
    15 Jul 2005
  • ILO 87 Freedom of Association and Protection of the Right to Organise
    29 Dec 1953
  • ILO 87 Freedom of Association and Protection of the Right to Organise
    29 Dec 1953
  • ILO 97 Migration for Employment Convention, excluding provisions of Annex II and III
    21 Apr 2009
  • ILO 98 Right to Organise and Collective Bargaining
    29 Dec 1953
  • ILO 100 Equal Remuneration Convention
    29 Dec 1953
  • ILO 141 Rural Workers’ Organisations
    18 Jun 1979
  • ILO 143 Migrant Workers Supplementary Provisions
    14 Sep 2006
  • ILO 182 Worst Forms of Child Labour
    28 Nov 2000
  • ILO 190 Violence and Harassment
    20 Feb 2024 (will enter into force 20 Feb 2025)
Last Updated: 16/08/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Philippines

Women’s Priority Issues & Recommendations

Developed by: Center for Women‘s Resources with Katipunan ng mga Samahang Magbubukid sa Timog Katagalugan (KASAMA-TK), Alyansa ng mga Magbubukid ng Gitnang Luson (AMGL), Kilusan ng Manggagawang Kababaihan, Samahan ng Maralitang Kababaihang Nagkakaisa (SAMAKANA), and GABRIELA, 20191
recommendations for philippines
Last Updated: 16/08/24

SDG 4 – Quality Education

Target 4.3: Filipinos’ human right to education is essential for both individual rights and development. Completion of education reduces income inequality and increases chances for higher wage employment. However, the right to education has been impeded by privatisation, budget constraints, and reforms to liberalise the education system to adapt it to global market trends instead of national development. Although there is a high net enrolment rate at 95.9 per cent, cohort survival rate is low, particularly in regions with higher rates of poverty such as Mindanao (39.6 per cent cohort survival rate in elementary level, 67.8 per cent in secondary level). There are 3.6 million out of school children and youth, 2.4 million of whom are female.

Primary education is compulsory as of the 1987 constitution. In 2017, the government implemented the Free Education Act, which aims to cover 1.3 million youth and provide additional subsidies for 300,000 youth. But this does not cover all of the young people who are in need of this support. There is a high need for teachers, and as a result, there are high student-teacher ratios. Many students are forced to stop studying due to poverty, particularly in rural and remote areas. Although there are no tuition costs for public schools at the elementary and secondary levels, food, transportation, and school supplies cost key funds that families need for survival. For girls specifically, marriage and family matters also rank highly in reasons for not attending school, as well as employment and high cost of education.

Target 4.4: Long histories of colonial and neocolonial domination have influenced the education system in ways that drive it to cater to the needs of the global market. Because the state promotes employability, many youth obtain degrees in business administration and related topics (29 percent), information technology (12 per cent), and engineering and technology (12 per cent). Only 4 per cent of graduates study agriculture, forestry, and fisheries. There is also an increased push for more graduates in technical education and skills. The Technical Education and Skills Development Authority (TESDA) now has language skills institutes that cater to overseas Filipino workers.

Target 4.7: The 2009 Magna Carta of Women aims to eliminate discrimination against women in education. Although there have been proposals from civil society for culture and gender sensitivity in educational curricula, as well as human rights, currently textbooks are full of gender stereotypes. On the other hand, there is also an increased push to have basic military training and Reserve Officers’ Training Corps (ROTC) in schools. This reinforces existing trends towards militarisation in the country.

In response to the above, youth-led organisations and women’s organisations have been advocating for increased subsidies in the education sector, and have also been campaigning against fees. They are also advocating for culturally-sensitive schools and curricula that respond to the needs of marginalised communities, such as Lumad (Indigenous) schools in Mindanao.

Goal 8 – Decent Work

Target 8.5: The right to decent work is enshrined in the Universal Declaration of Human Rights (UDHR), as well as the Philippine constitution. However, there are prevailing rates of unemployment and underemployment across the country. For example, Bicol and MIMAROPA (Mindoro Occidental, Mindoro Oriental, Marinduque, Romblon, and Palawan) recorded underemployment rates of 27.6 per cent and 23.7 per cent, respectively. The female labour participation rate is 46 per cent as of 2022, which reflects persistent gendered inequalities in women’s access to employment.2 In response, government technocrats are encouraging women to open small and mid-sized businesses, pushing entrepreneurship as a pathway to decent work. Despite rhetorical encouragement for small business as a pathway to development and personal success, it is difficult for many women to access credit to become entrepreneurs or to expand their businesses beyond the household. The number of self-employed women without any paid employees was still very high at 4.36 million in 2017.

Gender pay gaps in other sectors also remain. Women receive lower average daily wages in almost all occupation groups, except for skilled trades such as agriculture, forestry, fishery, and armed forces. However, these women are only a small percentage of women (6 per cent in skilled agriculture and 0.02 per cent in armed forces). Many women who are employed in agriculture are employed without pay, and the gender pay gap in certain sectors such as sugarcane plantations is over 20 per cent.

Target 8.8: Neoliberal policies and labour flexibilisation have had devastating impacts on workers’ rights in the Philippines. The 2023 Global Workers Rights Index of the International Trade Union Confederation (ITUC) has listed the Philippines as one of the 10 worst countries in the entire world for workers. The Philippines has received the lowest rating of 5, out of a scale of 1 to 5, as there is ‘no guarantee of rights’ for workers even if there are labour laws intended to protect them. One specific justification for this ranking is that workers and trade unionists remain under constant threat of arbitrary arrests and violent attacks, aimed at repressing their collective bargaining.3

Labour contractualisation is rampant throughout the country, and 3 out of 10 workers in one recent survey reported some form of non-regular employment. In May 2018, the Department of Labor and Employment (DOLE) released a list of companies that practise illegal contractualisation. Among the companies listed were high-earning corporations such as Jollibee Food Corporation (JFC), Philippine Long Distance Telephone Company (PLDT), DOLE Philippines, Monde Nissin, Unipak Sardines, Middleby Corporation, and the Philippine flag-carrier airline, Philippine Airlines.

There is extensive documentation of repeated labour abuses in the Philippines, including: providing sub-minimum wage; failing to provide workers with mandatory government benefits such as health and social security despite their deductions; occupational safety hazards and health hazards, long hours with no overtime pay; limitations on workers’ movement, such as ability to leave the workplace; no Personal Protective Equipment (PPE) against chemicals. In addition, thousands of Filipinos leave every day to work abroad, more than half of whom are women working in gendered sectors like household service, care work, cleaning, and nursing. These migrant workers, who travel to countries including throughout the Middle East, experience vulnerable employment and abuses.

In response, labour unions have launched protest actions, calling for better working conditions and increased wages and benefits. With sustained effort, they helped enact the Occupational Safety and Health Standards Law, as well as the Expanded Maternity Leave Law.

Goal 10 – Reduced Inequalities

Targets 10.1 and 10.2: In 2018, the net income of SM Retail Inc., the business of Henry Sy, who was, for a long time before he passed away, the richest man in the country, was PhP 30.9 million a day. Meanwhile a woman retail worker working for SM averages PhP 537 a day in Metro Manila. These factors exemplify the stark inequalities which people in the Philippines experience. The poverty incidence among farmers, fisherfolk, children, self-employed, women, and unpaid family workers is also higher than the average.

Target 10.4: The Tax Reform for Acceleration and Inclusion Law (TRAIN) tax reform programme has resulted in increased indirect taxes such as expanded Value-Added Tax (VAT), excise taxes for fuel, and taxes on consumer goods and services. Although in theory this tax reform programme has reduced taxes for some of the poorest segments of Filipino society, many women were already exempted from taxation programmes due to low wages. Therefore, due to the regressive taxes that are part of this programme, the main winners of this reform initiative have been the wealthiest in the country.

Many Filipinos still do not have access to safe water and sanitation. Approximately 9 million people rely on unsafe and unsustainable water sources, and 19 million lack access to improved sanitation. Through the reliance on Public-Private Partnerships (PPPs), privatised power has increased prices but decreased reliability of services. The impacts of privatisation are also being felt in the health sector. Although the government is investing more and expanding the National Health Insurance Program (NHIP), PhilHealth is a financial scheme and a corporation that relies on profit. Accessibility of health services for the poor is still not guaranteed due to the nature of the healthcare structure.

When it comes to reproductive healthcare, women from rural and poor communities are burdened by government restrictions on home birth and the simultaneous lack of clinics. Most facilities that are public are in urban areas, so in rural areas expensive, unaffordable private clinics fill the gaps. Restrictions on home birthing have not been accompanied with increases in public birthing facilities. Many women suffer with insufficient prenatal and natal care as a result, and maternal mortality is high at 221 deaths per 100,000.

Goal 13 – Climate Action

Target 13.1: The Philippines has a minimal share in global carbon emissions, only 0.35 per cent as of 2016, yet it is one of the most affected countries in the world by the effects of the climate crisis.4 Poverty is the single most important factor that determines vulnerability to natural disasters, affecting loss of life, livelihoods, displacement, health impacts, and food insecurity. There is high mortality from natural disasters such as landslides and flash floods, particularly in areas such as urban poor informal settlements which feature houses made out of unsatisfactory materials. An estimated 22.8 million people live in urban poor communities or slums, and at least 1.76 million families have houses made of materials which are vulnerable to destruction. Disasters also increase malnutrition and hunger, adversely impacting health. Women are forced to take on additional care burdens during disasters and find alternative sources of income, increasing their vulnerability to exploitation.

Target 13.2: The Philippines has long recognised the importance of preparedness for natural disasters, including through the Disaster and Calamities Plan in 1970. In recent years, in 2009, the Disaster Risk Reduction and Management Act shifted from response to preparedness, mandating that no less than 5 per cent of revenue is set aside for disaster risk management. The Climate Change Act of 2014 also established the Climate Change Commission.

Despite these positive developments, and the historical and current responsibility which largely falls on other countries for climate change, there is still more that could be done to shift the Philippines towards a more sustainable future. For example, there is still a reliance on coal, as well as mining and other extractive industries that are detrimental to the environment and the rights of Indigenous Peoples. Further, the fisheries code limits small-scale fishers in favour of exports, which also have more harmful environmental impacts. The ways in which green and sustainable policies are implemented still largely favour the private sector, benefiting corporations including foreign corporations rather than communities’ adaptive capacities.

Goal 16 – Peace, Justice, and Strong Institutions

The War on Drugs has killed tens of thousands of people, mostly poor Filipinos living in urban areas. According to a study by the Ateneo Policy Center, 55 per cent of these killings were during police operations, but 38 per cent were killed by unknown assailants. Women and children have not been spared, and countless more are suffering the long-term psychological and economic impacts of this violence. According to the human rights organisation, Karapatan, more than 975,000 victims of human rights violations were identified from July 2016 to December 2018, with forced evacuation being the primary violation, primarily in sites of intense militarisation. Farmers, lawyers, journalists, human rights defenders, activists, and even religious leaders have been killed, illegally arrested, or detained as political prisoners. In 2018, the Department of Justice (DOJ) released a list of more than 600 people who were red-tagged as terrorists, a list which includes the United Nations Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz and Joan Carling of the Indigenous Peoples Major Group for Sustainable Development.

Communities in Mindanao have been under martial law, living under high levels of militarisation with 20,000 troops in their lands. Military presence has had many adverse impacts on communities and their human rights, with daily harassment and patterns of forced eviction and displacement. Women’s rights organisations have documented the impacts of militarisation on women’s lives, including impacts on being able to move around freely without harassment and intimidation, children accessing community schools, and accessing social benefits.

Violence Against Women (VAW) persists with feudal patriarchal views, despite the country’s top scores in global gender equity reports. There is deeply-rooted misogyny that reinforced inequalities both between men and women as well as between those with more and less power in the country. When he was president, Rodrigo Duterte personified misogyny from the top position in the country, with frequent remarks promoting sexual violence and assault of women and children. These remarks have been heavily resisted by women’s rights groups. The National Demographic and Health Survey (NDHS) found that only three in 10 women victims of physical or sexual violence seek help to stop this violence. In the same survey, 27 per cent of respondents revealed that they never ask for help but tell someone, while 38 per cent never tell nor seek help. As in many countries throughout the world, the lack of support and widespread victim-blaming attitudes prevent many abused women from receiving support. There are also documented cases of police abuse against women, some of which are part of drug operations.

Recommendations for the Government of the Philippines

  • Overall Recommendations

    • Review and transform macroeconomic neoliberal policies of liberalisation, privatisation, deregulation, denationalisation;
    • Consider the alternative development framework that centres on people‘s right to development and respects human rights by following the five foundational shifts - such as redistributive justice, economic justice, social and gender justice, environmental justice, and accountability to peoples - as pillars for genuine sustainable progress; and
    • Recognise and consider the points raised in the Women Summit 2016, which have been affirmed by women leaders during the national consultation on the SDGs and Development Justice in the Philippines: ― Women Want CHANGE ― Comprehensive social services, Human rights, peace and social justice, Anti-Violence against Women and Children, and Discrimination, National sovereignty and social justice, Genuine land reform and national industrialization, and Environmental protection.
  • Recommendations for the Government on Goal 4 – Quality Education

    • Address the funding gap in education. Ensure that the budget is allocated to enhance school facilities including building of classrooms, laboratories, toilets, for procurement of books and other learner‘s materials, and for the salary for additional teachers;
    • Review the policy of Public-Private Partnerships (PPPs) in education so as to prioritise students and teachers over profit for the private sector;
    • Enforce the Department of Education (DepEd)‘s No Collection Policy since contributions should not become monetary constraints for parents and learners.
    • Review policies of the expanded Government Assistance to Students And Teachers In Private Education (GASTPE) Act, Senior High School Voucher Program, and Tertiary Education Subsidy so as to ensure that they serve the demands of the marginalised sectors;
    • Urgently certify the legislative proposal on the integration of human rights, peace, and gender studies in the curriculum at all levels of education;
    • Review and enhance the K to 12 program to be relevant for the people's needs and not to answer the global market demand;
    • Ensure the protection, recognition, promotion, and commendation of Indigenous and national minority schools for Lumad and other Indigenous Peoples and national minorities.
    • Ensure rural access to education and that schools are built in far-flung communities instead of being concentrated in urban or centre areas; and
    • Encourage the enrollment of women in science, technology, engineering, and mathematics.
  • Recommendations for the Government on Goal 8 – Decent Work

    • Review and make appropriate changes, including repeal, of laws and policies that legalise different forms of labour flexibilisation. The Herrera Law must immediately be reviewed for nullification. In the meantime, enforce regulations which would prohibit employers from circumventing labour laws;
    • Urgently certify legislative proposals on regularisation of employment to promote full employment of Filipinos. The right of workers to work, organise themselves into unions or organisations should be ensured;
    • Repeal the Wage Rationalization Act that provides for the regional wage boards to adjust minimum wages in different provinces and regions, based on the estimated cost of living.
    • Enact the proposed National Minimum Wage Bill;
    • Review policies that promote labour exportation overseas. Generate regular jobs with decent wages in the country;
    • Ensure and strengthen the protection of migrant workers and review the bilateral labour agreements forged with the host countries especially those countries with rampant cases of gender-based abuses;
    • Increase the budget for programmes and services for overseas Filipino workers, including legal assistance and the reintegration for those who opt to go return and work in the Philippines;
    • Create a mechanism to investigate, document, and address labour rights violations. Penalise companies that violate labour rights of workers;
    • Ensure social protection of all workers, including those in the informal economy;
    • Pursuant to the Magna Carta of Women, women should enjoy equal opportunities as men in work, receive equal pay for equal work and enjoy guarantees against discrimination in age, civil status or sexual preference and orientation;
    • Appropriate agencies should perform mandatory inspection of all establishments regardless of size and nature of operation, instead of a self-reported survey on compliance to labour standards. Ensure proper implementation of the Occupational Safety and Health Standards Law of 2018;
    • Investigate the condition of women in various workplaces, especially in industries utilising chemicals and compounds, which pose risks to women‘s health. Women and all workers should also be informed of their vulnerability to different occupational injuries and diseases in the workplace, as well as mechanisms to access compensation; and
    • Ensure social protection for women in the informal economy. Measures must also be made to prevent informalisation of formal work such as subcontracting.
  • Recommendations for the Government on Goal 10 - Reduced Inequalities

    • Review the implementation of the conditional cash transfer program, the Pantawid Pamilyang Pilipino Program (4Ps), and assess the effectiveness of the program in addressing poverty;
    • Stop the implementation of the Tax Reform for Acceleration and Inclusion (TRAIN) Law. Implement a truly progressive taxation policy that would unburden the poor from consumption taxes;
    • Legislate a genuine agrarian reform law that would provide for the free distribution of land to peasants and small farmers and protection of ancestral lands;
    • Resolve all pending agrarian reform cases. Immediately review past orders issued on land exemption, exclusion, retention, conversion and cancellation of titles given to beneficiaries;
    • File appropriate cases against illegal and premature land conversion. Prioritise the review of agribusiness permits, leasehold and stock distribution arrangements between landowners and tenants.
    • Give land access to all qualified women-headed households. Hold consultations to know the real condition of rural women and learn from them what other forms of assistance the government should extend to uplift their condition;
    • Review policies of privatisation in basic utilities such as water and energy;
    • Increase budget for social services especially health services. Ensure universal, accessible, and quality health services;
    • Assess and recall the no-home-birthing policy to rural and indigenous women who do not have access to birthing facilities in their communities; and
    • Consult and work with local farmers‘ groups to learn how they can effectively implement their support in agriculture.
  • Recommendations for the Government on Goal 13 – Climate Action

    • Review and make appropriate changes, including repeal, of laws and policies that are both detrimental to the environment, women and people‘s lives and livelihood, such as review of the Mining Act, Fisheries Code and Forestry Code;
    • Halt operation of coal power plants. Amend the Renewable Energy Act. Ensure that the primacy of the state in the control of renewable energy production;
    • Stop land conversion and mono-cropping which results in the displacement of farmers and indigenous communities and destruction of the quality of the land;
    • Increase the adaptive capacity of the poor to climate-change induced disasters. Ensure regular jobs with decent wages, access to public social services, including housing support;
    • Prioritise access to emergency food, water, and sanitary facilities to lessen the burden on women who are primarily tasked to take care of families‘ needs;
    • On data collection, ensure data disaggregation on sex, age, data on vulnerable groups such as pregnant women, children, persons with disabilities, to help in providing appropriate disaster response;
    • Make disaster and emergency information available to ensure that rural women and their families are safe during typhoons, flooding, earthquakes and similar disasters;
    • Establish evacuation centres with complete amenities in every community to ensure that evacuated families have a decent and habitable temporary shelter;
    • Provide women with access to resources such as seedlings, irrigation, and other necessary support to meet agricultural needs; and
    • Integrate climate mitigation in school curriculum, including topics on sustainable consumption and production.
  • Recommendations for the Government on Goal 16 – Peace, Justice, and Strong Institutions

    • Ensure that programmes or actions that address criminality are carried out in full respect of human rights and international humanitarian laws;
    • Take all necessary measures to stop killings associated with the campaign against illegal drugs. Investigate all cases and hold perpetrators accountable;
    • Take all necessary measures to bring political killings to an end. Investigate all cases and hold perpetrators accountable;
    • Ensure the protection of women and human rights defenders;
    • Institutionalise social justice, patriotism, and human rights education in all levels of education;
    • Increase the budget for services for victims of gender-based abuses;
    • Support the work of women‘s service institutions that respond to gender-based abuses;
    • Ensure the effective and efficient implementation of policies and programs that protect the rights of women against discrimination and violence; and
    • Educate enforcing agencies on how to effectively and efficiently deliver services to victims of human rights violations and violence against women.

References

Accountability - Philippines

Based on the specific challenges and problems faced by women and communities in the Philippines, women’s rights’ organisations have demanded accountability from local and national governments by highlighting several concerns.
accountability for philippines
Last Updated: 16/08/24
  • Ensure public, quality and culturally-appropriate education for all
  • Provide decent work and protections for all workers, recognising the rights to collective bargaining and association
  • Reduce inequalities
  • Reduce emissions and increase adaptation to climate change
  • End militarism, military occupation, and repression

References

Accountability - Philippines

Sustainable Development: Structures of Accountability

Last Updated: 04/09/24

The government of the Philippines has committed to achieve the goals of Agenda 2030 through its Philippine Development Plan (PDP) 2023-2028.1 This plan follows from the last PDP, which was implemented for the period 2017-2022. The PDP describes itself as ‘a plan for deep economic and social transformation to reinvigorate job creation and accelerate poverty reduction by steering the economy back on a high-growth path’. It provides the overall blueprint in development planning for the six year period and is the de facto SDG roadmap of the country.

The main goals and targets for the PDP 2023-2028 are: Maintain annual economic growth rate between 6 and 7 per cent in 2023 and between 6.5 and 8 per cent from 2024-2028; Create more, better, and more resilient jobs; Keep food and overall prices low and stable to protect people’s purchasing power; Enforce fiscal discipline of deficit to GDP ratio; Transform production sectors through innovation and increase ‘Global Competitiveness’; and Reduce poverty to between 8 and 9 per cent, down from 18 per cent in 2021.2

The AmBisyon Natin 2040 of the Philippines (AN 2040) is a 2040 strategic vision that has guided the Philippine Development Plans (PDPs) on the country’s priorities in six year increments. It states that by 2040, Filipinos will enjoy a ‘strongly rooted, comfortable, and secure life’, with no poverty, enough for daily needs and unexpected expenses. It also states that people will be protected and enabled by a ‘clean, efficient, and fair government’. It is what the government deems to be the collective vision of Filipinos for the next 25 years.

The National Economic and Development Authority (NEDA), as the cabinet-level agency responsible for economic development and planning, looks into synergies of the SDG indicator framework in relation to the monitoring of the country‘s medium and long term development plans, which also serve as the country‘s SDGs roadmap. The Philippine Statistics Authority (PSA) is the official repository of national data, as well as the national SDG indicators. Regional Development Plans (RDP) also exist to resolve regional disparities in development. The Philippine Institute for Development Studies (PIDS), the government‘s think tank attached to NEDA, has been tasked to assist with work related to the SDGs, such as drafting the 2019 Philippine Voluntary National Review (VNR) report. The main sources of financing for implementing these goals include economic growth, PPPs, excise taxes on alcohol and tobacco, Official Development Assistance (ODA) and loans, remittances, and comprehensive tax reforms. For example, a majority of projects were expected by NEDA to be funded by loan or ODA from China, Japan, Republic of Korea, the World Bank, or the Asian Development Bank.

The Philippines had its first VNR in 2016, followed by one in 2019 and its most recent in 2022.3 Its SDG implementation has been informed by lessons learned from the Millennium Development Goals (MDGs). These lessons include the importance of good governance, a clear implementation plan, and an adequate data monitoring system to support accountability.

Women have expressed concern about the fact that the overall implementation plan of the SDGs aligns with the same neoliberal framework that the government has been pursuing for decades. This development framework largely promotes liberalised trade and investments, labour flexibilisation, privatisation, and cuts to public spending. It also promotes corporate power by giving corporations opportunities to grab productive resources and land, enabled through tax privileges. This free market development framework has thus far resulted in continued poverty and underdevelopment, particularly combined with militarism and armed conflict that has kept some people and regions in a state of poverty and marginalisation. Therefore, many of the mainstream development plans aggravate existing issues, and are likely to benefit big businesses while the poor will be displaced by infrastructure projects and SEZs.4

Although CSOs including women’s organisations have been pushing for genuine transformation, the government has opened only limited space for engagement with SDGs discussions. Not all CSOs are being consulted, and repression and red-tagging has severely limited the participation of more dissenting or critical voices.


References

Case Study - Mindanao, Philippines

Women Workers Expose and Challenge Sumifru

Last Updated: 16/08/24

In October 2018, unionised workers from three trade unions in Mindanao – Nagkahiusang Mamumuo sa Suyapa Farm (United Workers of Suyapa Farm) (NAMASUFA), the National Federation of Labor Unions (NAFLU) and Kilusang Mayo Uno (May One Movement) (KMU) – launched a strike to protest against the harmful practices of Japanese agribusiness giant Sumifru.1 These practices included low wages, lack of benefits, exposure to hazardous working conditions, and failure to classify workers as employees.

Mindanao is a major site of agribusiness initiatives in the country, with the presence of foreign firms such as Del Monte, Dole/Stanfilco, Sumifru, and Unifrutti. Sumifru, a Japanese multinational company, is engaged in sourcing, production, shipment and marketing of various fresh fruits, practises labour contractualisation and is invested in Agribusiness Venture Arrangements (AVAs). It had more than 12,000 hectares of plantations and packing plants in Mindanao at the time of this report.

In 2019, the National Labour Relations Commission (NLRC) ruled in favour of the striking workers, but Sumifru refused to implement the order.

In 2020 and 2021, women workers organised through a process of Feminist Participatory Action Research together with the Women Studies and Resource Center (WSRC) to strengthen their advocacy for implementation of the National Labour Relations Commission order.2 Through this research process, the women found that women Sumifru workers do not have job security, and other women are also exploited as backup workers. The Philippines passed the Occupational Safety and Health Standards Act in 2018, and has ratified 38 International Labour Organization (ILO) conventions to promote decent work. However, there continues to be unsafe working conditions including through exposure to chemicals and insufficient Personal Protective Equipment (PPE), long working hours (12-20 hours per day), and low wages. Women also report that there are unaddressed burdens from unpaid care work at home, and lack of maternity benefits and social protection. The Armed Forces and National Police have also been called in to break the strike and the union, subjecting workers to militarised enforcement.

In response to these realities, and despite violent suppression of their organising, women workers have developed a union to represent themselves, and have been coordinating efforts with other workers. In February 2024, the Philippines was the first Asian country to ratify the ILO Convention 190 on Violence and Harassment in the World of Work, the first international labour standard to comprehensively address violence and harassment.3 This ratification is an important tool for accountability for worker’s rights.

Source

Case Study - Southville, Philippines

Southville Women Resist Climate Catastrophe

Last Updated: 16/08/24

Filipino women are often relegated to domestic work due to the feudal and patriarchal structure of the Philippines, rooted in colonialism and neoliberalism. In Southville, one of the relocation sites for urban poor communities from the National Capital Region (NCR) whose homes were demolished, this is also the case.1 Many women report that flooding and natural disasters occur without any advance notice from the barangay (the territorial administrative unit), and therefore no time to evacuate. During natural disasters, it is women’s responsibility to ensure the safety of children, the whole family, and possessions. Surviving these disasters is only the first step: after, women need to find ways to survive in the face of government neglect.

In response to these interlocking crises, women in Southville undertook an FPAR to document their experiences of vulnerability and underpreparedness. They called on the national and local governments to provide immediate cash aid and relief, and also to more systematically plan for evacuations, rescue, and relief distribution. In order to effectively ensure that communities are protected during disasters, they also identified that it is essential that urban poor women are incorporated into Disaster Risk Reduction (DRR) planning.

Source

Case Study - Philippines, Philippines

Seeking Freedom for Mary Jane Veloso

Last Updated: 16/08/24

Increased militarised crackdown on the drug trade has resulted in numerous harms to vulnerable communities both in the Philippines and the wider region of Southeast Asia, including migrant workers. In one prominent case, Mary Jane Fiesta Veloso is a Filipino migrant woman who was arrested in Indonesia for drug trafficking in 2010 and sentenced to death after unwittingly serving as a drug mule. As a domestic worker, Mary Jane relied on informal labour networks in order to secure her employment and travel and unwittingly carried illicit drugs in her luggage lent to her by a ‘friend’ / illegal recruiter.1 In violation of Article 14 of the International Covenant on Civil and Political Rights, Mary Jane was not granted a fair trial. During her trial, her interpreter only spoke to her in English even though she is a Tagalog speaker. She is currently detained at Wonosari Penitentiary in Gunung Kidul, Yogyakarta, and has now been in prison for 14 years, and on death row since 2015.2

Feminist organisations, including APWLD, have been campaigning for Mary Jane to be granted clemency. Indonesia’s National Commission on Violence Against Women has found that Mary Jane is a victim of trafficking, and should therefore have her review appeal granted. In their advocacy and campaigning, feminist organisations have highlighted the dangerous precedent that Mary Jane’s case sets. There are millions of Southeast Asian migrant workers, including 3 million Indonesian women. The execution and denial of a review for Mary Jane could place migrant workers throughout the region at far greater risk.3

Source

Case Study - District 2, Quezon City, Philippines

The Struggle of Urban Poor Women for Adequate Housing

Last Updated: 16/08/24

‘…prayoridad ng national government ang imprastruktura proyekto… nilalagakan ng checkpoint o presensya ng militar bahagi ng paghahanda ng estado para sa mga mamamayan na aalsa o pagtiktik nila sa mga organisers o human rights defender, na nagdudulot ng takot sa mamamayan at kawalan ng seguridad.

(The national government prioritises infrastructure [over people] so they establish checkpoints or increase military presence to prepare for any possibility of residents mobilising or to monitor organisers and human rights defenders. These [actions] induce fear among people and threaten their sense of security)’

— Woman leader from SAMAKANA who participated in the Peace Feminist Participatory Action Research (FPAR)1

In District 2, Quezon City, there has been a long-standing smear and red-tagging campaign against the women’s organisation, GABRIELA. In October 2021, an event was organised by the military and the Barangay Council, held at the Bona Homeowners Association Covered Court, to do an ‘oath of allegiance’ to support Executive Order 70. This event was held under the guise of a ‘joint feeding program, food pack distribution and livelihood skills training’, but actually had the purpose of demonising the work of local progressive groups among the community and stifling local organising. Women report that police have also planted false firearms, explosives and other evidence against the GABRIELA organisation, to curb its work.2

In response, women are organising to educate communities about their rights, and are joining together to assert the rights to adequate housing.

Source

  • 1 SAMAKANA. (2024). Peace FPAR from the Philippines: Maralitang Kababaihan, Ipaglaban ang Iyong Karapatan! The Struggle of Urban Poor Women in District 2, Quezon City to Assert their Rights to Adequate Housing. [Unpublished].
  • 2 SAMAKANA. (2024). Peace FPAR from the Philippines: Maralitang Kababaihan, Ipaglaban ang Iyong Karapatan! The Struggle of Urban Poor Women in District 2, Quezon City to Assert their Rights to Adequate Housing. [Unpublished].
Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Finance, Trade, and Investment Agreements

Last Updated: 23/08/24

The colonial economy that was imposed on most of contemporary Indonesia relied heavily on cash crop agriculture and fossil fuel extraction. During the 1970s, under the Suharto regime, Indonesia began its industrialisation through an import-substitution strategy, which promoted domestic production to replace imports. This model shifted towards an export-oriented growth strategy in the 1980s. As a result, Indonesia experienced significant economic growth until the Asian Financial Crisis.

The economic development model of Indonesia has increasingly moved towards free trade. Indonesia has been a member of the World Trade Organization (WTO) since its founding in 1995.1 It is increasingly pursuing Free Trade Agreements (FTAs) on a bilateral and regional basis, both independently and as a member of ASEAN. It is a party to the ASEAN Free Trade Area, and ASEAN as a whole has trade agreements with Australia, China, Hong Kong, India, Japan, Korea, and New Zealand. In August 2022, Indonesia’s parliament approved its entry into the Regional Comprehensive Economic Partnership (RCEP), the world’s largest FTA, estimated to cover 30 per cent of global GDP. Indonesia has signed bilateral FTAs with Australia, Chile, and Mozambique, and also through the European Free Trade Association signed agreements with Iceland, Liechtenstein, Norway, and Switzerland. It has bilateral trade agreements as well with Japan, Korea, Australia, Pakistan.2 It is currently still engaged in long-term negotiations for an FTA with the European Union, with the latest round of negotiations held in December 2023 in Brussels.3 There are also proposals to negotiate a limited FTA with the United States regarding minerals for electric vehicle batteries.4

One impact of trade liberalisation has been a number of trade disputes involving Indonesia. These cases arise when one party issues a case claiming that another party is violating the agreements under the WTO, and can have significant economic impacts. Currently, Indonesia is involved in 15 cases as a complainant, 15 as a respondent, and 49 as a third party.5

Indonesia’s national government debt reached USD 528.3 billion in December 2023.6 Its external debt was 38.6 per cent of GDP as of the start of 2024.7 This debt has significantly decreased since the late 1990s, and has remained relatively constant over the past decade. It is lower as a percentage of GDP than most other countries in ASEAN.8

Since 2015, the Government of Indonesia (GoI) has also made the development of Special Economic Zones (SEZs) a priority policy. This is part of a broader policy shift whereby the government is pursuing policies that make it easier for foreign investors to do business in Indonesia. By 2018, Indonesia had jumped to 72nd in the world in the World Bank’s Ease of Doing Business Index. As of 2022, there are 19 SEZs located across the archipelago from Java and its nearby provinces. These SEZs provide infrastructure and incentives to investors, such as tax relief. In 2023, Indonesia recorded USD 47.34 billion in foreign direct investment (FDI), an increase of 13.7 per cent.9 It has one of the world’s largest textile and garment industries, which generates over USD 13 billion in annual exports, and employs over 3 million workers.10,11

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Unfair Labour Practices

Last Updated: 23/08/24

Free trade and market liberalisation have resulted in deregulation,1 and have had harmful impacts on the environment as well as on workers’ rights. SEZs primarily use informal employment systems, where workers are hired on a contract basis, keeping labour costs down and giving companies the power to fire at will.2 There has been a race to the bottom for profit maximisation, whereby companies have opened factories in areas with the lowest minimum wage requirements such as West, Central, and East Java and Banten. One survey by the Asia Floor Wage Alliance (AFWA) found that around 64 per cent of garment workers in Indonesia suffered unpaid layoffs and terminations.3 Women workers have been reportedly also subjected to sexual harassment and workplace violence at their places of work. The new Omnibus Law on Job Creation (No. 2/2022) has made labour relations even more flexible by promoting fixed term contracts (FTCs). Labour flexibilisation policies have increased child labour, limited workers’ access to social protection and services, circumvented laws including around minimum wage, suppressed freedom of association, and violated workers’ rights to decent work.

These injustices are compounded by gender pay gaps, ranging from a 13 per cent gap in formal employment to 63 per cent in lower wage and informal sector jobs.4 Informal workers, who are disproportionately women, also fall through the cracks in the existing safety net where it does exist, and there has been slow progress in signing up informal workers for their social security. By September 2019, only approximately 4 or 5 million out of 70 million informal workers had signed up for a government social security scheme. Additionally, workers are denied their rights to menstrual leave and maternity leave; the new Omnibus bill has enabled employers to classify these benefits as voluntary ‘breaks’ or ‘long breaks’, thereby making them unpaid.5

Many Indonesian workers, including women, continue to migrate abroad for employment. This phenomenon has a significant but often under recognised contribution to alleviating poverty, as well as providing employment and economic development. Remittances also make a contribution to the economy, which comprised 0.8 per cent of GDP and USD 9.96 billion in 2022.6 Indonesia has agreements with countries and territories such as Taiwan, Republic of Korea, Canada, Macau, Singapore, Japan, Saudi Arabia, and Timor-Leste for the regularisation of migrant labour abroad. However, in reality, many migrant workers have gone to countries outside of these specific pathways, particularly throughout the Gulf States region. In 2015, Indonesia imposed a ban on migrant workers to the Middle East due to labour abuses.7 This ban has since been lifted, but in the years it was in effect, it failed to stop migration. Workers instead migrated under other categories, such as Hajj visas, and recruiters engaged in contract substitution, recruiting for roles in the formal sector but employing people on arrival in the informal sector. These conditions made domestic workers in particular less safe. Unscrupulous recruitment agencies specifically targeted young women, withholding their documents, and in some cases forcing contraception or other health procedures on them, violating their rights to bodily autonomy and health. The confluence of these factors has also increased the risks and vulnerability of women to human trafficking.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Influence of Private Capital

Last Updated: 23/08/24

Indonesia has been pursuing Public Private Partnerships (PPPs) as a strategy to harness private capital for infrastructure development and other development goals since 2005.1 The original legal framework from that time was then changed in 2015 through Presidential Regulation Number 38 of 2015, which aimed to increase Indonesia’s openness to PPPs.2 At the moment, PPPs are being increasingly advocated for, particularly in the infrastructure sector, as a mode of recovering from the pandemic and increasing Indonesia’s international competitiveness.3 In infrastructure, efforts are being undertaken with the assistance of the World Bank to decrease the ‘reluctance’ of government actors to pivot from public works projects to PPPs.4

There is an increase in influence of private capital, including foreign capital, over the development trajectory of Indonesia. For example, between 2008 and 2017, only three out of 10 contracts awarded by the World Bank were granted to Indonesian companies. The rest went to foreign firms from Japan, China, South Korea, and Italy.5 Palm oil companies have been noted by Transparency International as being particularly susceptible to corporate capture, due to their political exposure, lack of transparency, conflicts of interests, and revolving-door politics.6 Research on the top 50 palm oil companies has indicated that revolving-door practices where business people sponsor politicians or political parties and then are appointed themselves are commonplace in Indonesia, meaning that there is no way of truly certifying that companies are free from illegal practices.7 Government lobbying takes place without monitoring, meaning that policies and regulations are increasingly favourable to the private sector.

The influence of private capital is also prevalent in the mining sector, where corporations act with impunity and despite court rulings against them. In one case, the company PT Tambang Mas Sangihe, an Indonesian subsidiary of Canada-based Baru Gold Group, is aiming to continue their operations to extract gold on Sangihe Island. Multiple courts have ruled against the company but they are continuing operations, and activists who have protested them have been arrested under politically-motivated charges.8 There has been a great deal of state repression of activists who mobilise against violations in the mining sector. Article 162 has been widely criticised by activists for ostensibly quashing all opposition to mining activities and undermining the rights of local communities.9 This article potentially violates the 2009 law on environmental protection. Corporations that mine nickel – a critical mineral – are failing to provide for free, prior, and informed consent of Indigenous Peoples, and are failing to conduct their operations in ways that do not violate human rights and sustainability guidelines.10 The Indonesian government has issued over 300 nickel mining permits to 12 companies as of 2023, including in regions such as Sulawesi, Papua, and West Papua.11

Indonesia has a Just Energy Transition Project (JETP) as of 2022, which is aiming to reshape the energy sector.12 This initiative is a large step towards privatisation, pushed by International Financial Institutions (IFIs) like the World Bank, opening up space for corporations to take control of Indonesia’s energy future. Private investors are pursuing their own interests in the aim of making the most profit, which has meant that only USD 1.3 billion from the estimated USD 95.9 billion projected for 2023-2030 is allocated for efforts at early phasing out of coal. As a result, civil society is heavily criticising the JETP, which threatens both a just transition for communities as well as the prospect of a renewable energy future.13

In 2022, Indonesia began its presidency of the G20. This was despite criticisms from civil society about corporate capture and the G20’s role in perpetuating global inequalities, the climate crisis, and injustice, in parallel to the country’s own domestic record of natural resource exploitation and human rights abuses.14 The neoliberal development model and enshrined corporate power promoted through the G20 has been noted to undermine democratic governance in the country.15

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Rising Inequality and Decreased Social Protections

Last Updated: 23/08/24

After the Asian Financial Crisis in 1997, income inequality significantly increased in Indonesia. The Gini coefficient, which is a statistical measure that aims to quantify how much inequality there is in terms of income and wealth,1 increased from 0.308 in 1999 to 0.413 in 2013, which was the highest recorded value in recent Indonesian history.2 A great deal of the benefits of economic growth have gone to the wealthiest 20 of the population, leaving behind the rest. Women report that some of the cause of this inequality is that most Indonesians are employed in small and medium enterprises, which have largely been unaffected by economic growth.3 This level of inequality has led to increased social rigidity, limited social mobility, and led to weak social stability. People with disabilities are among the most marginalised within the broader population, and are the most likely to live below the poverty line as a result of the continued prevalence of ad-hoc, charity-based as opposed to rights-based approaches.

In recent years, there have been some efforts to reduce income inequality and increase social spending. There has been a decrease in income inequality since 2015, but this decrease has since plateaued.4 Indonesia’s Palma ratio from 2010 to 2017 was 1.8, which means that the highest 10 percentile income group has 1.8 times more income compared to the income of the lowest 40 percentile income group in the country.

From 2010 onwards, the national government committed to keeping education expenditure high – as much as 20 per cent of government spending. Education is critical for social mobility and for supporting individual and collective development. However, health spending is still below what is needed to ensure that all people in Indonesia have access to quality health care. In 2009, a law was passed to require that 5 per cent of the national budget and 10 per cent of local government budgets go to the health sector. This requirement was abolished in August 2023, and is expected to have further impacts on health equity in the country.5 In 2014, the Jaminan Kesehatan Nasional (JKN) public health insurance scheme was implemented, aimed at providing universal public insurance, although this has suffered from uneven quality and progress.6 Some note that budgeted numbers also do not reflect the reality of investments in public services and infrastructure, because the government faces issues with implementation of spending targets.7 For people with disabilities, there are particular barriers to health. Although there is no legalised discrimination in terms of accessing healthcare, many hospital buildings are not accessible, and there is a lack of expertise among the medical community in treating people with disabilities.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Land and Resource Grabbing

Last Updated: 23/08/24

Indonesia is the host to many diverse ecosystems, such as sea and coastal systems, peat swamp forests, and other forests. Approximately one third of the population of Indonesia is employed in agriculture, and women are 30 per cent of these agricultural workers.1 Many farmers, approximately 60 per cent of farming households, are small land holders, who grow multiple crops such as paddy for household consumption and local sale.2 But there are vast inequalities in access to and ownership of land, both between the country’s wealthiest and the poor as well as on gendered ownership lines. Land ownership in Indonesia is among the most unequal in the world: 74 per cent of land is owned by 0.2 per cent of the richest people in the country.3

In terms of gendered inequalities, deeply-rooted patriarchal norms have restricted women’s control over and access to land. In 1993, women only owned 8.8 per cent of land in Indonesia. More recent statistics indicate that this divide may be narrowing: the National Land Agency (Badan Pertanahan Nasional/BPN) reported in 2020 that 24.2 per cent of land was registered under female ownership.4 Other contrasting statistics from Indonesia’s 2021 Voluntary National Review (VNR) indicate that among the agricultural population with land rights, women’s ownership of agricultural land was approximately 19 per cent. But there are smaller numbers of the female population overall who own land: 12.7 per cent of women are reported in World Bank statistics to own land alone.5 Barriers to women’s land ownership include unequal inheritance rights, uneven access to information, women’s roles and responsibilities in the domestic and care sphere, and lack of accommodation of the needs of women farmers.6

Communities report that throughout Indonesia, the rainforests are facing both illegal and legal land grabs, particularly for palm oil cultivation.7 The expansion of palm oil plantations has driven deforestation in Indonesia in recent decades. Palm oil is the largest type of plantation in the country, spanning approximately seven per cent of land area (13.3 Mha). This has had devastating effects on the land rights of indigenous and rural communities, as well as harmful effects on the climate and natural ecosystems of Indonesia.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Climate Crises

Last Updated: 23/08/24

There is high vulnerability to climate change in Indonesia, because the country has over 80,000 kilometres of coastline, 17,000 islands, high levels of biodiversity, and high population density in urban centres.1 Climate change is increasing the propensity for disasters such as landslides, forest fires, and flooding, exacerbating existing vulnerability to earthquakes, seismic shocks, and typhoons. Periodically, Indonesia will experience peaks in natural disasters, resulting in high levels of displacement and ecological impacts due to successive disasters and repetitive loss. Between January and March 2021, for example, there were at least 650 natural disasters, which displaced 3 million people.

Indonesia is responsible for 3.11 per cent of current global carbon emissions. In its Nationally Determined Contribution (NDC), which it submitted an enhanced version of in September 2022, Indonesia has established a target of 43.2 per cent conditional emissions reduction by 2030 (targets which would require external financial support) and 31.89 per cent unconditional emissions reduction (which Indonesia could achieve independently).2 The revised NDC includes various targets for 2030, specifically restoring 2 million hectares of peatlands and rehabilitating 12 million hectares of degraded lands. It also enhances the plan on adaptation. Other climate plans that Indonesia has outlined include more clean energy, developing a climate vulnerability index, and increasing resilience for disaster risk management. However, some civil society actors are concerned that Indonesia’s climate action plans are insufficient given the increase in coal usage.

Energy, specifically oil and gas, continues to be a major industry in Indonesia. Indonesia has had an oil and gas industry for over 100 years, and it is Southeast Asia’s primary liquid natural gas provider. In addition, it is also the fourth biggest coal producer in the world. Indonesia’s oil imports have increased in recent years3 and its coal production is also increasing, undermining its climate goals.

The clearing of forests for farming has also had a devastating impact on Indonesia’s natural environment and on Indigenous lands and sovereignty. Global Forest Watch has reported that 55 per cent of deforestation is in legal concession areas, but 45 per cent is occurring in protected areas where theoretically no exploitation is allowed. Overall, in 1990, there was 65.4 per cent forest cover, and today there is 48.4 per cent forest cover.4 Certain regions such as Riau are the main sites of tree cover loss, with four regions of the country responsible for 51 per cent of all tree cover loss.5 In Aceh, Riau, and Kalimantan, the main reason for deforestation is palm oil expansion, primarily by large corporations. This has led to loss of biodiversity; loss of livelihoods for rural and Indigenous communities who rely on the land; conflict with Indigenous communities; and environmental issues due to erosion.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Militarism and Conflict

Last Updated: 23/08/24

Over recent decades, Indonesia has decreased its spending on the military as a percentage of GDP from a high of 3.5 per cent in 1975 to a range of between 0.6 and 0.8 per cent, where it has hovered for around 20 years.1 However, at the end of 2023, the Government of Indonesia approved a 20 per cent increase in its military spending, to ‘respond to geopolitical developments’.2 Rising competition between the United States and China is dragging many governments in the region into these geopolitical tensions and power struggles, resulting in increased militarisation.

There has been a longstanding conflict over the status of West Papua, with its roots in factors including the denial of self-determination, the undemocratic integration of West Papua into Indonesia, settlement of other communities on Indigenous Papuan lands, and Indonesian military operations. There are both nonviolent and armed movements for Papuan rights, identity, and independence. Rather than addressing the many roots of this situation, the state has pursued increased development and infrastructure projects in West Papua. Reports have shown a deteriorating human rights situation and escalation of violence against Indigenous Papuans in both the regions of Papua and West Papua, including killing of children, disappearances, torture, and mass displacement.3 The number of people who have been displaced since 2018 is estimated at between 60,000 and 100,000 people. In response, UN human rights experts have called for investigations and for urgent humanitarian assistance and access, as access to the region is heavily restricted.4 The expression of views that support Papuan self-determination and rights is heavily restricted in Indonesia.5

The tourism sector and development of Special Economic Zones (SEZs) for tourism outside of Bali has also been associated with militarisation and human rights violations against local communities, including Indigenous Peoples. For example, the Mandalika project, located in Lombok’s West Nusa Tenggara Province, has a task force for settling land disputes that includes police and the provincial army. UN human rights experts have also raised the alarm that there has been intimidation of Indigenous Peoples in Mandalika to cede their lands, and have called for security forces to be removed from the task force.6 This project is implemented by State-owned enterprise Indonesia Tourism and Development Corporation (ITDC) and is primarily funded by the Asian Infrastructure Investment Bank (AIIB). This case demonstrates the links between militarisation, land grabbing, neoliberal development, and violations of Indigenous Peoples rights.

Other parts of Indonesia have recent histories of armed conflict, with enduring legacies in the present day. In Aceh, from the 1970s until 2005 there was an armed conflict between a separatist movement seeking Acehnese independence and the Indonesian military. This conflict was characterised by widespread human rights violations perpetrated by the Indonesian military against people in Aceh, including assault, torture, detention, murder, and gendered violations such as sexual violence. Although official numbers are contested, it is estimated that between 10,000 and 30,000 people were killed in the conflict in Aceh before the signing of the peace agreement in 2005.7,8

In 2004, Sumatra was devastated by the tsunami, which killed over 160,000 people. The destruction of the tsunami, and the urgent need for reconstruction and recovery, contributed to momentum for peace negotiations to end decades of armed conflict. In 2005, the parties signed the Helsinki Memorandum of Understanding (MoU), which committed the parties to the recovery and rebuilding of Aceh post-tsunami and also called for the creation of a Truth and Reconciliation Commission (TRC).9 However, many survivors have not still received justice or reparations to this day and many survivors of the armed conflict, particularly women survivors, continue to suffer from stigma and discrimination. The conflict has had prolonged impacts on the lives of women survivors of conflict, including physical and psychological trauma, stigma and discrimination, lack of access to reproductive healthcare and education, and barriers to participation in society. Thousands of women were widowed and tens of thousands of children were orphaned, and these women-headed households disproportionately live in poverty.10

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Patriarchal Authoritarian Governance

Last Updated: 23/08/24

The percentage of women in parliament in Indonesia has increased over the past 20 years, from 8 per cent in 2004 to around 21 per cent today.1 In some regional parliaments, these numbers are lower, and in the 2019 elections, no women were elected in 25 out of 167 of district parliaments. These low numbers reflect the urgent need for progress in advancing women’s leadership and participation in decision making. For example, in Aceh, when the Sharia law was implemented, women were most affected by the law’s personal status provisions but were least involved in decision making around it. These systematic and cultural barriers that hold back women’s leadership also limit women’s access to credit and loans, exacerbating inequalities in access to land and entrepreneurship.

In recent years, state actors have imposed militarised tactics and modes of repression on social movements, including targeted repression of trade unions and striking workers. The labour movement historically played a significant role in the democratisation and anti-authoritarian movements in Indonesia.2 However, on 23 January 2018, the national army and police signed an MoU to strengthen the army’s role in suppressing labour disputes and demonstrations. This has infringed on the free expression of workers and their rights to collective bargaining.3 Trade union membership has also been on the decline in recent years in Indonesia. The International Trade Union Confederation rates Indonesia as having ‘no guarantee of rights’, due to lack of adequate protections and strict regulation of the freedom of association and right to collective bargaining. This is despite the fact that since 1998 the International Labour Organisation (ILO) Convention 87 on Freedom of Association and Protection of the Right to Organise has been in force in Indonesia.4

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Indonesia

Patriarchal Structures and Norms

Last Updated: 23/08/24

There remain significant cultural and structural barriers to achieving women’s human rights and gender equality in Indonesia. Indonesia is ranked 110th in the UNDP Gender Inequality Index, indicating that there is significant progress that must be made to achieve gender equality and SDG 5. Maternal mortality is higher than the regional average, with 177 deaths per 100,000. However, there also remain large regional divides across the country in terms of human development and gender equality, both in terms of material realities and attitudes. For example, in surveys asking women about their level of decision-making about their own bodies in terms of sex and contraception and secondly, on reproductive healthcare, in Central Kalimantan 42.6 per cent and 55.1 per cent of respondents respectively indicated they had autonomy over these kinds of decisions, and in Aceh only 15.1 per cent and 23.1 per cent respectively.1

Anti-gender discourses are on the rise in Indonesia, impacting both men’s and women’s attitudes towards women’s human rights and reinforcing patriarchal violence, structures, and norms. The rate of child marriage has declined in Indonesia, but 16.3 per cent of women aged 20-24 years old were married or in a union before the age of 18.2 The prevalence of this phenomenon is higher in rural areas, and among women with lower levels of education and in lower-income houses.3 In one dispiriting survey, there was an increase in the percentage of women who believe that a husband is justified in using violence against his wife – 32 per cent in 2017, up from 24.8 per cent in 2003.4 Many women also report that they do not believe they are justified in refusing sex from their husbands.5 Reported rates of gender-based and intimate partner violence remain lower than the region as a whole. However, this has been described as an ‘iceberg phenomenon’ as there is significant underreporting.

Gender disparities are extremely visible in the labour market and economy. Patriarchy is the driving force behind gender-based occupational segregation, leading women to accept poorly-remunerated jobs with less decision making power. The female literacy rate in Indonesia is 95.7 per cent for women over 15 years of age. However, the labour force participation rate among women in 2022 was only 52.7 per cent, as opposed to nearly 30 percentage points higher for men at 80.6 per cent in the same year.6

The gap in the labour force participation rate, particularly in the formal sector, can be explained by many factors including discrimination, limited choice of jobs for women, absence of supportive facilities, and cultural attitudes and norms that discourage women from working outside the home. Female unemployment overall is listed at only 3 per cent in 202278, but women report that this relatively low number does not paint the whole picture. For example, far more women than men are in vulnerable forms of employment: respectively, 58.3 per cent to 43.4 per cent as of 2021.9 There are low wages and poor working conditions in female-dominated industries like housekeeping, hotels, restaurants, and wholesale and retail trade. Women in these sectors often have limited access to contracts, worker unions, and fair work agreements. These reports also show that women with disabilities face double discrimination: 40.11 per cent of women with medium levels of disability were working and 31.99 per cent with severe disabilities. For men, these numbers were 82.69 per cent and 69.59 per cent respectively.

References

International Treaties/Conventions - Indonesia

What Has Indonesia
Committed To?

Indonesia is required to include the provisions of international treaties and conventions in its constitution and other relevant laws and enforce them. The country has ratified or acceded to the following treaties and conventions on human rights.1,2,3
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CED - Convention for the Protection of All Persons from Enforced Disappearance
    27 Sep 2010
  • CRPD - Convention on the Rights of Persons with Disabilities
    30 Mar 2007
    30 Nov 2011
  • CMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
    22 Sep 2004
    31 May 2012
  • CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    24 Sep 2001
    24 Sep 2012
  • CRC-OP-SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    24 Sep 2001
    24 Sep 2012
  • CRC - Convention on the Rights of the Child
    26 Jan 1990
    05 Sep 1990
  • CAT - Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
    23 Oct 1985
    28 Oct 1998
  • CEDAW - Convention on the Elimination of All Forms of Discrimination against Women
    29 July 1980
    13 Sep 1984
  • CCPR - International Covenant on Civil and Political Rights
    23 Feb 2006 (a)
  • CERD - International Convention on the Elimination of All Forms of Racial Discrimination
    25 June 1999 (a)
  • CESCR - International Covenant on Economic, Social and Cultural Rights
    23 Feb 2006 (a)
  • ILO 29 Forced Labour Convention
    12 June 1950
  • ILO 87 Convention on Freedom of Association and Protection of the right to Organise
    09 June 1998
  • ILO 98 Convention on Right to Organise and Collective Bargaining
    15 July 1957
  • ILO 100 Convention on Equal Remuneration
    11 Aug 1958
  • ILO 105 Abolition of Forced Labour Convention
    07 June 1999
  • ILO 111 Discrimination in Employment and Occupation Convention
    07 June 1999
  • ILO 182 Worst Forms of Child Labour Convention
    28 March 2000
  • ILO 187 Promotional Framework for Occupational Safety and Health Convention
    31 Aug 2015
Last Updated: 25/08/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.4

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.5

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.6

References

Recommendations - Indonesia

Women’s Priority Issues & Recommendations

Developed in 2019 by: Forum Komunikasi Masyarakat Berkebutuhan Khusus Aceh Young Women Unit (FKM-BKA YWU), the Communication Forum of Community with Special Needs in Aceh – Young Women Unit)
recommendations for indonesia
Last Updated: 25/08/24

SDG 8: Decent Work

People with disabilities in Indonesia are far from reaching equality in access to economic and social participation. Women with disabilities experience multiple barriers to accessing decent work due to the gendered dimensions of disability, poverty, and lack of accessibility. There is insufficiently accurate data on people with disabilities at both the national and regional levels, particularly data disaggregated by gender and type of disability. Despite this, people with disabilities are more likely to be poor, particularly in urban areas. Further, many of the self-reported primary labour sectors for PwDs include agriculture, household business, services, and unpaid family workers.

People with disabilities experience multiple forms of discrimination in the labour market. For example, one worker in Aceh with a physical disability to his legs struggled to obtain an education because the university buildings were not accessible to him. He was rejected for many employment opportunities that he was qualified for, due to his disability. When he did ultimately find a job, it paid below minimum wage. This story is reflective of the compound struggles which people with disabilities are faced with throughout their lives.

Unequal access to quality education is also a root cause of the inequalities and marginalisation that PwDs experience later in life. Schools which are specifically designated for students with disabilities lack teachers with adequate training and skills in disability-sensitive education. PwDs also report that they have engaged in programmes to learn livelihood skills, such as computer and sewing, but these programmes do not always contain follow-up measures that would support finding jobs.

The Government of Indonesia provides specific social protection benefits for people with disabilities, namely, ASODKB (Social Assistance for People with Severe Disabilities). The aim of this program is to ensure that the basic needs of individuals with severe disabilities are met, particularly for those who are unable to access decent employment. However, there is also a need for strong policies and affirmative action to address these barriers. Regulation No. 8/2016 provided some quotas of one and two for people with disabilities to be employed, respectively, in the private sector and civil service. Implementation of this quota law should be strengthened to enhance access to employment and align with the UN Convention on the Rights of People with Disabilities (UNCRPD).
SDG 11: Make cities and human settlements inclusive, safe, resilient and sustainable
Equitable development planning requires the active participation of communities and responsiveness to their needs, particularly the needs of marginalised communities. These include people in poverty, survivors of violence, and people with disabilities who are often excluded or sidelined from mainstream development plans. People with disabilities have the right to live independently and participate fully in all aspects of life, per article 9 of the UNCRPD. This specific article outlines their rights with regards to accessibility of transportation, facilities, and other public services.

In Aceh, the most common forms of transportation are modified trucks, pedicabs, and buses, as well as multi-purpose vehicles. However, bus routes are not fully accessible to people with physical disabilities or others with accessibility needs. For example, PwDs report that the ramp is too steep for entering buses; there is no space for a wheelchair on the bus; and there is too large of a distance between buses and the bus platform.

Further, per a 2016 assessment of buildings in Aceh, it was found that many overall had very low accessibility. This assessment analysed the state of accessibility in 81 buildings, including public services offices, hospitals, clinics, pharmacies, markets, educational institutions, and public facilities. It examined factors such as ramps, handrails, toilets that were disability-friendly, and more. However, only 37.7 per cent of the buildings were equipped with these elements, and only 51.3 per cent of hospitals – absolutely essential sites for accessing health needs – had them. In response to this unjust reality, it is necessary to expand the participation of women and people with disabilities in urban planning and decision making.

General Recommendations

  • Provision of accurate, disaggregated data:

    The government must provide accurate disaggregated data of people with disabilities to improve regional and national development planning.

  • Streamline implementation of policies:

    The government should streamline and properly implement policies, namely Musrena and Regulation 8/2016 about disability rights, at the village, sub-district, regency and other government levels.


Recommendations on Goal 8 – Decent Work

  • State and Local Government

    • Implement minimum wages: In accordance with the governor’s decision, the minimum wage must be implemented by all companies in Aceh.
    • The state government and local government should establish a department to monitor the implementation of minimum wage and living wage in the country and different regions.
  • National and State Government

    • Enact policies to protect domestic workers: The government should enact a policy to protect domestic workers from labour exploitation such as low pay, poor working conditions, and long working hours. Set standard wages and working hours for domestic workers.
    • Implement existing quotas for disabled workers: The government and private agencies must implement the quota policy related to disabled workers, which is one per cent for the private sector and two per cent for the civil service (regulation 8/2016 and 7/2014).
    • Provide training centres for people with disabilities for economic training and activity that will enhance their skills and knowledge, improving their employment prospects. Also ensure that there is follow-up on implementation of plans for people with disabilities, to sustain their skills and increase their job prospects.
    • Provide scholarships for children with disabilities and children of parents with disabilities to access good education.
    • Expand inclusive education and inclusive schools, with appropriate curriculum and educators who are well-equipped to teach people with disabilities.
    • Improve the labour market participation of women to achieve equal numbers of labour participation. In Indonesia, women tend to take more caring responsibilities than men at home. Therefore, increase government spending on formal care for children and elderly during the working hours. This strategy will decrease the gender pay gap, address the unpaid care work that women do, and increase equality in labour participation rates.
    • Implement labour rights of women in the workplace. These include maternity leave, meeting the minimum wage, and other protections.
    • Decrease disparities between protections for temporary and permanent work. Do this by: improving social protection related to optimum working hours, health insurance, pension, and working environment safety. This will ultimately boost career prospects and reduce the inequality between formal and informal workers.

Recommendations on Goal 11 – Make cities and human settlements inclusive, safe, resilient and sustainable

  • Implement accessible public services:

    Ensure that public services are available and accessible to people with different types of disabilities.

  • Allocate funds for plans for people with disabilities at village level

    At least one per cent of village revenues (Dana Desa) should be allocated for plans and activities geared towards people with disabilities and marginalised women’s needs in the community.

  • Increase participation of people with disabilities in policy and decision-making

    through a quota for people with disabilities to engage in urban planning and decision making at the village, sub-district, regency and provincial levels.


Further Recommendations

Recommendations from a Feminist Participatory Action Research on Climate Justice by the Indigenous women of Pargamanan Bintang Maria, Parlilitan, in North Sumatra, Indonesia and Kelompok Studi dan Pengembangan Prakarsa Masyarakat (KSPPM),2022, APWLD1

  • Local Level:

    Issue a district regulation on the recognition of Indigenous communities: The district government of North Sumatra must issue a district regulation on the recognition and protection of indigenous communities along with their customary forest and natural resources as stipulated by the Constitutional Court No.35/2012 and ensure its implementation as a way to guarantee the protection of the rights of indigenous communities over their customary lands.

  • National Level:

    • Respect and implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The government of Indonesia must be consistent and committed in achieving its Nationally Determined Contribution by protecting the rights of Indigenous communities over their customary forests, and to recognise Indigenous women as significant counterparts in the efforts towards climate justice. The government of Indonesia must respect and implement the United Nations Declaration on the Rights of Indigenous Peoples and ensure Indigenous Peoples’ right to self-determination and Free, Prior and Informed Consent (FPIC) on projects that may affect them or their territories.
    • Revoke the concession of PT. Toba Pulp Lestari (TPL). The government of Indonesia should revoke the concession of PT. Toba Pulp Lestari (TPL) and remove the company from the PBM customary land.
  • Regional Level:

    Build a strong network of rural and indigenous women. Feminists and grassroots women’s movements must build a strong network of rural and indigenous women disproportionately affected by climate change to strengthen cross-regional solidarity in their collective struggles for the advancement of women’s human rights, including their right to a safe, clean and healthy environment.

  • Global Level:

    Developed countries must pay for their historical and ongoing responsibility to the worsening climate crisis. These countries must create mechanisms to enable direct access to climate financing for indigenous women to support community based climate solutions instead of the false climate solutions. These false climate solutions include the carbon market mechanism that violates women’s human rights and displaces Indigenous Peoples from their lands and territories.


Recommendations from a Feminist Participatory Action Research on women’s labour rights by women garment workers in three areas of Central Java - Kawasan Industri Wijayakusuma (KIW) (Semarang city), Klaten and Karangjati (Semarang regency), supported by garment workers union Federasi Serikat Buruh Indonesia (FSBPI) in Indonesia, 2023, APWLD2

  • Government of Indonesia:

    • Withdraw the new Omnibus Job Creation Law, No. 2/2022, as per the amendments made by Indonesia’s Constitutional Court.
    • Implement recovery measures to protect workers terminated during the COVID-19 pandemic without any legal dues and benefits.
    • Regulate the private sector to respect and commit to international labour and human rights standards and effectively implement the national labour law to protect the rights of the SEZs workers.
    • Ensure that everyone has the right to adequate social protection.
    • Extend the coverage of social protection systems, implying a full-time work relationship in order to safeguard workers from the financial ramifications of social risks, such as illness, old age, workplace accidents and job loss to prevent and alleviate poverty and maintain a decent standard of living.
    • Protect workers’ rights in the SEZs by ensuring proper payment of overtime work, bonus payments and minimum wage requirements.
    • Ensure proper implementation of the National Human Rights Action Plan (RANHAM) 2021-2025, and encourage SEZ industries to promote policies for the protection of women workers.
    • Ensure the implementation of the Local Regulation of Central Java Province Number 2/2021 to protect women workers within the SEZ areas of Central Java. This regulation aims to prevent violence and discrimination against women and provide access to justice and remedy, including counselling services and compensation for economic losses for victims.
  • For existing workers’ unions:

    • Create a strong alliance in Central Java. This alliance should become a new solidarity-building model amongst women workers and workers in the labour movement in Central Java, which so far has not touched on the specific issues experienced by women workers.
    • Strengthen women’s participation and leadership in the trade unions to create a workspace without gender-based discrimination for all workers.

References

Accountability - Indonesia

Based on the specific challenges and problems faced by women and communities in Indonesia, women’s rights’ organisations have demanded accountability from local and national governments by highlighting several concerns. These have primarily focused on People with Disabilities (PwDs), who are one of the most marginalised communities in Indonesia. These broadly include:
accountability for indonesia
Last Updated: 25/08/24

Decent work for all, including for people with disabilities (PwDs)


Equitable and accessible public facilities and infrastructure


References

Accountability - Indonesia

Sustainable Development: Structures of Accountability

Last Updated: 04/09/24

In 2017, Presidential Law No. 59/2017 institutionalised the SDGs for the first time into national law. Indonesia reported that it had achieved several of the targets of the Millennium Development Goals (MDGs), for example by implementing universal, basic nine-year education nationally. It is building on these developments through its SDG implementation.

Indonesia has three types of development planning: 20-year, five-year, and one-year plans, coordinated by the Ministry of National Development Planning / National Development Planning Agency. These plans are the basis for formulating the annual budget, and they incorporate Sustainable Development Goals and targets from the 2030 Agenda.1 The current medium-term plan is in place for 2020-2024.2 The current 20-year development plan is nearing its conclusion, having been implemented for the period 2005-2025. The government reports that the SDGs will also be incorporated into the new 20-year plan (2025-2045) which is being drafted.

Thus far, Indonesia has submitted three Voluntary National Reviews (VNRs) in 2017, 2019, and 2021. The 2021 VNR focused on ‘Sustainable and Resilient Recovery from the COVID-19 Pandemic for the Achievement of the 2030 Agenda’. It highlighted four specific priorities for reform: social protection, national health, disaster resilience, and a final sector of industry, tourism, and green economy investments. In the last VNR, Indonesia reported that the national poverty rate declined between 2015 and 2019 but increased again due to the pandemic, most notably affecting women, people in rural areas, and the elderly.3 The Gini ratio also increased due to the pandemic. In response, Indonesia reported that it further increased social spending. It also indicated that other challenges Indonesia faced as a result of the pandemic included economic contraction, decreased purchasing power, increased unemployment and poverty, and overstretched health services.

There are numerous other challenges that more systematically hinder the achievement of the SDGs and gender-responsive implementation. Women report that local governments have low knowledge around gender equality and gender programming, so their implementation of these aspects can be weak. The concerns and needs of people with disabilities are also largely absent from development planning. In some provinces, the local government actors are increasingly collaborating with civil society, which is beneficial for strengthening implementation.


References

Case Study - Central Java, Indonesia

Women Workers in Central Java SEZs Fight for their Labour Rights

Last Updated: 23/08/24

In Central Java, women garment workers are suffering from the impacts of market liberalisation and deregulation, which are undermining their rights to decent work and social protection.1

Indonesia has one of the largest textile industries in the world, and this industry is a major export market for the country. It is Indonesia’s single largest employer, employing 3.7 million workers, many of whom are women.2

In garment factories, there are large scale violations of workers’ rights and an increased trend towards labour flexibilisation through the use of insecure fixed-term contracts. The desire to increase profits has led factory owners to impose arbitrary and high work targets, leading to longer working hours. Workers are subjected to arbitrary and unjust layoffs, non-payment of wages, and uncertainty from their status under fixed-term contracts. In addition, they are frequently denied their legal rights to social protection, such as maternity leave and menstrual leave, and denied social security benefits such as health insurance and pension coverage. This situation worsened during the pandemic, when the use of short-term contracts increased. Workers face limited ability to push back through collective bargaining.

In response to these violations, women garment workers from Special Economic Zones (SEZs) in three areas of Central Java came together in solidarity to conduct a Feminist Participatory Action Research (FPAR).3 In the face of pressure and threats from their employers, they came together in a workers’ collective, and conducted a research study as a strategy to reach out to more women workers, learn about their conditions, and understand their views about potentially joining workers’ collectives. In this work, they connected with other women workers and their family members, educated them about the potential benefits of labour organising, and developed materials for workers to disseminate and reach out to others. The women are calling for the withdrawal of harmful labour laws such as the Omnibus Job Creation Law No. 2/2022, government regulation of the private sector, and for corporations to respect their rights as workers.

Source

Case Study - Simataniari Village, Parlilitan Sub-District, Indonesia

Indigenous Women Struggle for their Rights to Land

Last Updated: 23/08/24

Indigenous women in the Pargamanan-Bintang Maria (PBM) community of the Batak indigenous group, located in Simataniari Village, Parlilitan Sub-District, are advocating for legal recognition of their customary land rights.1

The failure to recognise Indigenous Peoples’ collective land rights has paved the way for exploitative economic development projects, in spite of constitutional obligations to guarantee decent lives and a healthy environment. From the early 1990s onwards, some lands have been claimed by the government under Law No. 41/1999 on Forestry, which denied Indigenous land ownership and allowed concessions for corporations.

Pulp and paper company PT. Toba Pulp Lestari (TPL) was granted concession rights to 737 hectares of community land. TPL operations have destroyed benzoin incense forests to convert use of the land for the cash crop eucalyptus. This has impacted the local climate, leading to a longer dry season as well as intense flooding, which has affected harvests. As a result, there has been a substantial decline in incomes for Indigenous people. Corporate activity has also increased chemical contamination of soil and groundwater; harmed biodiversity; worsened the climate crisis by destroying old growth forest; impacted sustainable food production and small scale farming; and impacted Indigenous People’s identities by destroying their connections with the environment.

The Indigenous Peoples of Pargamanan-Bintang Maria have struggled to reclaim their customary forest.

Corporations have used a number of tactics to quell Indigenous community resistance to their practices. Patriarchal norms have also historically held back women from accessing and owning land, as well as participating in decision making – factors which have harmed the ability of communities’ to fight back against corporate tactics. Through a Feminist Participatory Action Research (FPAR) in 2022, women developed an Indigenous Women’s Group to build their solidarity and knowledge of state climate policies and develop their collective demands for climate justice and Indigenous rights.2 In addition, it strengthened their capacity for public speaking, understanding of government policy, ability to find alternate sources of income, and access to credit. The group’s activities have also included the formation of a credit union to expand their access to capital for agriculture, as well as tree planting.

This group’s efforts helped Indigenous women increase their participation in community discussions and decision-making. The women’s group is now actively participating in their community’s campaign to reclaim their customary lands from TPL and to resist further land grabbing. Two PBM women’s group members have become administrative leaders in the community as a result of their solidarity and movement-building. Together with other community members, they developed plans to advocate with relevant government institutions for the recognition of Indigenous Peoples’ rights to lands, territories and resources and contribute to overall efforts on climate change mitigation and adaptation.3

Source

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Cambodia

Finance, Trade and Investment Agreements

Last Updated: 26/08/24

In recent decades, particularly since the mid-1990s, increased economic growth in Cambodia has been driven by industries such as the garment industry, fueled by Foreign Direct Investments (FDIs). Although this has generated some economic growth, this growth has primarily benefited urban populations in the wealthy and middle classes, while poverty remains pervasive in rural areas. The country underwent multiple phases of privatisation measures throughout the 1990s1 and became a member of the World Trade Organization (WTO) in 2004.2 Joining the WTO has further propelled a neoliberal development model in the country. Cambodia is a member of the ASEAN Free Trade Area (AFTA) and the Regional Comprehensive Economic Partnership (RCEP). Bilaterally, it has a Trade and Investment Framework Agreement with the United States, signed in 2006, and Free Trade Agreements (FTAs) implemented as of 2022 with China and the Republic of Korea. In 2023, it signed an FTA with the United Arab Emirates.3 Cambodia is not currently involved in any trade disputes.4

Subsequent to Cambodia joining the WTO, Special Economic Zones (SEZs) began to be established in the mid-2000s. The development of SEZs was intended to promote industrial and economic diversification, encourage investment in Phnom Penh, increase international competitiveness and link urban and rural areas economically.5 As of 2024, Cambodia has over 50 SEZs, and a 2020 study found that SEZ workers comprised 22 per cent of the overall formal labour force.6 SEZs have a highly gendered impact, as the overwhelming majority of workers in SEZs are women.7 There are widespread violations of Freedom of Association (FOA) within SEZs, with union members facing violence, intimidation and discrimination. The COVID-19 pandemic also significantly affected workers’ rights and livelihoods. By early 2021, approximately 265 garment factories suspended operations, resulting in unpaid wages, union busting, mass dismissals and lack of health protocols for remaining workers.8

The garment industry employs over one million workers in Cambodia, many in SEZs, and exports garments to markets primarily in the US and European Union (EU). The ‘Everything But Arms’ (EBA) initiative and Generalised System of Preferences (GSP) provide trade privileges to Cambodia for these markets.9 Japan is also a major importer of Cambodian garments and footwear. Approximately 90 per cent of the garment sector workers are young women, who are employed as line workers and sewing machine operators. Many of these workers are between 15 and 35 years old and come from poor provinces in Cambodia. Underdevelopment in rural areas, lack of opportunities and decent work and growing inequality all fuel internal and foreign migration.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Cambodia

Workers’ Rights

Last Updated: 26/08/24

Although Article 36 of the Constitution of 1993 provides equal access to employment regardless of sex, women and rural workers experience a great deal of underemployment. The official unemployment rate in Cambodia is low, but 73 per cent of workers are in vulnerable employment, and one in three are in poverty.1

The garment industry has poor working conditions that rely on low-cost labour, lack of regulation and long working hours. There is no legally mandated national minimum wage, but there are statutory minimum wages that can be imposed by the Ministry of Labour and Vocational Training for particular industries. One of these is the garment, textile and footwear industry, for which the minimum wage was established in 2020.2 However, there is low enforcement of the minimum wage requirements, and this wage remains below the recommendation of the Asia Floor Wage regarding decent wages.3 Occupational injuries more than doubled between 2008 and 2017, and half of the working population works in excess of 48 hours per week. As a result of violations, the European Commission withdrew some of the tariff preferences for Cambodia in 2020.4

In addition, workers are denied their rights to social security and social protection. Employers frequently circumvent maternity laws (which provide for 90 days of paid leave and then two months of light work) through the imposition of short-term contracts. This mode of labour flexibilisation mirrors patterns seen elsewhere in Southeast Asia.

Cambodia is also a sending country for migrant labour abroad. Women are over 35 per cent of migrant workers, whose main destinations are Thailand, Malaysia, Republic of Korea, Singapore and the Gulf countries. These workers are employed primarily in sectors such as domestic work, construction, agriculture, manufacturing, entertainment and hospitality. Women suffer from lower wages due to gender and other discriminatory pay gaps, but also remit more of their income home to Cambodia.5

Sub-decree 190 on Management of Sending Cambodian Workers Abroad is the regulatory framework for migrant workers. There is an association of Cambodian recruitment agencies which manage the recruitment process. The Ministry of Labour and Vocational Training is the governmental body that regulates labour migration, and Cambodia has a number of bilateral agreements and Memoranda of Understanding (MoUs) with labour destination countries. However, workers are subjected to harmful practices and there is little evidence of implementation of these regulations. In addition, recruitment agencies are responsible for violations against workers. These include: delays in sending workers abroad; withholding travel documents like passports; intimidation for complaints. During the early days of the COVID-19 pandemic, many workers faced abrupt contract termination, including in Thailand, and were forced to return to Cambodia. There were 90,000 returned workers by May 2020.6

The right to FOA in Cambodia has been curtailed, limiting workers’ ability to respond to harmful working conditions. There has been retaliation for unionisation, as well as violent confrontations between unions, security forces and factory workers. Workers and activists have faced arrest, termination of employment and some have even been killed. The trade union law that was passed in 2016 has faced extensive criticism from Cambodian and international civil society for imposing limits on the right to strike and for imposing minimal penalties for unfair labour practices. This law is a reason why there have been fewer strikes and cases heard by the labour arbitration council in the period following its adoption.7

Abuses also extend to other industries beyond garments, textiles and footwear. For example, police arrested and assaulted striking workers and union members in their action following mass layoffs by the NagaWorld Casino in late 2021.8 The Office of the United Nations High Commissioner for Human Rights (OHCHR) released a report in 2023 about how 100,000 people have been enslaved in Cambodia to carry out online scams.9

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Cambodia

Influence of Private Capital

Last Updated: 26/08/24

Since the mid-1990s with liberalisation and privatisation, Cambodia has also been pursuing Public-Private Partnerships (PPPs), including in the sector of infrastructure for electricity and transportation. It adopted an initial regulatory framework in 1998 to regulate PPPs, the Build-Operate-Transfer Sub-Decree 11. This framework has since been modified further through updates in 2016 and 2021, with the 2021 adoption of the Public Private Partnership Law. In many sectors, 100 per cent foreign investment is permitted.1

Thirty four PPP projects closed between 1990 and 2021, with a total investment of USD 4.5 billion.2 A large proportion (23 out of 34) of these were in electricity. Other projects were in sectors such as airports, information and communications technology, railways and roads.3

The gifting and sale of natural resources such as lakes to private companies and individuals has also been done for the purpose of encouraging more private development.4 Authorities have cracked down on activists who have protested these developments and the gifting away of lands and water resources for private profit.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Cambodia

Land and Resource Grabbing

Last Updated: 26/08/24

Conflicts over land and resources are a major barrier to achieving Development Justice in Cambodia. As Cambodia is a member state of ASEAN and took part in economic integration in 2015, the government is prioritising fostering economic activities and enhancing regionalisation and growth. Adversely, the implementation of the 2012 Economic Land Concession policy has caused widespread land grabbing and conflicts between local people and companies.

The land conflicts have occurred particularly in rural areas that are rich in natural resources and which are economic development zones. However, land grabbing is perpetuated largely with impunity, as there is a weak justice system that fails to provide an adequate dispute resolution mechanism. As a result, this has an adverse impact on livelihoods and communities, and also weakens public participation and trust. Land grabbing for the purpose of development projects has also resulted in water pollution, deforestation, soil degradation and loss of biodiversity.

There is an ongoing case where families have been forcibly evicted from the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage site at Angkor. This was done under the pretext of it being a requirement for retaining UNESCO World Heritage status, despite the fact that there had been no such warning from the United Nations (UN).1 These families had lived there for several generations, and were not consulted, but the government claimed that they were moved under a ‘voluntary’ relocation scheme.2

Land grabbing poses significant risk to the environment in Cambodia, as well as to the rights of Indigenous Peoples and the urban poor. Private development is spurring the destruction of lakes and wetlands including around Phnom Penh. As a result, there are increased flood risks, posing threats to housing, livelihoods and stability for communities. Community groups have mobilised extensively against logging as well as draining of water resources. In response, there have been threats against Indigenous activists, increased militarisation among illegal loggers, and arrest of environmental defenders. Although environmental and land defence movements have succeeded in some cases in halting logging – such as in Phnom Tamao forest – these gains took place after hundreds of hectares of land had already been cleared.3 In one case in 2020, environmental activists from Mother Nature Cambodia were arrested for protesting the privatisation of a lake.

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Cambodia

Climate Crises

Last Updated: 26/08/24

Cambodia has consistently been ranked amongst the 10 countries that are most vulnerable to climate change. It is also one of the poorest countries in the world. Over the past few decades, Cambodia has been witnessing a steady increase in temperature and continual droughts, which have pushed its poor farmers to the brink of desperation. Additionally, the country’s large indigenous population — whose land and resources are sustained by weather-dependent agriculture — is currently under attack by neoliberal development projects. Corporate forces engaging in rubber plantations, hydropower ventures and transnational railway projects seek to control land and rivers, thereby leading Cambodia’s internal war against its Indigenous Peoples. Relentless land and natural resources grabbing have made its already poverty stricken population more vulnerable to climate change.

Cambodia updated its Nationally-Determined Contribution (NDC) in 2020.1 This document aligns itself with other key strategies, such as: Cambodia’s Sustainable Development Goals (CSDGs) 2016-2030 (2018); The National Strategic Plan on Green Growth (NSPGG) 2013-2030 (2013); The Rectangular Strategy IV (2018); and The National Strategic Development Plan (NSDP) 2019-2023 which was under development at the time of adoption. In its NDC, Cambodia adopted an emissions reduction target of 41.7 per cent by 2030 compared to the business-as-usual scenario outlined in the document. In the updated NDC, it included new climate mitigation targets in the agricultural and waste sectors, and also developed detailed actions in various sub-sectors. It set the target of halving the deforestation rate by 2030, in the Forestry and Land Use Sector. The NDC also contains some focus on gender and vulnerable groups. The adaptation and resilience areas that have been outlined in the NDC include: agriculture, coastal zones, education, energy, health, infrastructure, tourism, water and youth.2

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Cambodia

Militarism and Armed Conflict

Last Updated: 26/08/24

The modern history of Cambodia has been deeply intertwined with the history of the wider Southeast Asia region, which has experienced armed conflict, colonialism, political unrest and disputes for many years. Geopolitical turmoil has resulted in Cambodia being affected by decades of armed conflict, killing millions of people and deeply impacting communities.1 Cambodia experienced a civil war between 1967 and 1975 between the Khmer Rouge and the forces of the Kingdom of Cambodia (subsequently the Khmer Republic) which was supported by the United States. This was part of the broader Second Indochina War, which also impacted Laos and Vietnam. Several hundred thousand people were killed in the war. Following the war, the Khmer Rouge imposed a programme of relocation to labour camps, where there were mass executions and forced labour. This killed 1.5 to 2 million people, nearly 25 per cent of the overall population of Cambodia at the time. The Khmer Rouge were defeated in 1979.

These conflicts, like all conflicts, had gendered dimensions. More men than women were involved as combatants and more men were killed in battle, leaving the post-war adult population between 60 and 64 per cent women and establishing women-headed households.2 Furthermore, forced marriage increased in prevalence during the conflict period, and decades of conflict impaired social networks and family structures.3

The Comprehensive Cambodian Peace Agreements were signed in 1991, bringing an end to the Cambodian-Vietnamese War and the Third Indochina War. These agreements had the goal of reestablishing Cambodian sovereignty, negotiating a path to reconciliation, and establishing a democratic Cambodia that respects human rights and fundamental freedoms. Women were not present in these official talks, although several were involved as informal mediators. These talks also led to the deployment of a UN peacekeeping mission, the UN Transitional Authority in Cambodia (UNTAC). This period came with impacts to Cambodian people’s health and wellbeing, including a significant rise in the sex industry, the spread of HIV/AIDS, and sexual harassment, exploitation, and assault by peacekeepers.4,5 However, in this period, women also played key roles as leaders in peacebuilding and politics. Women-led civil society organisations have been at the forefront of nonviolent conflict transformation, demanding good governance and accountability in government, advancing women’s political participation, and working to include human rights in the constitution of the country.6 Women’s groups took the initiative to hold public consultations about the constitution, which was one factor that led to human rights and equality provisions being included within it.7

Following an agreement between the Cambodian government and the UN, and delays of many years, courts were established to try the former Khmer Rouge leadership for their responsibility in perpetrating the Cambodian genocide. These courts are known as the Extraordinary Chambers in the Courts of Cambodia (ECCC) and are a UN-assisted national court, with international participation of prosecutors and judges.8 These trials began in 2008 with the appearance of Nuon Chea, the second in command. From 2010 onwards, different members of the Khmer Rouge leadership have been convicted for crimes against humanity.9

As in neighbouring Vietnam, past legacies of armed conflict continue to harm Cambodia today. It is one of the most mine-affected countries in the world, posing a threat to safety, post-conflict reconstruction and development. Unexploded ordnance and landmines fill the Cambodian countryside, and have piled up from World War II through the 1990s.10 Approximately 20,000 people were killed by exploding landmines and other ordnance between 1979 and 2022, and dozens are still killed every year. As a result, there are also tens of thousands of people with disabilities due to amputation.11 Four million landmines have been removed so far, but efforts are still ongoing. In order to make Cambodia mine-free, Cambodia has made this an 18th SDG: ‘End the negative impact of landmines and Explosive Remnants of War (ERW)’.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Cambodia

Patriarchal Authoritarian Governance

Last Updated: 26/08/24

A structural barrier to Development Justice in Cambodia has been the prevailing political system, which is characterised by authoritarian rule and a lack of rule of law. In the current political climate, such barriers include: limited space for citizen and Civil Society Organisation (CSO) engagement, numerous restrictive laws and policies relating to CSOs and freedom of speech, threats against activists, attacks and murders of Human Rights Defenders (HRDs), the non-separation of powers and a lack of an independent judiciary. Critics of the ruling party are regularly accused and imprisoned on false allegations. In addition, there is a lack of independent media being able to freely operate in the country. This climate has contributed to an environment where there is a lack of accountability for implementing the SDGs in Cambodia.1

The repression of civic space, political opposition and dissent has intensified in the past decade. Women Human Rights Defenders (WHRDs) and land defenders face threats both from authorities as well as from private companies. The UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Committee reported on the failure of Cambodia to protect one rural WHRD from forced eviction, and found that this instance included multiple rights violations.2 There was a significant increase in repression in 2017 that continued throughout 2022.3 In 2023, this situation further deteriorated in the lead-up to the national elections, and there was an increased crackdown on opposition, independent media, land defenders, civil society and trade unions. The former prime minister – in office since 1985 – passed on power to his son, current prime minister Hun Manet, who has been in power since 2023.4

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Cambodia

Patriarchal Structures and Norms

Last Updated: 26/08/24

Traditional patriarchal gender norms and customs stand as structural challenges for gender equality in Cambodia. For example, women’s mobility and participation in decision-making and politics are severely restricted. Deeply rooted gender norms prevent people from working together to advance gender justice. While women account for more than 52 per cent of the total population, women’s participation and representation in decision-making spaces is extremely low. For example, in the Cambodian parliament, women comprise only 13.6 per cent of the overall number of Members of Parliaments (MPs). Youth are also severely underrepresented, with only 8 per cent of MPs under 45 years of age.1 In a political context, duty-bearers need to respond to citizens’ needs. In this regard, women leaders at the sub-national level face disproportionate challenges in meeting the needs of their constituencies because they have limited access to financial resources, which are dominated by their male counterparts.

Women in Cambodia also face the impacts of patriarchal structures and norms that continue to subordinate them. The maternal mortality rate has improved significantly over the past two decades, from 606 per 100,000 in 2000 to 218 per 100,000 in 2020. However, it is still higher than the regional average.2 A higher rate of girls complete lower secondary school than boys (67.5 per cent versus 57.1 per cent), but adult literacy is lower among women than men. Additionally, women’s labour force participation rate is only 69.5 per cent compared to 82.4 per cent for men.3 Child marriage also is a persistent problem that limits girls’ freedoms and human rights. Available data shows that 19 per cent of girls are married before the age of 18, but this is higher in some provinces, for example in Mondulkiri and Ratanakiri provinces where as high as 36 per cent of girls are married before 18.4 Over 30 per cent of women reported having experienced some form of intimate partner violence.5 There are a variety of barriers to leaving abusive marriages, with weak legal protections.6

References

International Treaties/Conventions - Cambodia

What Has Cambodia
Committed To?

List of international treaties/conventions that Cambodia is signatory to:1
treaties/conventions for cambodia
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CAT - Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
    15 Oct 1992 (a)
  • CAT-OP - Optional Protocol of the Convention against Torture
    14 Sep 2005
    30 Mar 2007
  • CCPR - International Covenant on Civil and Political Rights
    17 Oct 1980
    26 May 1992
  • CED - Convention for the Protection of All Persons from Enforced Disappearance
    27 Jun 2013 (a)
  • CED, Art.32 - Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance
    27 Jun 2013
  • CEDAW - Convention on the Elimination of All Forms of Discrimination against Women
    17 Oct 1980
    15 Oct 1992
  • CERD - International Convention on the Elimination of All Forms of Racial Discrimination
    12 Apr 1966
    28 Nov 1983
  • CESCR - International Covenant on Economic, Social and Cultural Rights
    17 Oct 1980
    26 May 1992
  • CMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
    27 Sep 2004
  • CRC - Convention on the Rights of the Child
    15 Oct 1992 (a)
  • CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    27 Jun 2000
    16 Jul 2004
  • CRC-OP-SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    27 Jun 2000
    30 May 2002
  • CRPD - Convention on the Rights of Persons with Disabilities
    01 Oct 2007
    20 Dec 2012
  • C029 - Forced Labour Convention, 1930 (No. 29)
    24 Feb 1969
    In Force
  • C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
    23 Aug 1999
    In Force
  • C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
    23 Aug 1999
    In Force
  • C100 - Equal Remuneration Convention, 1951 (No. 100)
    23 Aug 1999
    In Force
  • C105 - Abolition of Forced Labour Convention, 1957 (No. 105)
    23 Aug 1999
    In Force
  • C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
    23 Aug 1999
    In Force
  • C138 - Minimum Age Convention, 1973 (No. 138) Minimum age specified: 14 years
    23 Aug 1999
    In Force
  • C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
    14 Mar 2006
    In Force
Last Updated: 04/09/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Cambodia

Women’s Priority Issues & Recommendations

The following information and recommendations were developed by SILAKA (2017)1,2, and Workers’ Information Centre (2023)3
recommendations for cambodia
Last Updated: 26/08/24

In 2016, SILAKA assessed the statistical capacity of the Government of Cambodia in terms of monitoring the Sustainable Development Goals (SDGs) indicators. In this assessment, it was shown that many of the indicators require increased statistical capacity for monitoring progress, including on Goals 5, 8, 13 and 16.

SDG 5: Addressing barriers to women’s participation in politics and responding to Gender-based Violence (GBV)

The main challenge facing implementation of SDG 5 in terms of promoting women in politics is the persistence of laws and policies that restrict the equal participation of women in politics and decision-making. As a result, women only comprised 20.33 per cent of the National Assembly and 17.8 per cent of decision-making bodies at the commune level, numbers which have further decreased as of 2023 with only 13.6 per cent of the overall Cambodian parliament being composed of women. The government does not use a quota system, so there is a need for affirmative action to amend those laws and policies in cohesion with CEDAW.

Violence against women and sexual and reproductive health and rights are also major concerns. Different data is provided by the communes, health centres and police, which result in inconsistencies and lack of adequate information. In most cases, women do not have access to justice due to social norms that prevent them from reporting incidents. These same social norms result in their complaints not being taken seriously, an unfriendly complaint system for women and girls, and a lack of support services including safety houses. A lack of resources for gender-equality work at the local level is also a major challenge.

Based on these realities, SILAKA is engaging with the Ministry of Women’s Affairs to provide further data on SDG implementation and to encourage deeper cooperation with the Civil Society Working Group on Gender, which was created by participants in the workshop hosted by SILAKA in 2016.

Recommendations to the Government of Cambodia on SDG 54

Developed by SILAKA (2017)

  • Raise awareness about the SDGs in Cambodia

    and the process of SDG localisation.

  • On civil society engagement and protection of civic space:

    • The government should increase local investment on gender justice and create a monitoring and evaluation framework to assess government policy, laws and regulation for their effectiveness in meeting the needs of women, girls and other marginalised groups at the grassroots level;
    • Increase support and collaboration with Cambodian Civil Society Organisations particularly in terms of capacity development, exchange of experiences, best practices, information sharing and financial resourcing;
    • Promote a meaningful and effective engagement mechanism with civil society by : a) encouraging the government to reinforce key policies and partnerships with civil society, especially through the Government Development Partner Coordination Committee, Comprehensive Development Framework and Annual NGO and Government meetings, and b) supporting the Implementation of the Social Accountability Framework (ISAF) implementation and monitoring and increase the ability of citizens to monitor the performance of local service providers;
    • Conduct Regular Meetings/Discussions: There should be: a) a regular reflection between representatives from civil society organisations and United Nations Country Team (UNCT) or United Nations Agencies’ representatives (e.g. every six months), b) increased harmonisation between traditional donors such as the European Union, United States Agency for International Development (USAID), Japan, and the United Nations, and non-traditional donors (China, South Korea, etc.) in supporting civil society;
    • Create an enabling environment for civil society by establishing and promoting clear mechanisms for protecting free expression and other human rights. Fully protect and promote human rights, especially the rights to freedom of expression, assembly, association and speech and to fulfil recommendations made in the Universal Periodic Review; and
    • Ensure that all stakeholders are meaningfully engaged within the process of SDG localisation and implementation.
  • On reform of policies and legal frameworks:

    • Ensure policy cohesiveness: Review the Current United Nations Development Assistance Framework (UNDAF) and ensure alignment in planning, implementation and monitoring related to SDGs;
    • Publish data on SDGs to ensure accountability at the national and sub-national levels;
    • Promote the United Nations Guiding Principles on Business and Human Rights in multi-stakeholder initiatives and in all key projects and programmes involving bilateral cooperation and ensure agreement with civil society organisations;
    • Adopt a law reforming the legislative process that can facilitate the consistency, transparency and accountability of law drafting processes and contents. Urge the Cambodian government to ensure that any new laws may only be adopted after a transparent legislative process that meets international human rights standards and ensures meaningful consultations with all relevant stakeholders; and
    • Amend existing laws and articles that are not in compliance with international standards, such as by fulfilling recommendations made in the Universal Periodic Review.

Recommendations on SDG 8 - Strengthening Workers’ Rights in Garment Factories and SEZs

Developed by Workers’ Information Centre (2023)5

  • Recommendations to the Ministry of Labour and Vocational Training

    • End the practice of hiring workers with Fixed Duration Contracts (FDC), to fulfil workers’ rights to full employment and job security;
    • Improve the quality of public transport for workers. Coordinate with the Ministry of Public Works and Transport to improve the quality of public transport for workers to ensure safety, security and accessibility of these services;
    • Ensure that garment workers are provided with living wages that cover the basic needs of workers and their families;
    • Ensure that Special Economic Zones (SEZs) companies provide equal remuneration and annual incremental increases in wages for women workers;
    • Regulate businesses in SEZs and ensure they protect workers’ rights. Optimise the labour inspection mechanism to monitor and provide regular feedback. The inspector’s responsibility should include supervision of the authority zone, and the Ministry should ensure that the zones’ authority and employers fully respect and protect workers’ rights; and
    • Strengthen labour inspection mechanisms. Involve independent trade unions, labour organisations, women’s rights organisations, civil society organisations and media in the labour inspection mechanism to strictly monitor and implement labour standards in SEZs.
  • Recommendations to the Government of Cambodia

    • Include household debt within poverty metrics. Different relevant ministries should take into account household debt as one of the impacts of poverty and must take effective measures to prevent the over indebtedness of SEZs workers. Some of these measures should include: regulation of interest rates for loan / debt repayment; regulation of social market services; regulation of companies to ensure decent work standards including living wages and universal social protection; and making formal financial institutions accessible for women workers; and
    • Improve access to the National Social Security Fund (NSSF) in order to improve workers’ access to the public health care system and strengthen the public health service within Health Centres at community level. The current system is inaccessible as it is located far from women’s homes or living spaces and provides poor quality health services which forces workers to seek support from private hospitals.

References

  • 1 Founded in 1997, SILAKA works primarily to promote gender equality in public governance and politics. Its goal is to promote the implementation of democracy in Cambodian society for sustainable development which includes economic development, including caring for the environment, and social justice. This research was carried out by SILAKA as part of an eight country project on Monitoring and Review of the SDGs with the Asia Pacific Forum on Women, Law & Development (APWLD).
  • 2 SILAKA & Asia-Pacific Forum on Women, Law and Development. (2017). Monitoring and Review of the Sustainable Development Goals & Development Justice. APWLD. https://apwld.org/wp-content/uploads/2017/04/SILAKA.pdf
  • 3 Workers’ Information Centre & Asia Pacific Forum on Women, Law and Development. (2023). Women Garment Workers Demand the Protection of Their Human Rights in the Special Economic Zones of Cambodia. APWLD. https://apwld.org/wp-content/uploads/2023/09/Country-Briefer_Cambodia.pdf
  • 4 SILAKA & Asia-Pacific Forum on Women, Law and Development. (2017). Monitoring and Review of the Sustainable Development Goals & Development Justice. APWLD. https://apwld.org/wp-content/uploads/2017/04/SILAKA.pdf
  • 5 Workers’ Information Centre & Asia Pacific Forum on Women, Law and Development. (2023). Women Garment Workers Demand the Protection of Their Human Rights in the Special Economic Zones of Cambodia. APWLD. https://apwld.org/wp-content/uploads/2023/09/Country-Briefer_Cambodia.pdf
Accountability - Cambodia

accountability for cambodia
Last Updated: 26/08/24

Based on the specific challenges and problems faced by women and communities in Cambodia, women’s rights organisations have demanded accountability from local and national governments by highlighting several concerns. The priority is SDG 5: Achieve gender equality and empower all women and girls, and the below section also contains recommendations on SDG 8 on decent work.


References

Accountability - Cambodia

Sustainable Development: Structures of Accountability

accountability for cambodia
Last Updated: 04/09/24

When the Sustainable Development Goals (SDGs) were first adopted, the Ministry of Planning underwent a process of holding meetings and planning workshops. There are 19 technical working groups which are the primary mechanisms for localising the SDGs. Each one is chaired by a relevant ministry that is in charge of the particular thematic issue. The working groups also include development partners as co-facilitators, and local NGOs and other ministries are members. Regarding SDG 5 on gender equality and women’s human rights issues, the Technical Working Group on Gender coordinates with the Ministry of Women’s Affairs. Although there was engagement through these processes, there has not necessarily been strong results, due to irregular meetings, too many participants and a lack of monitoring and evaluation of the technical working groups. As a result, women report that local NGOs’ feedback has not been reflected in policy papers and reports, and therefore insufficiently taken into consideration.

Cambodia has done two Voluntary National Reviews (VNRs), one in 2019 and one in 2023. These VNRs were led by the Ministry of Planning. The goal of Cambodia’s development efforts is to become an upper middle income country by 2030, and a high income country by 2050. In 2021, Cambodia met the Least Developed Country (LDC) graduation criteria for the first time, and may graduate from this status in 2027.

In its 2023 VNR, Cambodia reported that it has made progress on various goals, including SDG 7 on energy, SDG 11 on sustainable cities and communities, SDG 12 on responsible consumption and production, SDG 4 on education, SDG 5 on gender equality, SDG 10 on inequality and SDG 17 on partnerships. In addition, due to the specific context in Cambodia and the ongoing devastating impacts of landmines and unexploded ordnance, Cambodia has developed an 18th goal. This goal is ‘End the negative impacts of mines and Explosive Remnants of War (ERW);. In the VNR, Cambodia recognised the need to make further progress on SDG 8, 9, 15, and to further assess SDGs 1, 2, 3, 6, 13, 14 and 16. Some of the major development highlights have been doubling the access to drinking water and sanitation between 2010 and 2022, and tripling access to electricity, clean fuel and bank accounts for average households.


References

Case Study - Svay Rieng province, Cambodia

Fighting for the Rights of Garment Workers in Cambodia’s SEZs

Last Updated: 26/08/24

The Cambodian garment sector is notorious for poor working conditions and widespread labour rights abuses, including in Special Economic Zones (SEZs)1. One such zone is the Manhattan SEZ in the Svay Rieng province, which is large in area and contains 25 different companies.

In response to the conditions they were facing, women workers in the Manhattan SEZ came together and organised themselves into a core group to document the precarious working conditions in three factories: SHEICO (Cambodia) Co., LTD, JIFAS, OK Garment (Cambodia) and San Feng Factory (Cambodia) Company Limited.

In their documentation, women workers found that many workers are being placed on short-term contracts, which limits their potential job security and their access to social security and social protection schemes. Even though Cambodia has labour laws to protect workers’ rights, in practice, there are numerous cases where companies are not complying. For example, workers identified that production targets increased from 1,200 to 1,800 pieces per day in an eight-hour shift, and unpaid overtime was increased by two hours. This violates the labour law, which stipulates that employers must pay 150 per cent of regular wages for overtime work performed in the day and 200 per cent of overtime work undertaken at night.2 As a result of the low wages and insecure employment, garment worker households have rising debt levels. The ‘private’ nature of SEZs is also resulting in restrictions on unionisation. Because these zones are identified as private spaces, the Zone Manager needs to provide permission for Non-Governmental Organisations (NGOs) and trade unions to enter. In Cambodia, some existing unions also are not as strong as they could be, and even enjoy a comfortable relationship with management.

Documenting these violations is a first step towards working to address them. Despite the restrictions and barriers to organising, women workers are coming together to strategise about how to gain allies and wider support. This cross-factory organising is a critical part of building power to secure labour protections.

Source

Case Study - Kbal Romeas, Cambodia

Indigenous Women Resist Dam Construction and Forced Eviction

Last Updated: 26/08/24

In Kbal Romeas, the construction of the Lower Se San II Dam that blocks the two major rivers, Sre Pok and Se San, is posing serious environmental and social threats to the community.1

The villagers have been resisting displacement from their ancestral land, but nearly 80 per cent of the people have been coerced to move elsewhere. Dam construction has resulted in drastic changes to the lifestyle and livelihoods of Indigenous communities. For example, there have been losses in areas for fish to lay eggs and other natural resources, resulting in harms to livelihood and income. Because cultural and spiritual identities are rooted in the land, identity and culture have also been affected, with the dam inundating key cultural markers in the village. Dam construction has also limited access to public services such as healthcare, schools and road construction.

In response, the women from the community have been documenting their own experiences of the dam construction and its impacts. The collective has been mobilising local women to resist against the dam project and demand justice for Indigenous Peoples. They are also meeting with various stakeholders, including the local government in Stung Treng to be able to continue living in their village without forced relocation. Some of what they are advocating for include Free, Prior and Informed Consent (FPIC), the government keeping promises to communities, and ensuring respect for national and international laws regarding Indigenous Peoples’ Rights.

Source

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Burma / Myanmar

Finance, Trade and Investment Agreements

Last Updated: 01/09/24

Even before the attempted coup and resurgence of armed conflict in 2021, Burma/Myanmar had the lowest per capita income of all ASEAN countries of USD 1,100, in comparison to USD 83,000 in Singapore.1 In 1996, the military government began the process of opening up the economy for international trade, although it also retained control of many natural resources projects under state-owned enterprises. In 2013 the government adopted a Foreign Direct Investment (FDI) policy and it further opened up to economic investment in 2016 with the lifting of sanctions. These policy changes led to significant growth in Burma/Myanmar’s garment export industry. Factories in Burma/Myanmar have supplied key global brands such as H&M, C&A and Muji.2 Garment exports are approximately six times larger than in 2010, primarily to the European Union (EU).3 However, these developments have precipitated land confiscation under the guise of development, and corporations have also subjected factory workers to labour rights violations, poor working conditions and low wages.

The attempted coup and COVID-19 pandemic both had significant impacts on the garment industry. As many as 350,000 workers lost their jobs in the 18 months between early 2020 and mid-2021.4 Several hundred factories ceased operations at different periods in the past few years, with worker shortages as workers moved abroad or between factories for higher pay.5 In 2021, over 400,000 workers were laid off.6 Approximately 85 per cent of industry workers were estimated to be women in 2018, which was around 11 per cent of the total female workforce in Burma/Myanmar. The garment industry is / has been a source of employment for young women from rural areas who migrate to larger population centres for work, including from Ayeyarwady region, Bago region and Rakhine state. However, many women workers face workplace sexual harassment, bullying and other violations in the factories.7

Burma/Myanmar workers have the lowest minimum wages in the region, and women workers make less than men due to persistent discrimination.8 These earnings are often insufficient to live, and many workers are even denied this paltry wage.9 Women also make up a lower proportion of managerial and supervisory roles as compared to their representation in the workforce.10

Burma/Myanmar has signed and ratified bilateral investment agreements with China, India, Japan, South Korea, Laos, the Philippines and Thailand. It has also signed bilateral investment agreements with Israel and Vietnam, but these have not yet entered into force as of February 2024.11 Since the attempted coup in 2021 and emergent armed conflict, the economic situation has evolved and sanctions have been imposed by actors including the United States, the European Union and the United Kingdom to limit military action and imports of items like fuel.12 These realities have also been impacted by the economic ramifications of the COVID-19 pandemic.

Chinese companies, including those that mine copper, charcoal and silver, are also operating in the country, and there are several ongoing projects for dam construction, mining, oil and gas, and mega development initiatives. Companies such as Pin Pat Steel Company in Hopone township, Tigyit Coal Mining in Pinlaung township in Southern Shan State and Letphadaung copper mine in Sagaing Division are resuming their activities, after having been stopped during the civilian government. However, there is some research indicating that Chinese investments such as the Chinese Belt and Road initiative can have a negative economic impact on Burma/Myanmar. Specifically, it could impact people living in corridors where river-related infrastructure development, deforestation and changing land use will be imposed, inducing flooding, sedimentation and pollution.13

As a consequence of the COVID-19 pandemic and the coup in 2021, there has been a general reduction in sales of goods, shortages in cash flows, and reduced access to banking and internet services.. These developments affected 1.6 million people in the industrial workforce in Burma/Myanmar. Rural farmers were also affected by the armed conflict, and garment and construction industries suffered large year-on-year employment losses.3

Despite widespread violations of workers’ rights, union organising is heavily restricted and repressed in Burma/Myanmar. In 2023, workers reported three times as many labour rights violations than in the previous year.14 Many of the complaints appear to be against Chinese-owned factories. There is also reportedly a lack of oversight, while junta-affiliated labour officers have driven down wages, busted unions and have created a lack of accountability for managers, who are increasingly using militarised tactics and deploying military soldiers to intimidate workers.15

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Burma / Myanmar

Influence of Private Capital

Last Updated: 01/09/24

Crony politics is rampant in Burma/Myanmar, with the influence of private capital deeply intertwined with the iron grip of military governance. Cronyism is the norm in industries such as cement, mining, energy, telecommunications, large agricultural plantations and airlines. The Burma/Myanmar Economic Cooperation (MEC) and Burma/Myanmar Economic Holding Limited (MEHL) are the main sources of funding for the Tatmadaw military junta.1,2

The construction of offshore oil and gas pipelines and other infrastructure – enabled through cronyism and corruption – has contributed to human rights violations including forced labour, forced relocation, land grabbing and other abuses. Coal plants such as the Tigyit coal and power plant are allowed to continue operating, despite the fact that they have had impacts such as forced relocation, loss of livelihood, health impacts from air pollution and noxious gases such as rashes and reproductive health damage. The enabling of corporate expansion through development projects and plantations disproportionately impacts women and girls. This is for a variety of factors, including existing gender gaps in women’s access to land and economic marginalisation, as well as in terms of gendered health impacts. Lack of judicial independence means that harmful actors are not held accountable for abuses.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Burma / Myanmar

Land and Resource Grabbing

Last Updated: 01/09/24

Burma/Myanmar is rich in natural resources but has been severely impacted by seven decades of civil war, resulting in malnutrition, hunger, lack of healthcare and education, and grabbing of resources for the profit of elites without redistribution. Massive tracts of land have been grabbed by the military government and its cronies, as well as militias. In 1996, the military authoritarian government opened up the economy for international trade, but retained most control of natural resources under state-owned enterprises. The military expanded their land confiscation campaigns in 2005 and 2006. In 2010, the government adopted some reforms, but still applied the prevailing 1894 land law, which continued the enabling of land grabs in Central Burma/Myanmar and ethnic regions such as Irrawaddy. The 2012 revised land law has, in practice, resulted in businessmen and cronies profiting from land formalisation, fueled by complex land registration processes that privilege large business actors rather than communities.

Land grabbing and environmental destruction have worsened due to the increased activities of transnational corporations and foreign investments in Burma/Myanmar. The military junta signed new deals with Chinese mining, copper, charcoal and silver companies. The military junta continues to benefit from the revenue from oil and gas companies from South Korea, Thailand and the United States that operate in Burma/Myanmar.1 These mega projects are causing land grabbing and worsening inter-ethnic conflicts that displace communities.

The confiscation of land is also enabling the continuation of the current armed conflict, as extracting resources is the way for the military to buy weapons and ammunition in lieu of tax revenues. The military holds the power to take control of villagers’ resources, including through levying of arbitrary taxes and pillaging. Land grabbing over time and burning villages has resulted in thousands of people being displaced and becoming Internally Displaced Persons (IDPs) and refugees, rendering many stateless and separating families.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Burma / Myanmar

Climate Crises

Last Updated: 01/09/24

Burma/Myanmar was the world’s second most affected country from climate change between 2000 and 2019.1 It is ranked second in the 2021 Global Climate Risk Index (out of 183 countries) in terms of vulnerability to extreme weather events, including heatwaves, floods, cyclones, droughts and rising sea levels.2 Approximately 40 per cent of the population is estimated to be vulnerable to climate change, environmental degradation and disaster risk. Drought is the most severe environmental risk facing Burma/Myanmar.3

The situation in Burma/Myanmar exemplifies how climate change can be exacerbated by harmful and oppressive governance, even in countries which are not responsible for a high percentage of historical carbon emissions. The impacts of climate change in Burma/Myanmar are rooted both in global shifts as well as local governance, natural resource use and conflict. The military is perpetrating widespread deforestation for resource extraction in order to finance their weapons and war against opposition movements. This is building on longer term cycles of resource exploitation, including deforestation and unregulated mining, led by military-linked militias and businesses. These activities are polluting waterways, leading to landslides and destroying forest cover.4 There are no regulatory or environmental oversight mechanisms, and the military perpetrates violent repression of civic space for social and environmental movements, which limit the ability of communities to fight back. The military also plans to revive hydropower dam plans and palm oil plantations.5

The Government of the Republic of the Union of Burma/Myanmar submitted its updated First Nationally-Determined Contribution (NDC) in July 2021. Burma/Myanmar’s total emissions reductions contributions as a part of its NDC are 244.52 million tCO2e unconditionally, and a total of 414.75 million tCO2e, subject to conditions of international finance and technical support by 2030.6 The NDC focuses on two different areas: a) Increase the adaptive capacity of vulnerable communities and sectors so that they are resilient to the adverse impacts of climate change, and b) Create and maximise opportunities to pursue a low-carbon growth pathway by ensuring development benefits to communities and all economic sectors.7 It covers sectors such as energy, agriculture, forest and land use. The NDC states that it was developed with development partners and with inputs from civil society.8 However, the implementation context for the NDC is challenged by the ongoing armed conflict and military governance.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Burma / Myanmar

Militarism and Armed Conflict

Last Updated: 01/09/24

Communities in Burma/Myanmar have experienced decades of armed conflict and civil war, with disproportionate impacts on ethnic and Indigenous communities. For most of the post-colonial era, the military regime has neglected socioeconomic development of ethnic minorities, and has promoted natural resource extraction and grabbing of Indigenous lands. As a result of this oppression, there is a longstanding armed conflict between the military (Tatmadaw) and ethnic armed groups, with impacts on women and young people. There have been three main causes of civil war and ethnic conflict: inequality (inequality among majority and minority, inequality of power sharing, inequality of resources sharing), ‘Burmanisation’ (Burma chauvinism oppressing other minority groups with centralised power) and dictatorship. The Rohingya ethnic, religious and linguistic minority in Rakhine State has suffered violence, attacks and violations by the military for three decades, and are deprived of rights to citizenship and free movement. These attacks and treatment of the Rohingya have been considered to constitute crimes against humanity or genocide. Over one million Rohingya remain in refugee camps in Bangladesh.

Many ethnic minority groups, such as Shan people, migrated to Thailand and the Burma/Myanmar border region following historical cycles of repression and violence, creating a large community in Northern Thailand. In 2007, at least 503,000 Internally Displaced Persons (IDPs) were still living near the Thailand- Burma/Myanmar border; 99,000 in the eastern Burma/Myanmar jungles; 109,000 in relocation sites and 295,000 in ethnic ceasefire zones. Many of these individuals living in Thailand remain stateless and have limited access to basic human rights because of a lack of Thai legal protections for refugees and asylum seekers.

The peace process between 2011 and 2015 was negotiated largely by men, with only four women serving in senior negotiation delegations. Women were excluded from decision making in other sectors, such as ceasefire implementation and monitoring. This is despite the existence of UN Security Council Resolution 1325 (2000) on Women, Peace and Security and commitments on women’s meaningful participation in peace processes. Despite these challenges, women civil society actively campaigned for a gender-inclusive process.

After a decade of transition towards a more democratic model, the military refused to accept the results of the November 2020 election, and seized power on February 1st 2021. They have detained civilian leaders and cracked down violently on protests throughout the country. The military has been perpetrating widespread violations of human rights law and international humanitarian law against its opponents, including indiscriminate airstrikes and attacks in populated areas, arbitrary arrest and torture, unfair trials, extrajudicial killings, raids and burning, Sexual and Gender-based Violence (SGBV) and other violations of fundamental human rights. The Tatmadaw junta has overseen mass detention and killing of protesters and opposition movements, widespread internet shutdowns and forced relocation.

Opposition groups are fighting back against the military junta to achieve a federal democratic union, self-determination and equality between groups on the basis of non-discrimination. The fighting between military and armed opposition groups has intensified as of October 2023, with over 600,000 people being forcibly displaced since October. One alliance of non-state armed groups launched an offensive in October 2023 to seize military bases, checkpoints and border crossings in northeast Burma/Myanmar. Overall, 2.6 million people had been forcibly displaced by the end of 2023. Approximately a third of the population is in need of humanitarian assistance, and armed conflict is increasing the prices of food and fuel and limiting access to basic services like healthcare and education. Humanitarian aid is severely lacking, particularly in rural and areas with ethnic populations.

On 10 February 2024, the military junta announced that every man and woman who are above 18 years and under 27 years for women and 35 years for men, must enlist for military service within two years. Ethnic armed groups are also actively recruiting for their ranks. Many refugees are fleeing Burma/Myanmar to neighbouring countries. According to the information of the Assistance Association for Political Prisoners (Burma) (AAPP) on 5 March 2024, the following are numbers of people who joined anti-coup movements that have been have been killed (4,644), arrested (26,221), detained (20,156), and children killed (367), children arrested (603) and sentenced with death penalty while in detention (8,828). More than 5,416 women have been arrested by the military junta. According to AAPP’s statement, women were subjected to sexual violence during the Spring Revolution under the military coup.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Burma / Myanmar

Patriarchal Authoritarian Governance

Last Updated: 01/09/24

Burma/Myanmar is ruled by a combination of de facto actors as of 2024, with some areas controlled by the military and others controlled by Ethnic Armed Organisations / Ethnic Resistance Organisations, especially in Karen State, Kachin State, Shan State, Rakhine State, Chin State, Kayah State, and some areas of Mon State and Sagaing division. Burmese militarised nationalism has historically oppressed marginalised ethnic and religious groups. Shan, Pa-O and other ethnic groups for example, have been subjected to forced assimilation into Burmese nationalism and have had their culture and traditions suppressed by the military.

The constitution of Burma/Myanmar guarantees a range of fundamental rights to its peoples. For instance, Article 354(d) grants rights to communities to develop their own language, culture and customs. However, realising these rights require that Indigenous communities such as Pa-O people have access to schools, hospitals, transportation and other basic facilities, which is lacking under military rule. The constitution also enshrines the principles of equal rights between men and women and the right against discrimination in Chapter 8. However, in practice, women are regularly discriminated against in education, employment and other walks of life. For instance, women are required to have higher scores than men to enter medical school. Many political parties have different and higher criteria for women to get a ticket to contest elections. Indigenous women are doubly affected by these discriminatory policies, on account of being women and Indigenous.

Living in rural, conflict-affected areas, indigenous women face a higher degree of socioeconomic and political exclusion as well as violation of their human rights enshrined in the constitution.1

Authoritarianism, patriarchy and militarism go hand-in-hand in the governance of Burma/Myanmar. Militarism is enshrined in the constitution, privileging military actors for positions of power. Article (6) of the Constitution preserves “enabling the Defence Services to be able to participate in the national political leadership role of the State” by automatically taking 25 per cent of unelected parliamentary seats. The Global Justice Center described Burma’s constitution as having established ‘Permanent Gender Apartheid’ due to the fact that the constitution reserves top offices for men such as Commander-in-Chief and several ministry positions e.g., Ministries of Defence, Home Affairs and Border Affairs.2 It means that those three ministries are automatically inaccessible to any non-Tatmadaw personnel.

From 2010 to 2020, Burma/Myanmar underwent a democratic transition with economic, social and political reforms. However, there was no significant change to the situation of women in the country.3 Women’s participation in decision making at the local and national levels remains extremely limited; it increased only from 10 per cent to 15 per cent between the 2015 and 2020 elections.4 Women from rural areas lack access to education, and men lead household decision making. Some women’s organisations, initiated by the Gender Equality Network (GEN) and their alliances, tried to advocate for the adoption of the Prevention and Protection of Violence Against Women (POVAW). In the POVAW bill, there are 12 chapters and 72 articles. Women’s groups have been advocating for this bill for many years, as well as for stronger language, as the bill lacks full compliance with international norms5 and had gaps such as exclusion of transgender and gender-nonconforming people, intersectionality and SOGIE (Sexual Orientation, Gender Identity and Gender Expression).6

Thousands of people have been arrested and detained in Burma/Myanmar since the coup.7 The military deploys torture, rape, slavery, murder and forced displacement as tactics to suppress the opposition. As of 2021, the Criminal Procedure Code and Penal Code contains provisions which are contributing to the repression of activism and expression in Burma/Myanmar. Changes to sections 121 and 124a in 2021 have expanded the scope of which activities constitute high treason and sedition, resulting in it being easier to convict individuals for criticising the military.8 Sections 124c and 124d criminalises activities that hinder the work of the military or government employees, and section 505a criminalises activities that undermine the morale of military or government employees – broad-based restrictions that make it easy for the military to penalise activism and dissent.9 Because some locations are under martial law, cases involving these offences can be heard by military tribunals and the maximum sentence has been increased to death or life imprisonment with hard labour. The Burma/Myanmar military junta has imposed new addendums to the Counter-Terrorism Law,10 which expand their authority to repress and surveil the opposition under the guise of countering terrorism. Such surveillance powers include the ability to intercept, monitor, cut off and restrict communications.11 There are also expanded penalties for acts linked to terrorism.12

The junta has extended the state of emergency multiple times and failed to meet its commitment for holding elections in 2023.13 In this situation, women-led civil society reported that there have been difficulties advocating for gender equality and women’s rights, as civil society actors largely prioritise ending military rule above all else. However, building a genuine democracy is only possible with gender equality and liberation for women. Women in the country, particularly young women, are also leading protests against such oppression, and are being targeted for resisting. More than a thousand women have been arrested by the military regime and are being held at unknown locations, with reports of being subjected to sexual abuse during interrogation.14

Governance systems among different communities in Burma/Myanmar also reflect patriarchal dominance. For example, within the Mali Nmai Zup community, women are largely excluded from decision-making spaces and leadership is male and deeply patriarchal in its attitude.15 The 1967 Kachin Customary Laws treat men and women’s rights unequally: for example, Indigenous women have limited inheritance rights, because land and property are passed down the male line. This decreases women’s control over economic resources, which in turn depletes their overall power and voice in decision-making in their families and communities. The armed conflict and military dictatorship has deepened the patriarchal practices of male leaders of the Mali Nmai Zup community.

References

International Treaties/Conventions - Burma / Myanmar

What Has Burma / Myanmar Committed To?1

treaties/conventions for burma-myanmar
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CAT - Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
  • CAT-OP - Optional Protocol of the Convention against Torture
  • CCPR - International Covenant on Civil and Political Rights
  • CCPR-OP2-DP - Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty
  • CED - Convention for the Protection of All Persons from Enforced Disappearance
  • CED, Art.32 - Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance
  • CEDAW - Convention on the Elimination of All Forms of Discrimination against Women
    22 July 1997 (a)
  • CERD - International Convention on the Elimination of All Forms of Racial Discrimination
  • CESCR - International Covenant on Economic, Social and Cultural Rights
    16 July 2015
    06 Oct 2017
  • CMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
  • CRC - Convention on the Rights of the Child
    15 July 1991 (a)
  • CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    28 Sep 2015
    27 Sep 2019
  • CRC-OP-SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    16 Jan 2012 (a)
  • CRPD - Convention on the Rights of Persons with Disabilities
    07 Dec 2011 (a)
Last Updated: 01/09/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Burma / Myanmar

Women’s Priority Issues & Recommendations

Developed by Pa-O Women’s Union (PWU) (2023)1
recommendations for burma-myanmar
Last Updated: 01/09/24

Based on the specific challenges and problems faced by women and communities in Burma/Myanmar, women’s rights organisations have demanded accountability from local and national governments by highlighting several concerns.

SDG 3: Good Health and Wellbeing

The military junta has significantly increased military and weapons spending, which has diverted resources away from health and education, negatively affected the response to COVID-19 and has exacerbated the humanitarian crisis.2 However, consistent official data on health and public spending is not accessible. At the height of the pandemic, most people did not have access to medicines, oxygen and other health services. Much worse, the military junta used airstrikes to destroy the clinics in Kachin State and seized medicine cargoes in Southern Shan State which were meant for the internally displaced persons (IDPs).3 Women have had difficulty accessing healthcare services under the junta. Women such as Pa-O women in remote and conflict-affected areas have been the most affected by this; for example, in Southern Shan State, 70 per cent of villages have no health services. COVID-19 also caused price gouging and panic buying, which resulted in many people not being able to purchase food, medicine, oxygen, masks and other supplies to protect against the impacts of the pandemic. There are reports that people are not allowed to access oxygen by authorities even if they can afford it. There are a variety of indicators which should be used to assess health in Burma/Myanmar, including a yearly budget for women’s health, statistics on early childhood deaths and maternity, and international and UN health support funding.

SDG 5: Achieve Gender Equality and Empower All Women and Girls

Gender-Based Violence (GBV) and sexual assault against women was normalised in Burma/Myanmar, even before the military junta took power. After the coup, sexual violence, including violence targeting ethnic women in conflict areas increased, such as in Sagaing and Yangon regions and in Kachin, Chin, and Shan States.4 The UN Secretary-General has reported that there has been widespread perpetration of sexual and gender-based violence against civilians, arbitrary detention, kidnapping, sexual slavery, and sexual violence prior to execution.5 Online GBV also has increased, targeting women who are involved in resistance movements.6 These violations are occurring in an environment where health and judicial services are virtually inaccessible and amid a breakdown of the rule of law.7

Patriarchal beliefs and practices, including among ethnic groups, relegate ethnic women to a status as second-class citizens. For example, women from the Pa-O ethnic group (which mostly lives in Southern Shan State, Kayah State, Mon State, Karen State and Bago Division) are prevented from taking leadership roles and from participating in decision-making in their communities. Cases of domestic violence, GBV, small crimes and some land issues are resolved by customary laws and courts that are led and controlled by men. Pa-O customary practices, rooted in culture and religion, oppress women’s human rights and women’s participation. Women are often not allowed to attend village level meetings, are not part of negotiations and are subjected to forced marriage. Survivors of violence are blamed and there is impunity for perpetrators.

Myanmar signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1997 and has a National Strategic Plan for the Advancement of Women (NSPAW) 2013-2023. The NSPAW has provisions that could promote women’s economic as well as political and social rights if the plan is adequately resourced and implemented, although it is not clear to what extent if at all, this is currently happening.

SDG 16: Peace, Justice and Strong Institutions

The military junta violently suppresses protests calling for democracy. They have targeted houses, schools, hospitals and religious buildings with bombs and conducted mass arrests.
Political repression and human rights violations have become more prevalent since the military junta illegally took power, including arrest, arbitrary detention, and execution. Currently, there are 122 detainees who have been given death sentences. Conflicts in ethnic areas have worsened. There are currently more than 1.8 million Internally Displaced Persons (IDPs) in Burma/Myanmar according to the UN High Commissioner for Refugees (UNHCR).

General Recommendations8

  • Stop the war and conflict immediately

    end the military junta.

  • Reduce military expenditure

    and channel public funds to basic social services that women need including health services.

  • Ensure adequate health care and services

    especially for women and children in rural and indigenous communities. Do not cut off health-related services regardless of the situation in the country. Do not target and attack hospitals. Increase the health capacity of the people themselves and health workers in the rural areas.

  • Ensure access to data on health

    especially on women’s health

  • Take action to implement CEDAW

    and conduct a Voluntary National Review in the 2030 Agenda process.

  • The UN should implement programmes on health in conflict-affected areas.

  • ASEAN should carry out more effective policies and interventions

    regarding Burma/Myanmar, focused on human rights and sustainable development.

  • International actors should work with civil society organisations

    instead of the State Administration Council (military junta) on health.


SDG 5: Recommendations to Local Government in Chin State on Reforms to Customary Law and Practices to Achieve Gender Equality

Developed by Ninu Women Group (2017)9

  • Abolish the practice of bride-prices.

  • Divorce customs must be modified

    so women are free and able to initiate divorce proceedings.

  • Establish equal division of properties when a divorce does take place.

  • Establish child custody rights for women after a divorce.

  • Establish child support for women

    after a divorce if the woman is granted child custody.

  • Establish equal inheritance rights

    for daughters and sons. Provide the right to own property for daughters.

  • Enhance women’s property ownership rights

    including the provision of the right to co-ownership of homes for wives.

  • The Chin State Hluttaw must consider CEDAW

    in amending or enacting new laws and give women equal rights with men.

  • The national government must take action to reduce and address the problem of violence against women.

  • The national government should make sure the current laws that protect women from violence are implemented

    and should strengthen existing legislation.

  • Women should be included in decision-making processes

    at the local and national levels, for example, through the creation of a quota system for Hluttaws.


SDG 5: Recommendations to Local Indigenous Leaders and Government in Kachin State

Developed by Indigenous women of Mali Nmai Zup community10

  • Reform customary practices to promote gender equality:

    The customary laws of Kachin state must be reformed to enshrine equal rights to men and women.

  • Ensure women’s political participation:

    Mali Nmai Zup indigenous leadership must reform their patriarchal attitudes that deem women as unfit for public and decision-making positions, confining them to gender stereotyped roles around care giving in domestic spheres.

  • Indigenous leadership must commit to gender justice:

    Leaders of the Mali Nmai Zup indigenous community must commit to women’s human rights as well as gender-responsive governance.

  • Improve women’s access to education, health and transportation.


SDG 8: Recommendations on Decent Work for Factory Workers

Developed by Solidarity of Trade Union Myanmar (STUM) (2021)11

  • Recommendations to the government of Burma/Myanmar

    • Ensure that companies grant women factory workers the right to general leave as stipulated in the 1951 Leave and Holidays Act.
    • Amend the Leaves and Holidays Act of 1951 to officially institute one day of menstrual leave per month for women workers.
    • Guarantee women workers the right to organise and collective bargaining without threats of dismissal or any other reprisals.
    • Engage and consult with workers in order to achieve inclusive and participatory labour laws and policy reform.
  • Recommendations to the private sector

    • Private companies should comply with national labour laws and regulations as well as adhere to international labour standards and recommendations as set by the International Labour Organisation (ILO).

SDG 8: Recommendations on Living Wages for Workers

Developed by Burmese Workers Union (BWU) (2017)12

  • Recommendations to the government of Burma/Myanmar

    • Follow the standards of international law and uphold their obligations under treaties to which they are a party.
    • Ensure labour laws are implemented thoroughly and that workers have a means of redress in the event of a grievance.
    • Raise the minimum wage to a living wage to ensure a better living standard for workers.
    • Ensure the Ministry of Labour operates actively and without corruption.
    • Lift restrictions on labour unions and labour rights and workers’ right to collectively organise must be protected and fulfilled.
  • Labour organisations from ASEAN must work together with local organisations and show different ways of supporting Burmese labour organisations during campaigns.


References

Accountability - Burma / Myanmar

Last Updated:

References

Accountability - Burma / Myanmar

Sustainable Development: Structures of Accountability

accountability for burma-myanmar
Last Updated: 04/09/24

The Ministry of Planning and Finance of the government of Burma/Myanmar is the main actor that is responsible for implementing the SDGs. Burma/Myanmar is classified as a Least Developed Country (LDC). In order to achieve the SDGs, Burma/Myanmar has to address systemic barriers, including resource mobilisation and gaps between national policies and realities in how local institutions operate. It is essential that different government departments and stakeholders collaborate to meet SDG targets and improve data for tracking progress. However, all of these are also inhibited by ongoing armed conflict after the attempted coup in 2021, which has embroiled the country in war.

In 2016, Burma/Myanmar received USD 1.53 billion in Official Development Assistance, and at the time, Foreign Direct Investment was also increasing. This opening up of Burma/Myanmar to international trade led to initiatives for more data transparency. For example, in 2016, the National Committee for Data Accuracy and the Quality of Statistics (DAQS) was created, complemented by one in each state and region. The Central Statistical Organization and National Statistics Office were focal points for data issues. To this end, Burma/Myanmar also developed a joint data assessment with UNDP and SDG Indicator Baseline Report. This demonstrated that there were gaps in what could be collected, but also that CSOs have the ability to fill some of the data gaps.

Myanmar has not completed a Voluntary National Review (VNR) of the SDGs to date, as of 2024.

Currently, however, armed conflict is the major barrier to the achievement of the SDGs. Half of women do not have access to health services, and one out of 10 pregnant and breastfeeding women had an issue with pregnancy or childbirth. Overall, there has been no progress to ensure sustainable and resilient recovery from the COVID-19 pandemic in Burma/Myanmar due to the coup. Myanmar is a member of ASEAN, and the 2021 coup and emergent civil war has been a major challenge for ASEAN. Timor-Leste sided with Burma/Myanmar’s government-in-exile, and the junta responded by expelling the Timor-Leste representative.1 ASEAN countries decided to suspend Burma/Myanmar’s role as rotating chair for the 2026 ASEAN summit.2


References

Case Study - Yangon Industrial Zone, Burma / Myanmar

Documenting Violations of Women Garment Workers’ Rights

Last Updated: 01/09/24

In the decade before the coup in 2021, Burma/Myanmar was increasingly opening to foreign investment and trade, impacting workers’ rights in the country.1

An estimated 90 per cent of workers in garment factories in Yangon industrial zone are women, and they suffer from the intersecting problems of political exclusion, discriminatory work environments, labour exploitation and violence against women. Between 2017 and 2019, the Solidarity Trade Union Burma/Myanmar (STUM) investigated the situations and problems that women factory workers face in the Arrewaddy, Mandalay and Yangon regions in Burma/Myanmar.

By speaking with workers, the investigation found a lack of compliance with existing laws and worker protections in many factories. For example, the 1951 Leave and Holidays Act outlines workers’ rights to leave such as maternity and menstrual leave. But in practice, many workers were denied this leave, faced wage deductions or termination, and were forced to work even when ill. In addition, workers were subjected to gender-based discrimination, sexual harassment and violations of their sexual and reproductive health and rights, including denial of employment to pregnant employees. Despite social protection benefits, workers were blocked from services because they were unaware of their rights to access social security under the Social Security Law of 2014. There were also problems in terms of wages: minimum wages were insufficient for living, and production targets were being increased while production bonuses were decreasing. Factory conditions were deplorable, with a lack of toilets, shut windows resulting in poor ventilation, insufficient emergency exits, and unfiltered and unsafe drinking water.

Workers’ ability to push back was restricted, because despite the 2011 Labor Organization Law that grants the right to unionise, factories were still union busting even in 2023.2

Source

Case Study - Burma/Myanmar, Burma / Myanmar

Dreams Out of Reach: The Struggle for Living Wages for Migrant Workers

Last Updated: 01/09/24

“For our income and expenses, mostly we don’t have money. If we don’t have money, we have to borrow money and pay interest and we can’t send money home. We can’t do other work because our documents are registered under one employer.”
- Women migrant worker from Burma/Myanmar working in a rubber plantation in Thailand

There are an estimated 3-4 million migrant workers in Thailand from Laos, Cambodia and Burma/Myanmar. A majority of the workers (approximately 70 per cent) are from Burma/Myanmar and an estimated 43 per cent of these migrants are women.1 Women migrate from Burma/Myanmar due to on-going military conflict, pervasive poverty and a lack of viable livelihood options. Migrant women workers face discrimination on a daily basis in terms of wages, working hours, freedom of movement and reproductive rights. Their wages are significantly lower than men’s and the work they do is often not recognised as work, particularly in the case of domestic work and sex work/prostitution. However, their living and working conditions in Burma/Myanmar are so low that women are practically forced to make the difficult decision to move to another country in order to find work and support their families back home.

Research conducted by the MAP foundation2 – on which this case story is based – showed that a living wage is a far off dream for many women migrant workers from Burma/Myanmar. Migrant policies in relation to obtaining and maintaining their documentation status, and enforcement of labour rights particularly with regard to payment of wages – were identified by women migrant workers as the most significant obstacles they face. Migrant policies in Thailand constantly change, so women are compelled to keep going through time consuming and expensive processes of registering themselves just to maintain their documentation status. There have been 30 rounds of registration over the last 20 years, as at the time of this study. “We earn between 3,000-6,000 Thai Baht per month and pay 3,000-6,000 Thai Baht for documents, but we can’t live here without documents. If they (officials) come to check, and I didn’t have documents, then I would get arrested. My employer would not take responsibility…People who get arrested, get deported. For people who have money, they can pay to avoid being deported back to Myanmar when checked by the police.” – Women migrant worker from a rubber plantation, Thailand

This is an additional struggle for many women migrant workers who are trying to make ends meet. The inadequate enforcement of labour protection laws has meant that women migrants are often paid less than their male counterparts for the same work and usually below minimum wage of 300 Thai Baht a day; there are delays in payments, sometimes for months at a time; or they are obligated to work overtime for the same wages. Women migrant workers commonly put up with the exploitation when faced with the option of having to find a new job and risk losing their registration status. Despite these, they are also legally locked into jobs with single employers and do not have the flexibility to do other work to earn more wages. Although some women migrants say they are able to break even or save for a better life, many find it hard to save or even cover daily expenses with the very low wages they receive.

Through Feminist Participatory Action Research with the support of the MAP foundation, women migrant workers have demanded that they be valued and recognised for their contributions to economic growth and development of both Thailand and Burma /Myanmar; that both governments take responsibility for stopping the exploitation by employers through specific measures; that both governments address corruption in the registration process and work together to simplify the documentation process; and that both governments adjust recruitment and migrant worker policies to reflect the real needs of the labour market.

Source

Case Study - Kachin State, Burma / Myanmar

Indigenous Women Fight Against Dam Construction

Last Updated: 01/09/24

In Kachin State in the northern part of Burma/Myanmar, there are at least six Indigenous Peoples groups, including the Mali Nmai Zup (MNZ) community. In this area, the Myint Sone Dam (State Power Investment Corporation and China Power Investment) has been under construction since 2008, disrupting local ecology and livelihoods.1

Communities have been protesting the dam from the beginning because they were not consulted in the planning, and impact assessments were not conducted. As a result of dam construction, there was internal displacement and impacts to livelihoods. Officially, the project was suspended in 2022, but the construction has continued in practice – with less international attention due to the official suspension. Tensions over the dam have resulted in conflict and further militarisation.

In response, the MNZ women’s group brought together Indigenous women from 15 villages, most of whom work in agriculture. The community group raises women’s voices, and advances environmental conservation and community development. The MNZ group developed a Womanifesto to articulate their key challenges and demands for gender equality and a stop to harmful activities that adversely impact their lives. Some of these demands are to Indigenous leaders in their own community as well as to Kachin State leadership. Specifically, the women are seeking reforms to customary laws to enshrine equal rights, and also for men to change their patriarchal attitudes and promote women’s political leadership and participation.

Source

Case Study - Shan State, Burma / Myanmar

The Vision of Human Rights Defenders in Burma/Myanmar

Last Updated: 01/09/24

In the context of armed conflict, military rule and insecurity, Women Human Rights Defenders (WHRDs) from Burma/Myanmar are bravely continuing their advocacy and activism.1 Many are living in exile in Thailand, where they have little to no rights and legal protections. There, they have joined a long-standing community of people from Burma/Myanmar who have been displaced over past generations. Other WHRDs are living in persistent insecurity in Burma/Myanmar such as in Shan State, which has experienced military repression for decades. Amid all of these challenges, some of these women came together online to discuss a vision for a future where people in Burma/Myanmar can finally live in peace and freedom. Their vision is below.

‘To bring peace, there cannot exist a military government. The women want to form a federal democracy that guarantees autonomy and the right to self-determination which the federal constitution must approve as it is the people’s will. Equal rights, equality in education, human rights and safety of environmental rights defenders must be ensured by the constitution. Laws and policies have to protect and provide for people’s needs. No one should be above the law and the laws have to protect the marginalised communities. Each ethnic group and ethnic region must be guaranteed the right to self-administration and equality. Harmony with the natural environment and natural recourse shall be protected and conserved. People shall have the rights to security and social welfare e.g., education, health, economic rights, affordable transportation, etc. Moreover, having coup d’états and violations of human rights must be prevented by laws to create a community operating on the principles of harmony among all socio-economic groups and ecological sustainability.’

Source

  • 1 Peace FPAR (unpublished).
Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Malaysia

Finance, Trade and Investment Agreements

Last Updated: 01/09/24

Since the mid-1980s, the development model of Malaysia has embraced market liberalisation and has focused on attracting Foreign Direct Investment (FDI). FDI inflows are primarily in manufacturing and now exceed pre-COVID-pandemic levels.1 The country has experienced rapid economic growth and urbanisation over the past four decades, shifting from an agricultural economy to one that includes manufacturing and industry. This has coincided with the development of mega projects in infrastructure and urban development. Although Malaysia was impacted by the Asian Financial Crisis in the late 1990s, its economy revived. Malaysia has been a member of the World Trade Organization (WTO) since 1995.

To date, Malaysia has seven bilateral Free Trade Agreements (FTAs), with Australia, Chile, India, Japan, New Zealand, Pakistan and Turkey.2 It also has nine regional FTAs. In 2022, Malaysia implemented the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).3 In 2022, trade with countries that were covered under these agreements comprised around two thirds (67.3 per cent) of total trade.4 In a statement ahead of the adoption and implementation of RCEP, feminist and women’s rights organisations criticised the projected negative impacts to Malaysia’s trade balance due to the agreement. They forecasted that Malaysia would lose 2.2 billion USD per year in tariff revenue due to the agreement, equivalent to the yearly wage of 230,000 health workers and nurses.5

Malaysia is involved in a number of international trade disputes, with two as complainant, one as respondent, and 26 as a third party.6 In March 2024, the WTO ruled in favour of the European Union (EU) against Malaysia, in a case where Malaysia issued a complaint against an EU decision that biodiesel from palm oil should no longer qualify as a renewable biofuel.7 In this case, the EU rules exclude crops grown on deforested land or where there is a risk they displaced food crops.8

Trade disputes overall can have an adverse impact on a country’s development path by leaving it up to the priorities of foreign investors and by diverting funds away from social services. The process of investor-state disputes in particular has been criticized as being costly, lacking in transparency, and giving too much power to private actors.9

This increased focus on international competitiveness and attracting multinational corporations has come at the expense of worker protections and workers’ rights. Wages have not increased in tandem with rising labour productivity, symptomatic of a lack of bargaining power, laws against unionisation and over-reliance on labour arbitrage and provision of low-cost labour as a competitive advantage strategy. Combined with these factors are a variety of policy and tax incentives for corporations. Rapid economic growth and structural economic changes have also led to labour shortages in some sectors. As a result, there is a heavy reliance on foreign migrant workers, who are as much as a quarter of the workforce.10

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Malaysia

Labour Rights of Migrant Workers

Last Updated: 01/09/24

There are 2.2 million documented migrant workers in Malaysia, out of the total workforce of 14.4 million. However, there may be as many as 5.5 million migrant workers in total.1 Migrant workers are mostly employed in domestic work, elder care, services, electronics manufacturing, garment sector, palm oil and construction.2 There has been a transfer of domestic work from Malaysians to migrants, comprising most of the jobs for women migrants. Indonesia was the largest source of migrant workers in 2019, followed by Bangladesh and Nepal.3 Although the Employment Act sets working hours at 8 hours a day and no more than 48 hours a week, in practice this is not followed.

Migrant workers, including domestic workers, are subjected to uneven wages that vary across the bilateral MoUs between Malaysia and the sending countries. Malaysia has Memorandums of Understanding (MoUs) with Sri Lanka, China, Thailand, Bangladesh, Pakistan, India, Vietnam, Cambodia, the Philippines, Indonesia and Nepal. These have significant disparities – migrants from the Philippines, for example, have significantly higher wages than Indonesians.4 As a result, MoUs provide different conditions and protections to different groups of workers, rather than improving conditions in the sector as a whole. In addition, the Ministry of Home Affairs has developed a ‘Maid Online System’ to facilitate direct hiring of domestic workers, however, this has led to serious concerns of human trafficking. This system was developed without consultations with sending countries like Indonesia and the Philippines, who do not approve of direct hiring because it leaves no record.5

Migrant workers in Malaysia do not have access to decent working conditions and are restricted from collective bargaining and demanding their rights. Many migrant workers are employed in high-risk sectors such as manufacturing, construction and agriculture, and have high rates of workplace injuries. Migrant workmen’s compensation funds provide lower restitution than for Malaysian nationals and undocumented migrant workers are often very reluctant to seek treatment. Women migrant workers, on the other hand, are subjected to annual pregnancy tests, and have their visas revoked and deported if found pregnant.6 The work permit system ties workers to employers, undermining their ability to change jobs in harmful circumstances. Their work permits prohibit them from marrying Malaysians, with no path to permanent residency or citizenship.

Migrants are also heavily policed, including by Relawan Rakyat Malaysia (RELA), a paramilitary civilian volunteer corps which has been charged with eliminating ‘illegal immigration’. They are given the right to arrest, enter and search with no warrant, and enjoy large levels of legal immunity. RELA has over four million members nationwide, who are mostly untrained volunteers. Over 12,000 refugees, asylum seekers and migrants are being held in detention centers in Malaysia,7 which are overcrowded and fall short of international standards. Because of the lack of transparency around charges, immigration courts have been criticised by the Malaysian Bar Council. There is no legal limit on the length of immigration detention.8 Malaysia has denied the United Nations High Commissioner for Refugees access to detention centers since 2019, and many migrants spend months or years in detention.9 Some migrants have been arrested and detained multiple times, spending years overall in detention centers, and ill-treatment, torture, and lack of proper medical care have resulted in the deaths of hundreds of people.10

Workers face many barriers to pushing back against these realities due to tight restrictions on Freedom of Association (FOA) and limited resources to investigate complaints and resolve labour disputes. Union membership in Malaysia has been declining for the past four decades. Only 5.8 per cent of the workforce is in trade unions and only two per cent are covered by a Collective Bargaining Agreement (CBA).11 Section 8 of the Employment Act (1955) and Trade Unions Act (1959) allow immigrants to join trade unions, but they are not able to hold leadership positions.12 In practice, there are further restrictions on union organising. The Ministry of Human Resources also has inadequate resources to respond to complaints and undertake labour inspections, which means that there are very few cases pursued in comparison with cases filed, and even fewer compared with the real number of violations.13 Practices of outsourcing of labour recruitment also makes it difficult to identify employers in many cases. Because outsourcing companies can sponsor workers instead of employers, agencies hold contractual responsibility, leading to the proliferation of undocumented workers and increased vulnerability to abuses and violations.

The COVID-19 pandemic also created further insecurity for migrants. The closure of businesses due to lockdown led to job losses, and there was a high level of xenophobia against migrants. Workers faced arrests, crackdowns and also worked in insecure conditions without Personal Protective Equipment (PPE). Further, women workers were forced to give birth in crowded residencies without medical assistance.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Malaysia

Influence of Private Capital

Last Updated: 01/09/24

Malaysia has been pursuing Public-Private Partnerships (PPPs) since 1991. Although there is no specific law regulating PPPs, there are some relevant regulatory frameworks such as the Financial Procedure Act (1957) which governs public finances.1 In addition, the Malaysia Incorporated policy (1981) and Privatisation policy (1983) provide a basis for private sector involvement in infrastructure specifically.2 In 2006, the government unveiled a plan to promote PPPs and streamline privatisation, an approach which was further expanded upon in the Eleventh Malaysian Plan (2016-2020).3 The Unit Kerjasama Awam Swasta (UKAS) is the central agency governing PPPs in Malaysia.4 Between 1983 and 2017, the government has launched 500 projects with the support of the private sector.5

Issues of corruption and corporate have made notable headlines in the recent history of Malaysian politics and economic development. The 1Malaysia Development Berhad scandal or more commonly known as the ‘1MDB scandal’, where the Malaysian sovereign wealth fund was embezzled and assets diverted, is one of the most prominent recent cases of corruption and kleptocracy. It implicated institutions and individuals in many countries in the world. As of September 2020, the estimated amount that was embezzled from 1MDB, led by former prime minister Najib Razak, was approximately $4.5 billion USD. These funds were used to purchase luxury items including art and property.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Malaysia

Land and Resource Grabbing

Last Updated: 01/09/24

Malaysia is one of the most biodiverse countries in the world, with an estimated 15,000 species of vascular plants, 306 species of mammals, 742 species of birds, 242 species of amphibians, 567 species of reptiles, over 449 species of freshwater fish, over 500 species of marine fish and more than 150,000 species of invertebrates.1 Malaysia’s rapid economic development has spurred high levels of economic growth but has also threatened biodiversity. These ongoing threats include land development, pollution, encroachment, poaching and collection.2 Malaysia has more than 50 per cent forest cover.3 This includes permanent reserved forest as well as parks and sanctuaries for wildlife. However, the rest of the land is being used for other purposes including urban development and palm oil and rubber plantations.

Development policies have contributed to environmental degradation and the denial of basic rights to Indigenous Peoples, one of the most marginalised communities in Malaysia. A study conducted by the University of Maryland estimated that the state of Kelantan lost around 15 per cent of its natural forest between 2001 and 2012 due to excessive concession licenses for logging, commercial farming, mining and property development on forest reserves and native customary lands. Indigenous Peoples have their customary land rights protected under Malaysian law. However, legal loopholes and impunity for land grabbing are undermining these human rights.4 There are multiple legal breaches by palm oil producers operating without a license and also undermine indigenous customary rights.5

Cultivation of palm oil, a major crop in Malaysia as well as neighboring Indonesia along with mining of cobalt are two significant reasons for land grabbing.6 The global phenomenon of impunity for transnational corporations is manifesting itself in Malaysia in terms of land grabbing for plantation crops such as palm oil and deforestation for timber. By the end of the 20th century, the forests of Sarawak had been heavily depleted.7 Since the 1990s, with the opening up of international trade and further market liberalisation, over a quarter of the land in Sarawak has become designated for monoculture plantations. These are for crops including palm oil, pulp, paper and timber.8

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Malaysia

Climate Crises

Last Updated: 01/09/24

Due to its high level of biodiversity, Malaysia is vulnerable to the impacts of climate change. It has a diverse land cover and topography, including coastlines, mountain ranges and forests. This means that rising sea levels as well as high temperatures pose risks to Malaysia’s biodiversity and human health. There has been significant deforestation since the 1960s, driven by agriculture and cash crop production, with harmful and disproportionate impacts on Indigenous Peoples such as pollution and infectious diseases.1 However, climate change risks further challenges to Malaysia’s forests and natural resources.2

Malaysia contributes 0.77 per cent of global greenhouse gas emissions. It issued a revised Nationally-Determined Contribution (NDC) in July 2021. In the updated NDC, Malaysia increased its mitigation commitments to 45 per cent unconditional emissions reduction, which is an increase from 35 per cent in the previous NDC. The NDC also includes a focus on adaptation and resilience under multiple areas. These include: water, coastal zones, agriculture, infrastructure, health, forestry and biodiversity.

Indigenous and LGBTQI women activists have criticised the development model of Malaysia and other countries belonging to the Association of Southeast Asian Nations (ASEAN) for relying heavily on extraction, exports and dirty energy sources such as fossil fuels and coal. They have emphasised the importance for ASEAN governments to develop a common negotiation position on climate change at the global level that is gender-responsive.3

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Malaysia

Militarism and Armed Conflict

Last Updated: 01/09/24

In 2023, Malaysia’s military expenditure reached 3.899 billion USD, up from 3.673 billion USD in 2022.1 The government is proposing significant increases to Malaysia’s military spending in order to advance military modernisation and procure drones and aircraft.2 These programmes have the stated aim to address emerging issues such as piracy, terrorism and protect sovereignty. The South China Sea region is under increased pressure from China. However, China remains the largest trading partner and investor in Malaysia, making large-scale conflict unlikely.3

Malaysia is non-aligned, although it is a member of the Five Power Defence Arrangements alongside Australia, Singapore, the United Kingdom and New Zealand. This agreement was signed in 1971 and requires the five powers to immediately notify each other in the case of a threat or armed attack.4 However, this arrangement is being influenced by emerging dynamics and competition in the region, including the creation of AUKUS, the agreement between Australia, the United Kingdom and the United States.5

Domestically, militarised repression has been used to suppress critics of the government, including through the use of broad laws to criminalise free speech.6 Indigenous communities who have been fighting back against land grabbing have faced armed gangs who have perpetrated abuses against them with impunity.7

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Malaysia

Patriarchal Authoritarian Governance

Last Updated: 01/09/24

The context in Malaysia is characterised by restrictions on free speech and a level of authoritarian control over citizens, with persistent laws that limit fundamental freedoms. In addition, government actors bypass judicial overview in their enforcement of laws.1 Malaysians therefore have very little redress in cases of violations or state abuse.

In 2023, the mandatory death penalty was abolished for the 12 different offenses that previously held it and removed as an option for seven others, in a landmark decision.2 However, there is still the death sentence for drug trafficking, which is a conviction held by many people who are on death row.3 Over one third of death row prisoners are also foreign nationals.4 Malaysian prisons are heavily at overcapacity, which has resulted in many incarcerated people suffering the impacts of COVID-19.5

Despite the reforms above, Malaysia still has archaic laws which are colonial-era relics that limit speech and freedoms. These include the Sedition Act and the Communications and Multimedia Act, despite repeated commitments from governments to repeal them.6 These laws have been used to violate people’s rights to freedom of expression and opinion, and violates Malaysia’s human rights obligation as a signatory to the International Covenant on Civil and Political Rights.7 They have been used to crack down on women human rights defenders. There has also been police harassment and intimidation of people in Malaysia who express views on social media or who participate in protests.8 The Sedition Act in particular uses broad and imprecise language, and fails to define any of its key terms, including ‘hatred’, ‘contempt’ or ‘discontent’.9

Independence of public institutions is additionally of critical concern. In 2016, the previous Attorney-General and key personnel of the Malaysia Anti-Corruption Commission (MACC) were abruptly replaced, resulting in a public backlash. Per a parliamentary decree, annual reports of the Human Rights Commission of Malaysia (SUHAKAM) should be reviewed and debated in parliament, however this is never carried out. It is also unclear how the selection and final appointment of commissioners is determined. The Election Commission’s recent exercises to redraw electoral boundaries resulted in court challenges against the legality of the exercises.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Malaysia

Patriarchal Structures and Norms

Last Updated: 01/09/24

There are persistent gender inequalities in Malaysia, embedded in patriarchal governance that provides separate and unequal legal systems on the basis of religion. The Malaysian government has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), but has numerous reservations to different articles of CEDAW. These are Articles 5(a)1, 7(b)2, 9(2)3, 16(a)4, (c), (f), (g).1. In Malaysia, state-sponsored Islam is increasingly purist and reflects misogynist and supremacist values.5 The country subjects people to separate legal systems, and under the state-sponsored Islamic legal system, women are secondary to men in customary law, enforced by religious institutions, the educational system, bureaucracy and government-owned mass media. All Muslims in Malaysia (over 60 per cent of the population) are subject to the jurisdiction of Syariah courts, operated on the state level without the option of opting out, while legal codes ban Muslims from conversion to other religions. However, a 2024 court decision limits some of their jurisdiction.6 As a result of the different legal systems, the existing gender divide also reflects a growing divide between Muslims and non-Muslims in the country. In addition, UN experts have criticised Malaysia for gender-discriminatory citizenship laws that restrict Malaysian women from passing along nationality to their children.7

Malaysia has low rates of maternal mortality in comparison to other countries of a comparable income level and to the wider Southeast Asia region. The maternal mortality rate is 21 deaths per 100,000. Women’s educational attainment levels are nearly on par with men8 and similar rates of girls and boys completed lower secondary school as of 2022 (84.6 per cent of girls and 81.6 per cent of boys).9 However, there are dramatic gaps in formal labour force participation and in political representation. The formal labour force participation rate for women is only 51.6 per cent – compared to 78 per cent for men.10 Malaysian women are extremely underrepresented in politics, reflecting deeply-entrenched patriarchal barriers to women’s leadership. As of 2024 only 13.5 per cent of parliamentarians are women.11 In addition, women who are in politics face a variety of barriers including gender roles and stereotyping, persistent male dominance, intersectional issues on the basis of age, and challenges of political efficacy. One study found that ‘The reality of women in the political parties have not changed much over time, which shed light on why the political domain appears as the biggest gender gap compared to other domains in Malaysia’.12

The LGBTQIA+13 community in Malaysia is subjected to severe restrictions on their human rights, with further restrictions in some states. Sodomy is a crime in Malaysia and there are no protections for LGBTQIA+ people against discrimination on the basis of sexuality or gender identity. Malaysia was ranked the second worst country in the world for transgender rights in 2023.14 In one case in 2018, two women were convicted for same-sex conduct and sentenced to caning, despite Malaysia’s obligations under Article 5 of the Universal Declaration on Human Rights which states that no one will be subjected to any form of torture, cruelty and inhuman and degrading treatment or punishment.15,16 There is arbitrary enforcement of these laws that have included raids of LGBTQIA+ bars and parties, arrests and cancellation of pride marches, as well as hateful rhetoric.

References

International Treaties/Conventions - Malaysia

What Has Malaysia
Committed To?

List of international treaties/conventions that Malaysia is signatory to:1
treaties/conventions for malaysia
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CEDAW - Convention on the Elimination of All Forms of Discrimination against Women
    05 Jul 1995 (a)
  • CRC - Convention on the Rights of the Child
    17 Feb 1995 (a)
  • CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    12 Apr 2012 (a)
  • CRC-OP-SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    12 Apr 2012 (a)
  • CRPD - Convention on the Rights of Persons with Disabilities
    08 Apr 2008
    19 Jul 2010
  • C029 - Forced Labour Convention, 1930 (No. 29)
    11 Nov 1957
    In Force
  • P029 - Protocol of 2014 to the Forced Labour Convention, 1930 ratified on 21 Mar 2022 (In Force)
  • C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
    05 Jun 1961
    In Force
  • C100 - Equal Remuneration Convention, 1951 (No. 100)
    09 Sep 1997
    In Force
  • C105 - Abolition of Forced Labour Convention, 1957 (No. 105)
    13 Oct 1958
    Not In Force (Denounced on 10 Jan 1990)
  • C138 - Minimum Age Convention, 1973 (No. 138) Minimum age specified: 15 years
    09 Sep 1997
    In Force
  • C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
    10 Nov 2000
    In Force
  • C187 - Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
    07 Jun 2012
    In Force
Last Updated:

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Malaysia

Women’s Priority Issues & Recommendations

The following priority issues were developed by: EMPOWER (2017)1
recommendations for malaysia
Last Updated: 02/09/24

Based on the specific challenges and problems faced by women and communities in Malaysia, women’s rights organisations have demanded accountability from local and national governments by highlighting several concerns.

SDG 5 Sustainable Development

SDG 5 on gender equality is of critical importance to sustainable development in Malaysia. However, it has been insufficiently streamlined as a cross-cutting issue across development planning. 

Target 5.1 End all forms of discrimination against all women and girls everywhere

The Federal Constitution (FC) protects women and girls in Malaysia from any form of discrimination. Clause 2 of Article 8 explicitly mentions ‘…there shall be no discrimination against citizens on the grounds of only religion, race, descent, place of birth or gender…’. However, in practice, laws on gender equality and protection from violence – including the Domestic Violence Act of 1994 and Part XVA – Sexual Harassment in Employment Act 1995 (2012 revision) do not meet international standards. Women’s rights NGOs are actively advocating for more comprehensive gender equality laws. As of 2024, Malaysia has taken steps to amend its laws on domestic violence and the penal code, which has been commended by the Committee on the Elimination of Discrimination Against Women (CEDAW).2

Target 5.2 Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation

Sexual exploitation and abuse against children is increasing, facilitated through online platforms. Data on child sexual abuse is protected under Malaysia’s Official Secrets Act, limiting transparency, justice and accountability. Further, cases involving children who are stateless or refugees are not captured in the limited data available.3

Target 5.3 Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation

In one 2012 study, 93 per cent of Muslim women surveyed revealed that they had undergone some form of female circumcision. The Malaysian National Council of Islamic Religious Affairs (JAKIM) introduced a Fatwa in 2009 declaring that female circumcision is obligatory for all Muslim women, unless deemed harmful. However, according to the World Health Organization, any procedure that intentionally alters or injures female genitalia for non-medical purposes is female genital mutilation.

Target 5.4 Recognise and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate

Women’s representation in governance in Malaysia remains low. As of 2024, women comprise 13.5 per cent of the lower chamber and 16.4 per cent of the upper chamber.4 In 2017, women were 18.37 per cent of city councillors in Malaysia, and 16.16 per cent of municipal councillors. 

SDG 16 Peace, Justice and Strong Institutions

Target 16.1 Reduce violence everywhere

In 2023, Malaysia’s military expenditure reached 3.899 billion USD, up from 3.673 billion USD in 2022.5 Its 2022 military budget was 4.1 per cent of government spending overall.

Target 16.3 Promote the rule of law and ensure equal access to justice

In a 2014 survey by the Merdeka Center for Opinion Research, only 38 per cent of Malaysians felt confidence in the judicial system. Since then, confidence has further waned, with high-profile scandals such as the 1MDB scandal shaking trust in government and public institutions.

Target 16.9 Provide universal, legal identity

Statelessness is a persistent issue in Malaysia, and many stateless people – including children who have been born to migrants on palm oil plantations – are at risk of deportation. A local NGO, Development of Human Resources in Rural Areas (DHRRA) was established in late 2014 to understand the extent and underlying causes of statelessness among Indian Tamil communities in West Malaysia.6 Approximately 11,500 ethnic Tamil people are stateless in West Malaysia. Among them, over 4,000 are children.7 Statelessness is rooted in discriminatory laws, including, but not limited to, restrictions on women passing down citizenship.

Target 16.10 Ensure public access to information and protect fundamental freedoms

Human rights defenders experience intense persecution in Malaysia, with intensification in recent years. Some defenders have been detained under the Security Offenses (Special Measures) Act of 2012 (SOSMA) for activities such as organising rallies and screening documentaries that were allegedly not pre-approved by the Censorship Board.

Recommendations to the Government of Malaysia on SDGs 5, 16 and general implementation of the SDGs

Developed by EMPOWER (2017)8

  • Respect for Human Rights:

    • The ASEAN Human Rights Declaration has been in place since 2012. Yet human rights violations (human trafficking, ethnic cleansing and arbitrary killings) persist in the region. Governments in the regions should remove the principle of non-interference to strengthen the Declaration.
    • Accelerate accession to six core international human rights treaties, as recommended by numerous member states during Malaysia’s past two reviews in the Universal Periodic Review (UPR). Additionally, remove reservations to ratified Conventions.
  • Include CSOs and NGOs in National Planning:

    Although CSOs/NGOs have a relatively higher participation rate in the national planning of rights-related SDGs pertaining to gender equality and environment, involvement of CSOs/NGOs in other task forces and clusters are scarce. The government should include a wide range of CSOs/NGOs (grassroots and those working with marginalised communities).

  • Work towards Sustainable Development focusing on the people, environment and strengthened institutions:

    • In addition to addressing the ‘middle-income’ trap, a just development should focus on reducing relative poverty, narrowing the income gap between the rich and the poor through equitable taxations and equal access to development opportunities for all groups of people.
    • Use an environmental justice framework for development, and include the indigenous peoples in managing the protection of the environment.
    • The executive, legislative and judicial institutions should be able to effectively play its role to the fullest to ensure that the government remains transparent and accountable to the people of the nation in order to attain social justice in development.
  • Practice flexibility in accepting policy recommendations:

    National short and long-term plans should be flexible to adapt to internal and external factors affecting national development. Implementing Agenda 2030 requires a bottom-up approach to develop policies, which are inclusive and representative.

  • Ensure Freedom of Information:

    Important public data such as violence rates and government’s expenditures should be made readily available rather than arbitrarily guarded from the public under the Official Secrets Act.


Recommendations to the government of Malaysia on SDG 8: Decent Work

Developed by Tenaganita (2022)9

  • Make an amendment in the Employment Act 1955 or enact a separate legislation that contains crucial protections for domestic workers as follows:

    • Inclusion of ‘Domestic Worker’ in the legislation: Domestic workers should be included in the coverage of national law protection.
    • Reasonable work hours: New legislation must limit work hours by setting the maximum hours for work and providing domestic workers with a balanced work-life environment and adequate rest periods.
    • One paid day off per week: Weekly paid rest days should be given to domestic workers so they can rest, have a social life, find spiritual refuge, register for informal education or send/remit money home. However, domestic workers can also decide to rest inside their room for the full rest day and be entitled to abstain from working.
    • Health benefits: Employers should provide medical insurance with a comprehensive package for the migrant domestic workers upon arrival in Malaysia.
  • The Malaysian government should ratify ILO Convention 189 on Decent Work for Domestic Workers, and ILO Convention 190 on Violence and Harassment.

    It should also implement legislation through national courts that ensure authorities protect the fundamental human rights and well-being of domestic workers.


References

  • 1 Persatuan Kesedaran Komuniti Selangor, better known as EMPOWER, was formed in 2005. Promoting and supporting justice and democracy, guided by feminist and human rights principles, EMPOWER aims to strengthen the promotion and protection of human rights in Malaysia by holding their government accountable for their expressed commitment to the achievement of the SDGs. This research was carried out by EMPOWER as part of an eight country project on Monitoring and Review of the SDGs with the Asia Pacific Forum on Women, Law & Development (APWLD). EMPOWER. (2017). Monitoring and Review of the Sustainable Development Goals and Development Justice. Asia Pacific Forum on Women, Law and Development.
  • 2 UN Office of the High Commissioner on Human Rights. (2024, May 22). Experts of the Committee on the Elimination of Discrimination against Women Commend Malaysia on Legislation to Address Gender-Based Violence, Ask about Female Genital Mutilation and Citizenship. https://www.ohchr.org/en/news/2024/05/examen-de-la-malaisie-devant-le-cedaw-tout-en-saluant-des-progres-considerables-les
  • 3 Yee, C. P. (2021, November 2). Strengthening Preventive Measures against Child Sexual Abuse in Malaysia. Penang Institute. https://penanginstitute.org/publications/issues/strengthening-preventive-measures-against-child-sexual-abuse-in-malaysia/
  • 4 IPU Parline. (n.d.). Monthly ranking of women in national parliaments https://data.ipu.org/women-ranking/
  • 5 Stockholm International Peace Research Institute (SIPRI). (n.d.). SIPRI Military Expenditure Database. https://milex.sipri.org/sipri
  • 6 UNHCR. (n.d.). Malaysia. https://www.unhcr.org/ibelong/imvisible-malaysia/
  • 7 EMPOWER. (2017). Monitoring and Review of the Sustainable Development Goals and Development Justice. Asia Pacific Forum on Women, Law and Development.
  • 8 EMPOWER. (2017). Monitoring and Review of the Sustainable Development Goals and Development Justice. Asia Pacific Forum on Women, Law and Development.
  • 9 Tenganita and APWLD. Fighting Behind Closed Doors - The Demand for Recognition and the Legal Protection of Domestic Workers in Malaysia. (2022). Asia Pacific Forum on Women, Law and Development (APWLD). https://apwld.org/wp-content/uploads/2022/01/Tenaganita-final.pdf
Accountability - Malaysia

Last Updated:

References

Accountability - Malaysia

Sustainable Development: Structures of Accountability

accountability for malaysia
Last Updated: 04/09/24

In the initial planning for implementing the Sustainable Development Goals (SDGs), government ministries, departments, agencies, civil society, United Nations (UN) and unions formed Malaysia’s SDG Steering Committee. This committee is spearheaded by the Economic Planning Unit (EPU). The SDG Steering Committee monitors, evaluates and reports the implementation of the 2030 Agenda. The EPU acts as the focal point for sustainable development.

Malaysia has established a multistakeholder governance structure for implementing the SDGs, led by the National SDG Council and chaired by the Prime Minister.1 The Council is supported by a National Steering Committee, chaired by the director-general of the EPU and is responsible for reporting to the UN High-Level Political Forum (HLPF).2

The SDGs implementation is being done under the framework of the Eleventh Malaysia Plan (11MP). To ascertain the views of other sectors, the government has held several national SDGs symposiums and focus groups; conducted studies on data; mapping the SDGs with the Eleventh Malaysia Plan (11MP) and formulated a roadmap for implementation.

The National Steering Committee has grouped the SDGs together in different clusters, specifically Inclusivity – Goals 1, 2, 5 and 10; Well-Being – Goals 3 and 16; Human Capital – Goal 4; Environment and Natural Resources – Goals 6, 7, 12, 13, 14 and 15; and Economic Growth – Goals 8, 9, 11 and 17.3

Each of these clusters has task forces which include different actors (including UN agencies, private sector, Non-governmental Organisations or NGOs, Civil Society Organisations or CSOs, academia), who together draft Malaysia’s roadmap for implementation. However, civil society has argued that these clusters have resulted in siloed implementation.4 Furthermore, there is particular resistance to gender analysis and gender-responsive or transformative processes across other task forces. Further, gender has been siloed into a single taskforce. The participation of civil society has also varied significantly and depends on the leader of each cluster. The SDGs mirror the 11MP, which also has meant uneven implementation and a lack of plans to address some SDG targets.

Malaysia has undertaken two Voluntary National Reviews (VNR), one in 2017 and one in 2021.5 In its 2021 VNR, Malaysia highlighted that it has made efforts to mainstream the SDGs in its five-year national development plans and has developed SDG data and created a multi-stakeholder institutional framework. In terms of major highlights and successes in Malaysia’s development trajectory thus far, the government noted that Malaysia has ‘transformed its economy, raised living standards and moved from a low-income to an upper-middle-income economy within a generation’. In this context, it highlighted increases in gross national income.

In order to advance the SDGs, Malaysia created a second phase of its SDG Roadmap for the period 2021 to 2025. Within the roadmap there are key priority areas, enablers and points for accelerating progress on SDGs that are lagging. In addition, Malaysia is undertaking Voluntary Local Reviews to advance implementation at the sub-national levels.


References

Case Study - Malaysia, Malaysia

Documenting and Challenging Violations of Migrant Domestic Workers’ Rights

Last Updated: 01/09/24

The working conditions for migrant workers, particularly domestics, fall below the standards for decent work.1 In the Malaysian Employment Act 1955, domestic workers were classified as servants, maids and helpers, and excluded from the coverage of national labour law and social protection.2 Domestic workers average 14 hours of work a day and suffer under gendered perceptions that they are members of the household and not employees. It is especially difficult to organise domestic workers in comparison with some other sectors. The Malaysian Trade Union Confederation has applied for government registration of the Domestic Workers Association but this has been rejected and domestic workers cannot use complaints mechanisms.3

In the context of these realities, domestic workers came together to share their experiences. They found that the majority of them had experienced unfair deductions from their salaries for accommodation, uniforms, food, work permits as well as late payment of wages and unpaid wages. Some of the employers refused to pay the wages as they had paid for their recruitment and placement costs. In one egregious example, an Indonesian migrant domestic worker had received no wages and compensation from the employer during her entire 8-month employment period. Many of the workers reflected that they have faced long working hours of more than 12 hours per day, food deprivation with no days off or leave for months or even years. They are isolated and confined in their employers’ houses. Beyond issues with wages and unfair salary deductions, by coming together, the women found that many of them had experienced other violations as well. These included precarious working conditions; exposure to multiple forms of violence; being defrauded by recruitment agencies; violations of their ability to practice their religion; and limited access to justice when they tried to report their employers.

In response to these research findings about women’s experiences, local organisation Tenaganita developed a women’s shelter, provided support services to workers and launched campaigns to change the laws that exempt domestic workers from protection.4

Source

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vietnam

Finance, Trade and Investment Agreements

Last Updated: 02/09/24

Vietnam occupies a central position in Southeast Asia, with a long coastline, access to key trade routes and relatively stable politics. Because of this, it is an attractive site for foreign investors and has increasingly opened up to free trade and foreign investment in recent years. In 2007, Vietnam became the 150th member of the World Trade Organization (WTO). It is a member of the Association of Southeast Asian Nations (ASEAN) and the ASEAN Free Trade Area. As of 2024, Vietnam has Free Trade Agreements (FTAs) with Chile, Cuba, Japan, the Republic of Korea, the United Kingdom (UK) and Israel, as well as regional trade agreements with the European Union and the Eurasian Economic Union (led by Russia).1 It is also negotiating an FTA with the European Free Trade Association (EFTA) countries of Norway, Iceland, Liechtenstein and Switzerland. Vietnam has also been involved in different trade disputes, including in the fisheries markets.2

This liberalisation under a neoliberal economic agenda is resulting in higher levels of inequality and harsher conditions for workers’ rights, mirroring developments elsewhere in the region. This is undermining the positive developments in poverty reduction, particularly reduction of extreme poverty. Vietnam also continues to have government debt and repayment obligations, with the biggest creditor being Japan, although its public debt is below the regional average. Vietnam’s national debt is 32.7 per cent of its Gross Domestic Product (GDP)3 and its direct debt repayment obligation is approximately 24.8 per cent of budget revenue.

FTAs are leading changes within Vietnam’s economy, undermining small businesses who are less able to compete and meet the requirements imposed by the agreements. In the first year of the European Union–Vietnam Free Trade Agreement (EVFTA), trade between the EU and Vietnam reached USD 54.9 billion.4 The primary goods Vietnam exports to the EU are seafood, textiles, footwear and agricultural products, and most import markets are countries in the EU with seaports like Belgium, Germany, Netherlands and France. Under the agreement with the United Kingdom (UK), the United Kingdom–Vietnam Free Trade Agreement (UKVFTA), growing groups of export products are fruit and vegetables, coffee, pepper, rattan, bamboo, sedge, carpets, iron and steel, toys and sports goods. However, there are tight technical barriers for UK imports which are sometimes a struggle for local enterprises to meet. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) with Canada also poses challenges for Vietnam in terms of a misalignment in industrial production structure, particularly regarding the fact that Vietnam has to import many intermediate inputs. Vietnam also had to revise existing regulations regarding trade, customs, intellectual property and labour to bring them in line with the CPTPP and bring these provisions in line with other agreements. Vietnam is also a member of the Regional Comprehensive Economic Partnership (RCEP) as of 2022.5 The RCEP is the largest free trade bloc in the world, representing approximately 30 per cent of global GDP.

Vietnam’s import-export management agency data indicates that in response to the signing of FTAs, there has been a gradual increase in Vietnamese enterprises and exports taking advantage of preferential tariffs. However, women activist leaders argue that these FTAs are mostly resulting in benefits to large corporations, as opposed to smaller scale enterprises and farmers. Large corporations dominate the market because of strict requirements under FTAs and more access to available assets. The government has provided preferential access to larger corporations to grow their operations, for example, through facilitating the consolidation of farmlands. Non-tariff measures also create other difficulties for Small and Medium-sized Enterprises (SMEs) and small farmers: small enterprises have resource mobilisation challenges, and rarely form long-term partnerships or strategies in the ways that big corporations are able to.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vietnam

Influence of Private Capital

Last Updated: 02/09/24

Government partnerships with the private sector are growing in Vietnam, risking corporate capture of key sectors and industries. Public-Private Partnerships (PPPs) have been on the rise since the 1990s in Vietnam, but in 2020, a new law was adopted which consolidated existing legal frameworks around PPPs. It states that there are five sectors where PPPs are allowed, namely, in transportation; power grids and power plants excluding hydropower; irrigation, water and sanitation; healthcare and education; and Information Technology (IT) infrastructure.1 There is a PPP office under the Ministry of Planning and Investment.2 Some of the support for Vietnam’s increased adoption of PPPs has come from the United States.3

As a result of deregulation and privatisation of state assets, people in Vietnam risk being impacted by low wages, plunder of resources, environmental destruction and denationalisation. Privatisation has disproportionate impacts on women as a result of patriarchal norms. For example, the combination of patriarchy and neoliberal development models often leaves women with low-wage and precarious employment. This is a risk both in terms of the impact of PPPs as well as the general expansion of private capital throughout key sectors in the economy. There have been large-scale private projects in sectors such as energy, thermal power, electronics manufacturing, real estate, resorts and hotels. Some examples of large corporate deals have included the Delta Offshore Energy Project in liquid natural gas;4 powerful conglomerate Vingroup’s Vinhomes real estate projects to transform urban residential areas;5 and SCG Group South Vietnam Petrochemical Complex, the first fully integrated petrochemical complex in Vietnam.6 The COVID-19 pandemic also witnessed different cases where there were controversies around corruption and greed. For example, Vietnam’s health minister was arrested in conjunction with an investigation into price gouging of COVID-19 test kits, whereby the investigation concluded that mismanagement allowed Viet A Technology Corporation to inflate prices.7 At the same time, businesses were hit hard during the pandemic due to low demand, financial difficulties and labour force shortages.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vietnam

Land and Resource Grabbing

Last Updated: 02/09/24

In the 1980s and 90s, land laws and agricultural transformation, as part of a broader transition towards a market economy through the Doi Moi reforms, took Vietnam from high levels of food insecurity towards being a large exporter of agricultural products.1,2 The Doi Moi reforms were initiated in 1986 and created a ‘socialist-oriented market economy’, allowing for the coordination of economic activity between government and private enterprise; private ownership of small enterprises; and the creation of a stock exchange. All land in Vietnam is owned by the people of Vietnam, but the State is the representative of this collective owner, and is the actor that allocates the rights to own and use land.3 Small scale farming was core to the development of export markets, including in rice production. The government promoted agriculture in uncultivated areas, including small scale farming. However, the country is undergoing another round of structural transformation to its economy. Over the past two decades, economic growth, the influence of private capital, and national strategies of industrialisation and urbanisation have converted many rural areas in Vietnam to peri-urban or urban areas.4 This development has been paired with the increased conversion of small household farmland to large-scale ownership by big corporations. Ten million hectares of agricultural and forest land have been estimated to be converted for urbanisation and industrialisation.5 Vietnam had 326 Special Economic Zones (SEZz) by 2018, which were 2.8 hectares of converted agricultural and forestry land.6 One million hectares have been converted for off-farm activities.7

Land grabbing by big corporations, including for the purposes of industrial zones and real estate projects, is the major source of land disputes in the country. Big real estate ventures in particular are profiting from these shifts in development strategy. These ventures include Vinhomes, Novaland, FLC and Sun Group. If enterprises are allowed to transfer non-residential to residential land without an auction, there is a risk of enterprises grabbing further land for this purpose and increasing prices. Because land funds in big cities are increasingly scarce and prices are increasing, investors have shifted focus towards land conversion.

There is also unequal access to and ownership of land. Vietnam’s endowment of 0.3 hectare of agricultural land per person is among the lowest in the world.8 The average farm size is less than a third of that in Thailand or Cambodia, amounting to 1,560 square metres.9

As of 2024, Vietnam has also amended its Land Law. A new amendment outlines various provisions, including changing how land is valued, increasing compensation for large acquisitions and improving living standards for those displaced by development.10 One such change is that land users now are entitled to a ‘residence and living standard equal or better than their former place of residence’. These changes were the result of debates among different actors, within the context of different periods of reform since the Doi Moi era, some of which privileged development at the expense of communities and social and human rights concerns.11

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vietnam

Climate Crises

Last Updated: 02/09/24

Vietnam is heavily vulnerable to diverse natural disasters as a result of its mixed ecology and location on the coastal shelf. Along the coastlines, there are tropical storms and typhoons; the mountainous regions in the north of the country experience landslides and flash flooding; and the Mekong Delta is vulnerable to rising sea level. Despite these myriad risks, the implementation of Vietnam’s climate adaptation and mitigation goals through its Nationally Determined Contribution (NDC) are at risk of being influenced and controlled by businesses as well as the Global North countries and its multinational corporations. In response, rural and Indigenous women in Vietnam are leading the fight against the false solutions brought about by this corporate capture and are asserting their human rights.

In the Mekong Delta in particular, climate change threatens the future of the agriculture and aquaculture economy through floods, droughts, erosion, degradation and saltwater intrusion.1 This region produces more than half of rice production and almost three quarters of fruit, aquaculture and fisheries.2 In addition, water resources face risks, affecting livelihoods and employment: Almost 500,000 people are involved in fishing, 100,000 in seafood processing and 2.1 million in fisheries services.3 These risks from climate change are being compounded by human activity in-country, such as dams and over-exploitation.4 If there is one metre of sea level rise, e.g., by 2,100, there is the possibility that 40 per cent of the Delta will be underwater.5

Climate change is already having disproportionate impacts on marginalised and grassroots communities who have less resilience to natural disasters and have higher reliance on agriculture. For example, in the Quang Nam province in Central Vietnam, home to Co Tu and Kinh Indigenous Peoples, there are high levels of poverty and also ecological susceptibility to disasters such as droughts, storms, floods and cold spells. These communities have large exposure to the impacts of climate change because they live in poverty, are engaged in agriculture, and rely on nature for their food and income. Their health is also impacted by prolonged hot weather, environmental pollution and other extreme climate events. Structurally, these rural and indigenous communities lack decision making power to respond to these realities, and also face linguistic barriers to understanding government information and policies about environmental issues. To obtain more secure livelihoods, many rural people have moved to cities in a wave of urbanisation, separating them from their families and support systems.6

In response to the worsening effects of climate change, Vietnam ratified the Paris Agreement in 2016 and has passed several laws to address this crisis. These include the National Climate Change Action Plan, National Strategy on Green Growth and Resolution 120/NQ-CP on Sustainable Development of the Mekong Delta. Climate targets are included within Vietnam’s socio economic development plans, which are five-year plans that outline goals on sustainable development. Vietnam was the ninth country to submit its updated NDC to the United Nations Framework Convention on Climate Change (UNFCCC). The updated NDC includes a commitment to decrease emissions from industrial processes by 27 per cent. It has stronger elements on both mitigation and adaptation, and includes mitigation efforts in energy, agriculture, waste, land use, forestry and industrial reform. On adaptation, there are targets to improve adaptive capacity, enhance resilience and reduce risks. It includes mention of issues such as loss and damage, health, gender equality and child protection. However, there is no clear articulation of how gender will be integrated, despite mentions of it. Because of that, there is a need to more strongly integrate gender into the NDC, as well as support at-risk communities. In addition, there is insufficient expertise at the provincial level on climate adaptation, an area which requires strengthening in order to have the desired impact locally.

By 2020, 10 per cent of electrical generation was through wind and solar, meeting Vietnam’s goals for 2030.7 Vietnam is among the world leaders in solar power, with 102 solar power plants as of 2020. However, there is still a great deal of dependence on coal, including imports from Australia and Indonesia.8 ‘False solutions’ – climate policies that claim to address climate issues but have harmful impacts on communities – are also a growing risk in Vietnam’s climate response. The Vietnamese government is pursuing hydropower plant projects, promoting them as clean energy initiatives. Hydropower is a renewable energy with relatively low emissions, and comprises around 40 per cent of the total electricity capacity of Vietnam.9 But hydropower plant construction harms communities and the environment, such as by destroying forests, including special-use forests and watershed forests which are key carbon sinks. It also results in displacement and forced resettlement of surrounding communities and impacts to agricultural production. For example, people living in downstream areas suffer losses during flood season (due to flooding) and drought season (due to water shortage). Hydropower can also create large indirect greenhouse gas emissions through land use changes and deforestation. Despite this, the impacts of hydropower on communities are not mentioned or addressed in Vietnam’s NDC.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vietnam

Militarism and Armed Conflict

Last Updated: 02/09/24

Throughout the 19th and 20th centuries in particular, people in Vietnam suffered under decades of successive violent phases of colonial rule, military occupation and wars. The war with the United States, which ended in 1975, had devastating consequences on Vietnam’s people and environment. An estimated 2 million civilians, 1.1 million North Vietnamese troops, and 200,000-250,000 South Vietnamese troops were killed.1 The United States dropped eight million tonnes of bombs on Vietnam during an eight-year period. Fifty years after the end of the war, there are still demining efforts ongoing and an estimated 19 per cent of Vietnam remains contaminated with unexploded ordnance, particularly in southern and central Vietnam.2 Since the war ended, PeaceTrees Vietnam estimates that 40,000 people have been killed by unexploded ordnance.3 The ongoing work to remove unexploded bombs from Vietnam and other countries that were affected by these devastating bombing campaigns is core to healing communities and the environment from the trauma of war.

Vietnam’s environment and population health also still remains impacted to this day by the use of chemicals such as Agent Orange and Agent Blue during the war. Agent Orange was sprayed across at least 4.5 million acres of land in Vietnam over the decade between 1961 and 1971. These chemicals caused birth defects, health issues to eyes and gastrointestinal systems, diseases such as cancer, miscarriage, premature death particularly of infants and increased likelihood of being a genetic carrier of birth defects, all of which have disproportionate impacts on women. Around 4.8 million Vietnamese people were exposed to Agent Orange, and an estimated 400,000 Vietnamese people have died from exposure to it.4 These chemicals also caused widespread devastation to the jungles and mangrove forests of Vietnam, resulting in deforestation, destruction of vegetable cover and animal habitats, and contaminated soil.

Chinese invasion and incursions on Vietnamese sovereignty have a long history that is reverberating today in maritime disputes. There has historically been conflict along the Vietnamese-Chinese land border, impacting the livelihoods and economic productivity of communities in the region. This conflict began in 1979 with Chinese forces invading North Vietnam and capturing cities near the border. This was followed by over a decade of tension and armed conflict, where Vietnam was more severely affected by being forced to maintain a large military force along the border. This had a negative impact on the economy as well as the lives of people in border areas.

Today, the legacies of past conflict and Chinese belligerence are manifesting in Chinese incursions on Vietnamese maritime sovereignty. Vietnam is perceiving an increased threat from China in the Spratly Islands and South China Sea.5 Chinese vessels have violated Vietnamese sovereignty in the South China Sea, threatening an open conflict.6 Although Vietnam has substantial military capabilities, any conflict could threaten Vietnam’s development priorities by redirecting resources away from gender-transformative sustainable development and by subjecting the population to further armed conflict. Within this context, Vietnam is increasing its military spending, with projected growth at eight per cent per year in its budget.7 It is also considering opening up its market to foreign weapons companies.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vietnam

Patriarchal Authoritarian Governance

Last Updated: 02/09/24

Although there is still more progress to be made in terms of ending poverty, protecting the environment and achieving sustainable development in Vietnam, the activists and defenders who are advocating for this future face political repression and restrictions on their activities. Government actors and police have been suppressing civil society dissent and free expression on a range of issues.

Although Vietnam has recognised the essential need for addressing the climate crisis in the country, it is criminalising the work of environmental activists who are pressuring the government to phase out coal and move the country towards a sustainable future.The United Nations Office of the High Commissioner for Human Rights (UN OHCHR) has noted an increased ‘crackdown’ on environmental and climate activists since 2021. It has expressed concern about the use of criminal charges to imprison different environmental rights defenders and suppress their free expression,1 as well as ‘the broader trend of arrests, arbitrary detention and disproportionate sentencing of journalists, bloggers, Facebook users, social activists, land rights defenders, human rights defenders and leaders of civil society organisations’.2 Such repression is exacerbated by concerns about a broader lack of judicial independence and access to the right to a fair trial. This is all despite the fact that the work of environmental defenders is critical for achieving Vietnam’s goals on climate and a just and equitable transition.3 This crackdown on dissent mirrors other countries in the region, where environment and land defenders are being repressed for challenging state policy and harmful corporate activities.4

Suppression of environmental activists is mirrored by trends in other areas of free expression and activism. In early 2024, there have been reports that Vietnam has adopted a new directive which would restrict trade unionism and labour organising, as well as restrict foreign aid.5 Such a policy would violate the rights to Freedom of Association (FOA) and also contravenes reports that Vietnam is planning on signing on to the International Labour Organisation (ILO) Convention 876 on workers’ rights in 2024 in order to reduce risks of trade disputes.7

During the COVID-19 pandemic lockdown periods, there was criticism of restrictive government policies that were imposed as part of measures to protect public health. Vietnam’s approach successfully resulted in keeping COVID-19 cases very low and thereby protected overall population health, but also included repressive measures such as blockades of entire buildings upon the discovery of positive cases.8 In addition, it scaled up surveillance, and aggressively went after supposedly ‘fake news’ of those who criticised government policy.9 This reflects a wider trend within the region, whereby other governments have also increased their surveillance capacities over the past few years.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Vietnam

Patriarchal Structures and Norms

Last Updated: 02/09/24

Patriarchy dominates the public and private spheres in Vietnam, resulting in persistent Violence Against Women and Girls (VAW) as well as low representation of women in decision-making. Vietnam has legal frameworks on gender equality, but there is still persistent discrimination against women on a structural level. Women and girls perform the majority of unpaid care work in households, and patriarchal expectations exclude women from meaningfully taking up leadership in society. Women and girls in two-thirds of households are tasked with water collection.1 In terms of employment and decision-making, women make up 40 per cent of public sector employees but have low numbers of leadership roles. Across different sectors, gender pay gaps also persist. In the 2021 elections, the percentage of women in the National Assembly passed 30 per cent, an increase that reflects growing representation. However, women have a low representation in executive functions: only two out of 22 ministries and high-level agencies are led by a woman.2

A national study on VAW in Vietnam, conducted in 2019, found that over 60 per cent of married women in Vietnam had experienced some form of violence (physical, emotional, sexual and more) from their husband or partner.3 This horrifying reality means that half of the women in the country have experienced abuse in their lifetimes. During the COVID-19 pandemic, survivor/victim support services received a large increase in calls to their violence hotline. A different independent study found that 80.9 per cent of the women have suffered from controlling behaviours of their partner, while 87.8 per cent and 59 per cent experienced psychological and physical abuses, respectively.4 In addition, one out of every ten women experienced violence from another person other than a husband. The government of Vietnam has not fully met the minimum standards for eliminating trafficking, making this also of deep concern in relation to eliminating Violence Against Women and Girls.

Another significant barrier to making progress on SDG 5 is the lack of data on issues related to women’s human rights. There is a need for more comprehensive, nationwide studies on VAWG, employment and the harmful impacts of gendered norms. Such data would support efforts at implementing SDG 5 and also to integrate gender across other policy areas, such as climate and economic policy.

References

International Treaties/Conventions - Vietnam

What Has Vietnam
Committed To?

List of international treaties/conventions that Vietnam is signatory to:1
treaties/conventions for vietnam
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CAT - Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
    07 Nov 2013
    05 Feb 2015
  • CAT-OP - Optional Protocol of the Convention against Torture
  • CCPR - International Covenant on Civil and Political Rights
    24 Sep 1982 (a)
  • CCPR-OP2-DP - Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty
  • CED - Convention for the Protection of All Persons from Enforced Disappearance
  • CED, Art.32 - Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance
  • CEDAW - Convention on the Elimination of All Forms of Discrimination against Women
    29 Jul 1980
    17 Feb 1982
  • CERD - International Convention on the Elimination of All Forms of Racial Discrimination
    09 Jun 1982 (a)
  • CESCR - International Covenant on Economic, Social and Cultural Rights
    24 Sep 1982 (a)
  • CMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
  • CRC - Convention on the Rights of the Child
    26 Jan 1990
    28 Feb 1990
  • CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    08 Sep 2000
    20 Dec 2001
  • CRC-OP-SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    08 Sep 2000
    20 Dec 2001
  • CRPD - Convention on the Rights of Persons with Disabilities
    22 Oct 2007
    05 Feb 2015
  • C029 - Forced Labour Convention, 1930 (No. 29)
    05 Mar 2007
    In Force
  • C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
    05 Jul 2019
    In Force
  • C100 - Equal Remuneration Convention, 1951 (No. 100)
    07 Oct 1997
    In Force
  • C105 - Abolition of Forced Labour Convention, 1957 (No. 105)
    14 Jul 2020
    In Force
  • C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
    07 Oct 1997
    In Force
  • C138 - Minimum Age Convention, 1973 (No. 138) Minimum age specified: 15 years. Pursuant to Article 3, the minimum age for admission to underground work has been specified to be 18 years.
    24 Jun 2003
    In Force
  • C155 - Occupational Safety and Health Convention, 1981 (No. 155)
    03 Oct 1994
    In Force
  • C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
    19 Dec 2000
    In Force
  • C187 - Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
    16 May 2014
    In Force
  • C081 - Labour Inspection Convention, 1947 (No. 81)
    03 Oct 1994
    In Force
  • C122 - Employment Policy Convention, 1964 (No. 122)
    11 Jun 2012
    In Force
  • C144 - Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
    09 Jun 2008
    In Force
  • C005 - Minimum Age (Industry) Convention, 1919 (No. 5)
    03 Oct 1994
    Not In Force (Automatic Denunciation on 23 Jun 2004 by convention C138)
  • C006 - Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
    03 Oct 1994
    In Force
  • C014 - Weekly Rest (Industry) Convention, 1921 (No. 14)
    03 Oct 1994
    In Force
  • C027 - Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27)
    03 Oct 1994
    In Force
  • C045 - Underground Work (Women) Convention, 1935 (No. 45)
    03 Oct 1994
    In Force
  • C080 - Final Articles Revision Convention, 1946 (No. 80)
    03 Oct 1994
    In Force
  • C088 - Employment Service Convention, 1948 (No. 88)
    23 Jan 2019
    In Force
  • C116 - Final Articles Revision Convention, 1961 (No. 116)
    03 Oct 1994
    In Force
  • C120 - Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
    03 Oct 1994
    In Force
  • C123 - Minimum Age (Underground Work) Convention, 1965 (No. 123) Minimum age specified: 18 years
    20 Feb 1995
    Not In Force (Automatic Denunciation on 09 Jul 2020 by convention C138)
  • C124 - Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124)
    03 Oct 1994
    In Force
  • C159 - Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
    25 Mar 2019
    In Force
  • MLC, 2006 - Maritime Labour Convention, 2006 (MLC, 2006) In accordance with Standard A4.5 (2) and (10), the Government has specified the following branches of social security: medical care; old-age benefit and employment injury benefit.
    08 May 2013
    In Force (MLC Amendments)
Last Updated: 02/09/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Vietnam

Women’s Priority Issues & Recommendations

Developed by: Research Centre for Gender, Family and Environment in Development (CGFED), Vietnam, 2019
recommendations for vietnam
Last Updated: 02/09/24

Among the many challenges that Vietnam faces to achieving the SDGs and Development Justice, women’s rights organisations have identified the need to focus stronger efforts on several key goals. These include the cross-cutting issues within SDG 5 on gender equality; SDG 8 on decent work due to recent shifts in Vietnam’s economic model; SDG 12 on sustainable consumption and production; and SDG 14 due to being a coastal nation that relies on ocean resources. Below are several key priorities and statistics related to these goals.

Goal 5 – Achieve Gender Equality and Empower all Girls

Achieving Goal 5 on Gender Equality requires addressing numerous challenges in Vietnam, including on equal pay, gender-based violence, unequal access to services and barriers to education. Women’s participation in non-agricultural employment has grown sharply, especially in rural areas. But women’s earnings are still lower than men’s because women remain relegated to low-wage, low-skilled labour. With regards to gender-based discrimination, there is an unbalanced sex ratio at birth, with 110 boys being born for every 100 girls. Gender-based violence is rampant, and approximately six in 10 women have experienced physical, sexual or mental violence by their partner. Women spend an average of five hours per day on unpaid care work, two to two and a half hours more than men.1 There remain serious inequalities in the provision of health services for rural women and ethnic minorities due to poverty, lack of accessible medical facilities and language barriers, among others. The literacy rate for women is lower than that of men, at 94.6 per cent compared to 97 per cent.2

Goal 8 – Decent Work and Economic Growth

Progress towards Goal 8 on Decent Work is hampered by rising inequalities resulting from shifts in Vietnam’s development model, which are disproportionately impacting women and girls and other marginalised communities. Income inequality in the country has risen dramatically in the last two decades, and today, most new wealth created in the nation is channelled to the wealthy and the private sector. The Labour Code 2012 stipulated that minimum wages must meet the minimum living needs of workers and their families.3 However, according to the 2018 report of the Ministry of Labour – Invalids and Social Affair (MOLISA), regional minimum wages only meet 50 per cent – 60 per cent of the minimum living standard requirements of workers.4 Women, ethnic minorities, smallholder farmers and migrant workers comprise a majority of the nation’s poor, as they are disproportionately denied access to public services and productive resources, remain excluded from political decision-making processes and face widespread discrimination. The right to a safe and healthy working environment is yet to be protected. Ensuring safety of workers is one of the most important aspects of this goal. However, national indicators do not cover all the aspects of labour safety, especially in specific industries such as the electronics industry.5

Developed by: Center for Sustainable Community Development (SCODE), 2022

Goal 12 – Ensure Sustainable Consumption and Production Patterns

Achieving Goal 12 on sustainable consumption and production has been identified as one of the least likely SDGs to be achieved in Vietnam. However, this goal, of ensuring sustainable consumption and production patterns, is essential to providing a healthy and safe environment. In Vietnam, there is a large amount of domestic solid waste generated, at 38,500 tonnes per day. The percentage of solid waste in landfill is approximately 70 per cent. However, only a small percentage of enterprises use cleaner production solutions. According to one piece of research that was conducted in 11 localities, the range of enterprises using clean solutions is between 15 and 40 per cent. This means that there is much more progress to be made on this goal, which remains critical for sustainable development in Vietnam.6

Goal 14 – Conserve and Sustainably use the Oceans, Seas and Marine Resources for Sustainable Development

As a coastal nation, Vietnam is deeply threatened by climate change, which is already impacting lives and livelihoods of communities. SDG 14 was also identified as one of the goals that faces particular barriers to implementation in Vietnam. However, protection of oceans, seas and marine resources is essential for the wellbeing of Vietnam’s people and diverse animal species. In recent years, there has been a decrease in marine reservations, fishing quantity and productivity as a result of damage to marine ecosystems. Seagrass ecosystems, coral reefs and coastal mangrove swamps are decreasing in area and are in danger of severe degradation.7 The marine environment is also affected by increased socioeconomic activity, as well as coastal tourism buildup.

Recommendations

In order to address the myriad barriers to Development Justice that are facing Vietnam, women’s rights organisations are recommending structural changes to development models as well as changes to SDG-related governance. Some recommendations to this effect to the government of Vietnam are included below.

  • Developed by: Center for Sustainable Community Development (SCODE), 2022

    • Strengthen gender equality work across SDGs implementation. Involve women in sustainable development processes;
    • Include WROs in the SDG process: Incorporate women’s rights organisations into SDG implementation, monitoring and evaluation of indicators and impacts of SDG initiatives;
    • Improve adaptive capacity of marginalised communities to climate-induced natural disasters, including by ensuring access to public social services and disaster housing assistance;
    • Provide gender-responsive priority access to food, water and sanitation to reduce the burden on women, who are responsible for taking care of the family's needs;
    • Enhance data collection for appropriate disaster response: ensure data disaggregation on the basis of gender, age, the status of vulnerable groups such as pregnant women, children, people with disabilities;
    • Expand early warning systems to ensure that rural women and their families are safe during storms, floods, earthquakes and similar disasters;
    • Establish community homes to ensure that families needing evacuation have a temporary place to stay;
    • Integrate climate mitigation in school curriculum. Include topics on sustainable consumption and production; and
    • Suspend the operation of coal power plants. Increase the use of renewable energy.
  • Developed by: Research Centre for Gender, Family and Environment in Development (CGFED), Vietnam, 2019

    • Develop national indicators for SDG monitoring: accelerate the completion and issuance of a national indicator system in consultation with civil society in order to monitor the national action programme for Agenda 2030 and SDGs;
    • Develop and implement a national awareness-building campaign to increase knowledge on non-discrimination and equality. This would better foster equal opportunities for all (particularly workers in the formal and informal sectors) and national anti-discrimination legislation;
    • Develop and implement a public awareness campaign centred on sustainable development, Agenda 2030 and the SDGs. This should focus on enhancing awareness and participation of women, young people, ethnic minorities and other marginalised groups; and
    • Create an enabling environment for CSO monitoring of SDGs. Create an enabling environment for CSOs to participate in and monitor the implementation of the SDGs. This should be reflected through specific indicators in order to implement the National Action Plan for Agenda 2030 and SDGs.

References

Accountability - Vietnam

Women’s Rights Groups Demand Accountability

Based on the specific issues faced by women and girls in Vietnam, women’s rights organisations have demanded accountability from local and national governments by highlighting several key concerns (as of 2021).
accountability for vietnam
Last Updated: 02/09/24
  • Women’s human rights and empowerment of marginalised women and girls
  • Workers’ rights and safety
  • Ensuring sustainable consumption and production
  • Protecting marine life and coastal areas

References

Accountability - Vietnam

Sustainable Development: Structures of Accountability

accountability for vietnam
Last Updated: 04/09/24

In May 2017, Vietnam’s National Plan for Implementation of Agenda 2030 institutionalised the Sustainable Development Goals (SDGs) within national planning. Vietnam has prioritised sustainable development in its socioeconomic development strategies which are along 10-year and five-year timeframes, namely, the Socio-Economic Development Strategy 2021-2030 and the Socio-Economic Development Plan 2021-2025. In addition, sustainable development targets are included across the National Development Plans. Within Vietnam’s National Plan of Action, different governmental agencies and organisations are designated to play different roles in the implementation of the SDGs. In the SDG National Plan of Action, 17 goals and 169 targets of the 2030 Agenda have been nationalised into 17 Vietnam SDGs; there are also 115 targets which reflect the 150/169 global targets.1 Funding for the SDGs primarily comes from the government budget, Official Development Assistance (ODA) and the private sector. Nationally, there continues to be gaps in awareness among the population and local governments regarding the SDGs, making this an important area to make progress on.

The Ministry of Planning and Investment (MPI), in the Office of the Prime Minister, manages the monitoring and evaluation of Vietnam’s implementation of the SDGs. Each year, ministries, agencies and People’s Committees in different municipalities and provinces report on the SDGs in their communities. Monitoring is also conducted according to 158 indicators, which are part of the MPI’s roadmap of implementation. MPI is also responsible for conducting Vietnam’s Voluntary National Review (VNR). The roadmap indicates how different actors can build specific targets into the socioeconomic development plans described above, and provides a basis for assessing progress in 2020, 2025 and 2030. According to the People’s Development Justice Report by the Center for Sustainable Community Development, 17/22 ministries, branches and 51/63 provinces and centrally-run cities have issued action plans to implement the 2030 Agenda.2

In 2020, a national report was produced to assess Vietnam’s progress on different SDGs indicators. This report provided a five-year examination of the implementation of the SDGs in Vietnam and also identified restrictions, limitations, difficulties and challenges faced in this work. The report assessed that Vietnam was likely to achieve SDGs 1, 2, 13 and 17, but faces challenges to the rest, in particular SDGs 12 and 14.3

Vietnam has conducted two VNRs at the High-Level Political Forum on Sustainable Development, one in 2018 and one in 2023.4 In its 2023 VNR, it articulated how Vietnam has experienced a difficult context in making progress on the SDGs due to multiple factors, including the impacts of COVID-19, increases in food and fuel prices, financial instability on an external level, and climate change and natural disasters.5 It noted that there has been substantial progress on SDGs 1, 6, 9, 10, 16 and 17. However, it also highlighted specific challenges and plans to address gaps on SDG 2, 4, 5, 7, 8, 11, 12, 13, 14 and 15. These include, for example, the need to combat harmful social norms on gender.6 Vietnam has identified six key priorities to successfully implement the 2030 agenda, which are included in its summary report.7

Civil society has played some role in the SDGs processes in Vietnam, although Civil Society Organisations (CSOs) express the need for strengthening collaboration between government and different actors. The civil society landscape in Vietnam has expanded to work on a range of issues, beyond poverty alleviation alone and into gender equality, environment and more. Some CSOs have been involved in the consultations for the VNR process, and the People’s Development Justice Report identifies how the VNR in 2018 strengthened the relationship between CSOs and the government on these issues. Some Non-governmental Organisations (NGOs) have also contributed to reporting on the SDGs. The 2023 VNR highlights one priority as ‘Engage all stakeholders and collaborate with all partners to achieve the SDGs for all by 2030’.8

However, there have also been challenges to civil society inclusion, reflecting a wider phenomenon of shrinking and uneven civic space. MPI invited several CSOs to participate in the VNR process, which was an opportunity to share insights, information and perspectives from communities. But officials from the Ministry of Security maligned several of the groups as ‘hostile forces’, something which could potentially discourage CSO participation in the future. In addition, even when CSOs are invited to participate, as in other countries, there is no guarantee that CSO recommendations will be included in the final outputs.


References

Case Study - Đại Hồng, Vietnam

Women Fight Back Against the Harmful Impacts of the A Vuong Hydropower Plant

Last Updated: 02/09/24

The Vietnamese government promotes hydropower projects as clean energy initiatives, but their impacts on rural and Indigenous communities make them false solutions to the climate crisis. Land grabbing for large infrastructure projects has been a critical Development Justice concern in Vietnam.

The construction of the A Vuong hydropower plant resulted in displacement and resettlement of the residents in the affected area. The hydropower plant changed the flow of the river, and flood discharge caused doubled-flooding downstream, especially in the Dai Hong commune. This development has severely impacted local residents, such as the Co Tu women in A Lua and A So villages, and Kinh women in the Dai Hong commune. These communities are dependent on natural resources and therefore the stability of the environment for their survival, all of which have been disrupted by the hydropower plant. Similarly, in the Tay Giang and Dong Giang districts, rural and Indigenous communities have been forced to resettle, and changes to the flow of the Vu Gia River impacted the livelihoods of middle and downstream communities. The impacts of this project have included landslides, sedimentation affecting agricultural production, decrease of fish populations and increased risk of flooding. In response, women have organised themselves to fight back against this development project and the impacts it has had on their communities.

Through the Feminist Participatory Action Research (FPAR) on the issue of climate justice, Co Tu and Kinh women came together to coordinate, organise and assert their human rights. The women brought community members together in training courses that strengthened their understanding of the impacts of climate crises and harmful development projects; they developed disaster maps, formed disaster response teams, procured equipment and a decentralised and localised Early Warning System. They raised their demands with different actors and developed recommendations for provincial governments about how development projects cannot be at the expense of the safety, livelihoods and welfare of communities, particularly marginalised groups.

These recommendations to the provincial governments included: consult women’s groups on climate justice concerns; upgrade systematic early warning systems; support and sustain sustainable agriculture amidst these developments; integrate traditional knowledge in government responses; and ensure that communities have access to the national programme on sustainable poverty reduction.

Source

Case Study - Thua Thien Hue province, Vietnam

Women Confronting the Impacts of Climate Change across Vietnam

Last Updated: 02/09/24

Women and girls are the most vulnerable to the impacts of climate change, due to their roles in care work, agriculture and food and water collection.1,2 Increasing soil salinity is impacting rice production in the east of Vietnam. Each year, the storm season poses increased risks to lives and livelihoods. However, village response teams that react to disasters are historically male-only, affecting the gender responsiveness of disaster risk reduction efforts.

Near Tam Giang Lagoon in Thua Thien Hue province, women have responded to these realities by adapting their agricultural production and working to make disaster response more tailored to their needs.3 Women have developed new ways to plant crops in sandy soil, and have added new crops such as watermelons. Some women have joined traditionally male-only Village Rapid Response teams and have been trained in rescue, first aid and storm warnings. The women have also organised themselves into a sub-group to continue to advocate for accountability and climate justice at both the national and global levels. These calls for accountability include a radical and urgent transition from extractive, profit-based economies to people centred models that are just, equitable, gender-transformative and locally driven.4

Over in Quang Tri Province in central Vietnam, rural women are also organising to demand that governments include them in climate adaptation policy-making. Quang Tri Province is one of the hardest-hit provinces in Vietnam in terms of climate change-induced weather events. This province is affected by flooding, land subsidence (the gradual caving in or sinking of land), salinity and drought, and is also impacted by deforestation. All of these factors are affecting lives and livelihoods for people living in the province. Floods and extreme heat combine to pose repeated and unpredictable risks to residents. However, despite these factors, communities are not part of government planning or decision-making about these issues. Through a process of FPAR with the support of the Center for Sustainable Community Development (SCODE), the women worked together on tackling the missing role of women in climate action and in the Socio-Economic Development Plan of the government of Vietnam, which looks at SDG 5 (gender equality and empowerment for women and girls) and SDG 13 (climate action).5 These efforts strengthened the knowledge and capacity of women in the community on issues of climate change and climate justice and the differentiated impacts of the climate crisis on women and girls. This work supported them to build their analysis and demands for climate justice, and to be more engaged in the policymaking process.

Source

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Thailand

Finance, Trade and Investment Agreements

Last Updated: 02/09/24

Neoliberal globalisation has enabled the proliferation of trade agreements, which have impacted domestic agriculture and industry in Thailand. Thailand has 14 Free Trade Agreements (FTAs) with 18 different countries, both bilaterally and as a member of the Association of Southeast Asian Nations (ASEAN).1 The most recent is the Regional Comprehensive Economic Partnership (RCEP), the largest free trade bloc in the world, which came into effect in 2022. Thailand has FTAs on a bilateral basis with Australia, New Zealand, Japan, Peru, Chile and India.2 Others are under discussion, such as the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Corporation, trade agreements with the European Union, Pakistan, Sri Lanka and Turkey, as well as between ASEAN and Canada. Overall, women reported that the expansion of free trade has resulted in the reduction of import tariffs to zero or near zero.3 Among other impacts, this has affected Thai farmers because the market has been flooded by imported vegetables, fruits, grains and dairy. In 2022, Thailand’s imports grew to around USD 303 billion, triggering a trade deficit of USD 16.1 billion, reflecting the growing impact of free trade agreements. For five years in a row, Thailand has registered a trade deficit with China, reaching record highs as of the beginning of 2024 and posing great challenges to domestic industry.4 Thailand is also involved in a number of trade disputes: 14 as complainant, four as respondent, and 103 as a third party.5 It has a pending Investor State Dispute Settlements (ISDS) case as respondent against Akara Resources Public Co Limited, which operates a gold mine.6

The majority of Thailand’s exports are in the manufacturing sector, which is 34 per cent of the overall economy and employs 6.3 million people.7 The largest export category is in electronics. Thailand also has large amounts of foreign investment, in particular in automobiles, electronics and electric appliances, which is one of the factors driving its economic growth. In ASEAN, Thailand is the third largest Foreign Direct Investment (FDI) destination, right behind Indonesia, with most inward FDI stocks from Japan, the US and Singapore, as well as rising amounts from other countries such as China.8 In 2023, Thailand’s investment applications increased 22 per cent from the previous year, particularly for foreign projects in the electronics, food and auto sectors.9 This reflects a notable trend that will have impacts on the future development of the country.

This export-oriented manufacturing strategy relies heavily on the exploitation of inexpensive migrant labour, mostly from neighbouring countries such as Cambodia, Burma/Myanmar, Laos and Vietnam. Thailand became a net receiving country of migrant workers in the mid 1990s. Further, according to a report published in 2019 by the UN Thematic Group on Migration, migrant workers comprise 10 per cent of the labour force.10 The Ministry of Labour identifies 3.2 million documented workers, although there are many more who have migrated through irregular channels. Migrant workers work predominantly in industries such as garments, electronics, domestic work, construction, entertainment, seafood processing and agriculture.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Thailand

Workers’ Rights and Labour Standards

Last Updated: 02/09/24

The treatment of migrant workers in Thailand is characterised by prevailing insecurity, lack of proper employment contracts, lack of formalisation, and denial of basic rights to minimum wage, regular working hours, overtime pay and social security. The Royal Ordinance Concerning the Management of Employment of Foreign Workers (2017) is the prevailing policy on employment of migrant workers. It provides no path to permanent residency and citizenship; brings migrants on as seasonal workers; and bars them from changing jobs without authorisation. Human rights advocates have criticised Thai migrant worker policies for creating an environment rife with exploitation.1,2

Minimum wage compliance, stable documentation and lack of flexibility around changing jobs are the most urgent issues for migrant workers in Thailand. There have also been reports of forced labor, assaults, killings, torture and ill treatment in detention.3 Women migrant workers are particularly marginalised and face intersecting forms of discrimination. Women migrant workers in Thailand, like in other countries in Asia and the Pacific, are largely working in devalued, low paid and unorganised sectors like agriculture, domestic work, services and garments. In order to work safely in Thailand without fear of arrest or deportation, women migrants must be documented, through their employer registering them. In practice, many employers do not do this, and others sometimes leave employees to register themselves, leaving them vulnerable to scams. Migrant labour policy is also continually changing; over one 20 year period, there were 30 different registration rounds. Although migrants are categorically covered by some of the same protections as Thai workers, many of the most prominent industries that they work in are exempted from these requirements.

On average, according to findings in the People’s Development Justice Report by the Foundation for Women in 2017, women made USD 0.85-2.83 or Thai Baht (THB) 30-100 less than men per day.4 The pay gap between male documented migrant workers and undocumented female migrant workers was particularly stark: USD 7.61 or THB 269 per day to USD 4.92 or THB 174 per day respectively.5 Although Thailand’s 1998 Labour Protection Act limits working hours to eight per day or 48 hours per week, overtime is often not paid and in practice, workers are fined for taking days off. The domestic work and fishing sectors have been particular sites of exploitation. Domestic workers do not have any limits on their working hours and there have been findings of forced labour in the domestic work sector.6 The fishing sector also has severe violations including forced labour, whipping, maiming of workers and 22 hour shifts.7 In response, actors such as the European Commission and the US State Department have issued warnings about how these violations could threaten Thai exports to those economies.8

Migrant workers’ power to fight back against these conditions is limited by the prevailing policy frameworks, including the Labour Relations Act of 1975 which prohibits migrants from setting up, registering or serving as a committee member of a labour union. Domestic workers are not allowed to join unions, and writ large, language barriers and restrictions on free movement limit union membership. Women activists report that the prevailing policy approach still continues to see migrants as a threat to national security and restricts them to temporary status, undermining decent work standards.9

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Thailand

Influence of Private Capital

Last Updated: 02/09/24

In Thailand, there are a number of ways in which corporations are exerting increased power over policymaking. Thailand was the first country in Asia to develop a National Action Plan on Business and Human Rights, which it adopted in 2019. It created a second one in 2023 which will be implemented for the duration of 2023-2027.1 However, human rights organisations report that there has been a persistent lack of accountability and implementation of these guidelines, as well as a lack of adequate frameworks for implementation.2 Foreign companies have leveraged their financial strength and power to influence policies and regulations. For example, US firm Bayer AG successfully lobbied to reverse a ban on glyphosate in Thailand.3

Corporations have been responsible for repression of critics. For example, in one case, Thai poultry producer Thammakaset Co. has sued critics for drawing attention to harmful working conditions at its poultry plants.4 These realities reflect the need for stronger legal frameworks and the political will to implement them, in order to effectively regulate corporate behaviour and maintain checks on rising corporate influence.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Thailand

Land and Resource Grabbing

Last Updated: 02/09/24

Widespread income inequality in Thailand is mirrored by unequal access to resources such as land. In order to facilitate development strategies that centre infrastructure and industrialisation, there has been increased land grabbing of agricultural lands for the purposes of new economic development projects. Farmers face threats of land grabbing by actors aiming to consolidate these lands into large industrial zones, threatening their livelihoods and wellbeing.1

These developments are exacerbating longstanding existing inequalities. Approximately 40 per cent of farm households do not have land ownership and 58 per cent do not have access to water resources.2 Farmers have high levels of debt, with 30 per cent of farming households possessing higher than average debt levels, and 40 per cent of farming households live below the poverty line.3 Local farmers have found themselves unable to compete with cheaper imported goods that have been brought in through FTAs. This has further threatened food security as well as livelihoods of rural, farming and Indigenous communities.

Given the prevailing inequalities in land access in Thailand, communities have expressed that current targets such as SDG 1.4.1 and 1.4.2 are insufficient for achieving Development Justice. In particular, there is a need to understand the amount of land that is accessed by small land holders along lines of gender and ethnicity, because of longstanding inequalities in access by women and Indigenous Peoples.

Land grabbing has also harmed marginalised communities even when it is part of strategies that, on face value, are ostensibly aimed at contributing to sustainable development. The Thai government issued an order in 2014 to expand conservation efforts aimed at meeting climate targets, restoring national forests and suppressing deforestation. The goal of this was to increase national forest land from 10 per cent to 40 per cent within ten years, while also addressing illegal landholding, expansion of agriculture and destruction of forests. However, this chosen way to implement Thailand’s climate obligations policy has had the consequence of grabbing land from communities including from Indigenous Peoples, because the government failed to exclude community lands and community agricultural holdings prior to this declaration. This measure did not consider the long-standing traditional use of lands by Indigenous Peoples, and has resulted in forced evictions and displacements.4

Due to forest restoration efforts, communities including Indigenous Peoples have been labelled as illegal invaders on their own lands. Women activists report that field officers who are implementing these conservation policies have failed to properly distinguish between poor farmers and employees of powerful agricultural interests. As a result, they have displaced Indigenous Peoples, arrested communities, destroyed crops and denied the rights of small farmers to continue living on and farming their lands despite being there for many decades. There have then been cyclical effects, including the expansion of the drug trade as an alternative to traditional farming. Crackdowns on the drug trade have resulted in further repression and incarceration.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Thailand

Climate Crises

Last Updated: 02/09/24

Thailand faces many threats as a result of rising sea levels and increasing temperatures due to climate change. Thailand is a country with extensive coastlines and diverse ecosystems, as well as a large agricultural sector. As in other countries in Southeast Asia, rice production is severely threatened by rising temperatures and droughts because rice cultivation requires large amounts of water. The World Bank estimates that a 1-in-50 year flood (such as the 2011 floods) in 2030 would cost more than 10 per cent of the country’s Gross Domestic Product (GDP) in lost production.1 These new realities require strong, gender-transformative, human-rights-centric policy responses that address the impacts of climate change on the lives, lands, health and resources of rural women, Indigenous Peoples and ecosystems.

Thailand updated its Nationally-Determined Contribution (NDC) in October 2020, with the commitment to reduce emissions by 20-25 per cent by 2030.2 It then submitted a second updated NDC in November 2022.3 In this second updated NDC, Thailand increased greenhouse gas reduction targets to 30 per cent, an increase from 20 per cent, and increased the conditional target from 25 to 40 per cent. The components on adaptation remain the same as in the first updated NDC. Regarding adaptation, there is some focus on water resources management, disaster management and risk management for the tourism centre, as well as enhancing conservation efforts. Thailand has developed a National Adaptation Plan to provide a framework for this work.4

Regarding the first updated NDC, women activists have assessed that these efforts do not adequately consider and advance human rights, including of marginalised populations, or address the gender-differentiated impacts of climate change. There is a need to more strongly engage local communities to ensure that climate mitigation and adaptation do not have unintended consequences that harm human rights and community rights, or adopt false solutions that harm the environment in other ways. For example, in addressing droughts, communities have expressed concern that false solutions such as large dams have historically resulted in displacement of local communities, reduced fertility of agricultural lands, and destroyed wildlife habitats and biodiversity.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Thailand

Militarism and Armed Conflict

Last Updated: 02/09/24

Thailand has experienced sporadic coups since the ‘democratic revolution’ in 1932 and alternated between military rule and democracy for nearly a century. Its most recent military coup was in May 2014, and even during periods of more democratic governance, the military has retained a privileged and influential position within Thai society and governance. Because of Thailand’s repeated military coups, there has been inadequate development of democratic frameworks and civilian government administration. Militarism – entrenched in government rule and life – has failed to develop a meaningful, people-led democratisation in Thailand.

Thailand’s military expenditure has significantly increased in recent decades, although it has declined as a share of the government budget and GDP. In 1988, military expenditure was USD 3.5 billion, while today, it is USD 5.7 billion. It is currently 4.58 per cent of government expenditure, down from 13.67 percent in 1995.1 However, in 2022, military imports soared in Thailand, over 1,000 per cent.2 There are fierce debates within the country about scaling back the size of the military, which is facing opposition from powerful and influential generals. Further, there have been secretive military budgets proposed with limited transparency about their use.3

There is some growing urgency in favour of militarisation, which leaders are justifying under the basis of the increasingly tense geopolitical dynamics of the region. Thailand has recently worked on a submarine deal with China, in efforts to build up its navy, and is also seeking to acquire military fighter jets from the United States.4 These efforts are directly undermining progress on the Sustainable Development Goals, while simultaneously contributing to regional military buildup.

Since the 2014 coup, women human rights defenders have increasingly been subjected to violence, discrimination and other forms of repression by the National Council for Peace and Order (NCPO).5 Women Human Rights Defenders (WHRDs), particularly many rural WHRDs, are at the forefront of human rights advocacy on urgent issues around land use, the environment and natural resources. WHRDs have opposed land grabbing, as well as harmful implementation of infrastructure projects, extractive industries, environmental degradation, and forced displacement and evictions. The NCPO has utilised existing and new measures to restrict and criminalise activism and advocacy,6 with specific gendered dimensions and impacts. They have introduced the 2015 Public Assembly Act and Order 3/2015, and additionally have used laws around sedition, defamation, libel and computer crimes against WHRDs to discourage their activism and criminalise dissent and scrutiny of government actions. For example, one WHRD faced charges of defamation and libel for documenting allegations of military torture.

Women have documented many of the ways in which Thailand is shrinking space for civil society. Rural WHRDs have been threatened with enforced disappearance by military officers, and officers have used ‘attitude adjustment’ sessions to persuade them to stop their activism. In rural communities, eviction and arrest of people for forest encroachment has been enforced by the holding of public hearings to intimidate people; judicial harassment; interrogation from military officials; and intimidation by companies. In one case, the Tungkum Gold Mining Company has brought cases against more than 20 WHRDs in Wang Saphung District, Loei Province. Harassment has also extended to family members of prominent activists.7

Some of the most severe cases of repression include lack of investigation into extrajudicial killings and enforced disappearance and accountability.8 There are inadequate protection mechanisms, and the National Human Rights Commission has been widely criticised for its lack of independence, including the selection and recruitment process of commissioners. There are also persistent gaps in legislation regarding enforced disappearance. As a result, those who repress and perpetrate violence and harassment of WHRDs enjoy impunity and largely have not been held accountable.

The current situation for some communities living in Thailand is also deeply intertwined with militarisation and other developments in the wider region, notably with China and Burma/Myanmar. There are an estimated 3-4 million migrant workers in Thailand, and approximately 70 per cent are from Burma/Myanmar. Of the at least 2 million migrant workers from Burma/Myanmar in Thailand, only around 350,000 are employed through the official Memorandum of Understanding between the two countries.9 Both new and longer-standing refugee communities face repression and insecure status in Thailand, which has not ratified the United Nations (UN) Refugee Convention and lacks many legal protections for refugees and asylum-seekers.

The coup in Burma/Myanmar in 2021 has increased the number of people fleeing armed conflict, dictatorship and lack of viable livelihoods in their home country. Women continue to migrate from Burma/Myanmar due to these ongoing factors and the persistence of violence, repression and armed conflicts. These developments have had devastating impacts on women and girls, including sexual and gender-based violence. People are being forcibly displaced in particular from areas that are experiencing the highest levels of armed conflicts, political repression and other issues including widespread drug production and use. There is a large drug trade in the border region between Thailand and Burma/Myanmar, which is also contributing to insecurity.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Thailand

Patriarchal Authoritarian Governance

Last Updated: 02/09/24

Women are often systematically excluded from political power and leadership in Thailand. Patriarchal norms persist from the national level down to the community level, leaving men with power in leadership, in community ceremonies and in all aspects of governance. The male ruling junta directly appoints members to the executive and legislative bodies, most of whom are also men. Women comprise 19.4 per cent of the Thai House of Representatives and 10.4 per cent of the Senate.1 The new constitution of Thailand, which came into effect in April 2017, fails to ensure that women have the right to participate in government policy formulation and implementation, as well as hold office in accordance with CEDAW. There is no provision for women’s participation or quotas for women and efforts to establish quotas on the local level have been rejected. In a Thai government’s response to CEDAW, the rationale behind the rejection of a quota for gender parity in the Tambon Village Council and Tambon Administrative Organization was that such a quota would promote reverse discrimination.2

Marginalised women such as Indigenous women and girls in Thailand as well as widows, face greater and intersecting forms of exclusion. However, there is insufficient disaggregated data to understand these challenges and develop culturally-sensitive responses to address them. The estimated Indigenous population in Thailand is five million people.3 However, only about one million Indigenous Peoples who are members of distinct groups are officially recognised in Thailand and they are labelled ‘ethnic groups’ or ‘hill tribes’ by the government: Karen, Kachins, Dara-ang, Thai-Yai, Mien, Hmong, Lua, Lahu, Lisu and Akkha.4

Indigenous Peoples are classified in three different categories, which determine their access to citizenship and legal status: 1) Those who were born in Thailand between 10 April 1910 and 13 December 1972 are entitled to citizenship; 2) those who immigrated before 1985 are entitled to permanent migrant status; and 3) those who immigrated after 3 October 1985 have illegal migrant status. Many people throughout the country are also stateless.5 This uneven status perpetuates widespread discrimination against Indigenous Peoples. Indigenous women experience multiple forms of discrimination and violence, both from these government policies as well as harmful norms. For example, as reported in the People’s Development Report, among the Hmong community, widows are prevented from living in the house of their family of origin. In the Tai Yai community, women are excluded from decision making and negotiation. Indigenous women are also forced to migrate both inside and outside of Thailand for jobs, leaving them vulnerable to trafficking.

References

Systemic Barriers in Achieving Women’s Human Rights and Development Justice - Thailand

Patriarchal Structures and Norms

Last Updated: 02/09/24

When disaggregated by gender, Thailand’s Human Development Index (HDI) for women is higher than that of men (0.805 to 0.796). From 2009 to 2016, Thailand made significant progress on the world stage in terms of its ranking on the global gender gap index. However, despite this positive development, patriarchal power and inequalities continue to oppress women in Thailand, particularly those who are members of marginalised groups. Gender based discrimination is widespread in both the public and private realms, and unequal power relations between men and women are at the root of the social, cultural, political and economic structures in Thailand. The socialisation of gender roles in the family is also strengthened through the education system, media and laws.

Although the gap between men and women is decreasing in terms of access to education and labour force participation, there are still persistent gaps. Women’s formal labour force participation rate is 59 per cent as opposed to 75 per cent for men. Women’s labour is mostly concentrated in informal and temporary forms of employment, limiting their financial security and access to social protection.1 In terms of access to secondary education, 47.6 per cent of women have some secondary education as opposed to 51.7 per cent of men. In terms of women’s health, Thailand has a maternal mortality rate of 29 per 100,000, which is lower than the regional average.2

Thailand possesses various legal frameworks around Gender-Based Violence, but there continues to be gaps in the legal frameworks as well as insufficient implementation. It adopted a domestic violence law in 2007 and a gender equality law in 2015, but there are still cases where violence is not fully criminalised on religious or national security grounds.3 There is a particular need to address the persistent lack of access to education, healthcare and livelihoods for Indigenous women and girls. Indigenous women are left out of mainstream government development programmes, due to exclusion and neglect.

References

International Treaties/Conventions - Thailand

What Has Thailand
Committed To?

Thailand has acceded to the following treaties and conventions on the human rights of women.1
treaties/conventions for thailand
  • Treaty / Convention / Protocol
    Signature date
    Ratification / Accession(a) / Succession(d) date
  • CAT - Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
    02 Oct 2007 (a)
  • CAT-OP - Optional Protocol of the Convention against Torture
  • CCPR - International Covenant on Civil and Political Rights
    29 Oct 1996 (a)
  • CCPR-OP2-DP - Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty
  • CED - Convention for the Protection of All Persons from Enforced Disappearance
    09 Jan 2012
  • CED, Art.32 - Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance
  • CEDAW - Convention on the Elimination of All Forms of Discrimination against Women
    09 Aug 1985 (a)
  • CERD - International Convention on the Elimination of All Forms of Racial Discrimination
    28 Jan 2003 (a)
  • CESCR - International Covenant on Economic, Social and Cultural Rights
    05 Sep 1999 (a)
  • CMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
  • CRC - Convention on the Rights of the Child
    27 Mar 1992 (a)
  • CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
    27 Feb 2006 (a)
  • CRC-OP-SC - Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
    11 Jan 2006 (a)
  • CRPD - Convention on the Rights of Persons with Disabilities
    30 Mar 2007
    29 Jul 2008
  • C029 - Forced Labour Convention, 1930 (No. 29) P029 - Protocol of 2014 to the Forced Labour Convention, 1930 ratified on 04 June 2018 (In Force)
    26 Feb 1969
    In Force
  • C100 - Equal Remuneration Convention, 1951 (No. 100)
    08 Feb 1999
    In Force
  • C105 - Abolition of Forced Labour Convention, 1957 (No. 105)
    02 Dec 1969
    In Force
  • C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
    13 June 2017
    In Force
  • C138 - Minimum Age Convention, 1973 (No. 138) Minimum age specified: 15 years. Pursuant to Article 5, the provisions of the Convention shall be applicable to the following branches of economic activity: mining and quarrying; manufacturing; construction; electricity; gas and water; sanitary services; transport; storage service and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, with the exception of family and small-scale holdings producing for local consumption and not regularly employing hired workers.
    11 May 2004
    In Force
  • C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
    16 Feb 2001
    In Force
  • C187 - Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Governance (Priority) Convention
    23 Mar 2016
    In Force
  • C122 - Employment Policy Convention, 1964 (No. 122)
    26 Feb 1969
    In Force
  • C014 - Weekly Rest (Industry) Convention, 1921 (No. 14)
    05 Apr 1968
    In Force
  • C019 - Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)
    05 Apr 1968
    In Force
  • C080 - Final Articles Revision Convention, 1946 (No. 80)
    05 Dec 1947
    In Force
  • C088 - Employment Service Convention, 1948 (No. 88)
    26 Feb 1969
    In Force
  • C104 - Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104)
    29 July 1964
    Not In Force (Abrogated Convention - By decision of the International Labour Conference at its 107th Session (2018))
  • C116 - Final Articles Revision Convention, 1961 (No. 116)
    24 Sep 1962
    In Force
  • C123 - Minimum Age (Underground Work) Convention, 1965 (No. 123)
    05 Apr 1968
    Not In Force (Automatic Denunciation on 11 May 2005 by convention C138)
  • C127 - Maximum Weight Convention, 1967 (No. 127)
    26 Feb 1969
    In Force
  • C159 - Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
    11 Oct 2007
    In Force
  • MLC, 2006 - Maritime Labour Convention, 2006 (MLC, 2006) In accordance with Standard A4.5 (2) and (10), the Government has specified the following branches of social security: medical care; employment injury benefit; family benefit; invalidity benefit and survivors’ benefit.
    07 June 2016
    In Force (MLC Amendments)
  • C188 - Work in Fishing Convention, 2007 (No. 188)
    30 Jan 2019
    In Force
Last Updated: 02/09/24

*Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.2

*Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification.3

*States commit via Succession when new states have emerged and the prior state had already ratified to the treaty.4

References

Recommendations - Thailand

Women’s Priority Issues & Recommendations

Developed by: Foundation for Women (FFW), 2017.
recommendations for thailand
Last Updated: 02/09/24

Among the many challenges that Thailand faces to achieve the SDGs and Development Justice, women’s rights organisations have identified the need to focus stronger efforts on several key goals, with an intersectional focus on Indigenous Peoples. These include SDG 1 on ending poverty, SDG 2 on zero hunger and the cross-cutting SDG 5 on gender equality. Below are several key priorities and statistics related to these goals.

SDG 1 – End poverty in all its forms everywhere

Achieving SDG 1 on ending poverty requires reversing the marginalisation of Indigenous Peoples in Thailand, who have higher levels of poverty. Indigenous Peoples are excluded in government policies and programmes on poverty reduction and alleviation, which for many is due to their undocumented and stateless status. As a result, many Indigenous women are migrating within and outside of Thailand to look for jobs, putting them at risk of trafficking and exploitation. Indigenous Peoples are also being impacted negatively by the NCPO Order to restore national forest lands, which is resulting in land grabbing. Indigenous women and girls are the community members who are primarily responsible for cultivation, management and sustainability of forests. Cycles of poverty, exclusion and marginalisation is also leading to an increase in the drug trade, and Indigenous women are being disproportionately incarcerated for drug-related offences. In order to address these factors, it is necessary to initiate reforms in order to not leave Indigenous Peoples behind within government policy and planning around poverty reduction. Within the government implementation of SDG 1, it is essential to understand and measure the percentage of agricultural land accessed by small holders, particularly women.

SDG 2 – Zero hunger

Progress on SDG 2 towards zero hunger requires support for locally-led and sustainable agriculture, as opposed to large-scale corporate farming which harms the environment and poses risks to long-term productivity. Maintaining small-scale farming capabilities and genetic diversity of seeds are key for ending hunger and achieving food security. The government has introduced an agricultural policy to increase productivity and area of organic farmland, promote domestic consumption and encourage international certification of organic produce. Within this programme, however, Indigenous Peoples are not included as specific target populations. As a result, many go into contract farming – employment which requires them to comply with particular conditions and rely on agro-chemical inputs from corporations such as seeds, insecticide, herbicides and fertilisers. This mode of farming creates large profits for corporations but poses threats to biodiversity, endangers the genetic diversity of seeds, affects peoples’ health and leads to food insecurity. In response, Indigenous women are promoting the maintenance of local seeds in their farms. They are urging that under SDG 2.5, the government takes into account and measures the ability of tribal communities, particularly women, to maintain genetic seed diversity.

SDG 5 – Achieve gender equality and empower all women and girls

Achieving gender equality and strengthening the agency of women and girls in Thailand requires an intersectional approach that addresses the particular injustices faced by Indigenous women. Domestic violence remains a persistent issue and many Indigenous women do not report violent crimes to the police for fear of retaliation and lack of knowledge of their rights. In remote areas Indigenous women and girls depend on local leaders when faced with sexual violence and abuse. In cases where the perpetrators are those in power or with influence, the victims may not be able to gain access to any protection and redress. Some girls are also subjected to early marriage due to cultural norms, hence depriving them of educational opportunities and their right to make choices over their own lives. Traditional harmful practices such as wife kidnapping still prevail in some communities. These realities require urgent attention in order to achieve SDG 5. Among other actions, the Department of Women’s Affairs and Family Development (DWAFD) has failed to adequately apply CEDAW and conduct gender mainstreaming across all government agencies and SDGs implementation efforts. As a result, government agencies do not have the adequate knowledge and skills to mainstream gender-responsive policies and programmes. In terms of implementing SDG 5.2, it is particularly important to provide disaggregated data collection in order to understand the full picture of the development situation in Thailand.

Developed by Climate Watch Thailand, 20241

SDG 13 – Limit and adapt to climate change

The SDGs have also been mainstreamed into the country’s National Strategy Framework (2017-2036) for development of the country, with emphasis on efforts such as:

  • Reducing greenhouse gas emissions,
  • Transitioning to a low-carbon and climate resilient society,
  • Enhancing disaster management systems,
  • Building and strengthening people’s capacities to deal with and adapt to the impacts of climate change, including loss and damages arising from natural disasters,
  • Encouraging investments in climate-friendly infrastructure and
  • Developing systems to effectively manage diseases emerging and re-emerging as a result of climate change.

Despite these measures, however, several concerns have been raised that include: lack of inclusive and meaningful engagement of CSOs and local voices in strategic decisions and decision-making; criticism over the top-down processes of implementation through ministries; lack of coordinated efforts among line ministries for better integration of policies and plans; and plans being implemented that are not in line with the SDG framework. Further, despite the country’s commitment to the Paris Agreement and the targets in the Nationally Determined Contributions (NDCs), the government has maintained its carbon-intensive economy with the use of fossil fuels – coal, petroleum and natural gas. Natural gas is the main fuel for power generation and coal is to be used as an alternative to natural gas to provide energy security. Two coal-fired power plants were proposed in Krabi Province and Songkhla Province (Thepha) both of which have now been shelved due to local and national opposition. To replace the Thepha coal-fired power plant, the Government made the decision to relocate the site and shift from coal to natural gas.

Communities where the power plants were to be constructed were not meaningfully consulted and arguments made by opposition groups have been around use of coal and not fossil fuels as a whole. The political space for women in these conversations is further limited. However, women are already facing the impacts of climate change and related threats to their livelihoods, particularly in the deep south of Thailand.2 Women and girls are the most vulnerable to the impacts of climate change due to their roles in care work, agriculture, and food and water collection. In consultations by CWT, women indicated that they are already vulnerable to extreme and rapid onset climatic events such as droughts, floods and storms. For example, both droughts and floods affect the availability of water in the household – due to lack of water and contaminated water respectively. The changing climate has also impacted marine resources, with a large part of the marine life that is caught being unsellable in the market and needing to be processed further for sale. The impacts of slow onset changes linked to climate change needs to be further understood so women can prepare for these changes accordingly.

Recommendations

The recommendations by Foundation for Women focus on improving the lives of indigenous women, freeing them from poverty and hunger, ensuring their food security and agricultural sustainability and enabling them to enjoy gender equality. In order to address the myriad barriers to Development Justice that Thailand is facing, women’s rights organisations are recommending structural changes to development models as well as changes to SDG-related governance. The recommendations of Foundation for Women to the government to improve the lives of Indigenous women are as follows:

  • Developed by: Foundation for Women, Thailand, 20173 and Climate Watch Thailand, 2024

    • Organise consultation workshops with different rights-holders working in/with Indigenous communities to develop indicators for targets of Goals 1, 2, 5 and related goals. One of these consultation workshops should include a specific forum on SDG 5 in order to provide opportunities for more women CSOs, indigenous women and their organisations to be fully involved in the process of monitoring and evaluating progress towards the SDGs.
    • Support women’s organisations and their networks to conduct workshops with mainstream CSOs and networks, in order to provide information on the progress towards the SDGs.
    • Engage women’s organisations in the review and monitoring process of the SDGs.
    • Systematically improve the quality of data on the SDGs, universally disaggregated by factors including sex, age, ethnicity and administrative area. Utilise this data as the basis of formulating policies and measuring progress on SDGs implementation.
    • Formulate specific policies and plans on poverty reduction, targeting Indigenous communities.
    • Introduce special measures to allow the Indigenous Peoples to preserve their lifestyles and livelihoods, including subsistence farming, alongside measures to preserve national forests and support eco-tourism. Cease all legal action on land disputes against small-scale farmers including Indigenous Peoples.
    • Support Indigenous communities, especially Indigenous women, to preserve plant and animal genetic resources in order to support their food and agriculture security.
    • Introduce targeted policies and programmes to provide assistance to Indigenous women and girls impacted by Gender-Based Violence
    • Establish effective complaint mechanisms and provide protection to Indigenous women facing Gender-Based Violence. Enhance sensitisation of Indigenous community leaders on women’s rights to safety and security.
  • Recommendations by Climate Watch Thailand, 2024

    • Analyse impacts of the SDGs on local communities and develop policies based on those experiences, insead of top-down approaches.
    • Ensure inclusive and meaningful engagement and participation in political decision-making, especially with regards to large development projects. There should be Free, Prior and Informed Consent from all participants in any consultation on these projects, and women should have the right to veto development projects that are harmful to their livelihoods.
    • Monitor implementation of the SDGs at local levels and engage women and local communities in the monitoring in inclusive and meaningful ways.

References

  • 1 The information from this section was drawn from the research work (as yet unpublished) by Climate Watch Thailand with support from APWLD. Climate Watch Thailand (2024). People’s Development Justice Report: Women Monitoring SDGs (working title). Asia Pacific Forum on Women, Law and Development.
  • 2 The information from this section was drawn from the research work (as yet unpublished) by Climate Watch Thailand with support from APWLD. Climate Watch Thailand (2024). People’s Development Justice Report: Women Monitoring SDGs (working title). Asia Pacific Forum on Women, Law and Development.
  • 3 Foundation for Women Thailand. People’s Development Justice Report: Monitoring and Review of the Sustainable Development Goal Implementation and Development Justice for Indigenous Women.
Accountability - Thailand

Last Updated: 02/09/24

References

Accountability - Thailand

Sustainable Development: Structures of Accountability

accountability for thailand
Last Updated: 04/09/24

The systemic barriers to achieving sustainable development in Thailand are rooted in structural issues such as patriarchal ideology, neoliberal globalisation and militarism. However, Thailand has long-standing structures for the implementation of sustainable development that provide a foundation for accountability. It achieved several key goals and targets of the Millennium Development Goals, including the adoption of a universal healthcare scheme.

Upon the adoption of the 2030 Agenda, institutional mechanisms were created to advance the SDGs. The Prime Minister chairs the National Committee on Sustainable Development, which formulates national policy and strategies; promotes the implementation of the SDGs in both the public and private sector; tracks implementation; and monitors and evaluates progress. There are three sub-committees, with the Office of National Economics and the Social Development Board responsible for implementation, reporting and implementation mechanisms.

The 2017 Constitution included a provision on achieving the SDGs by 2030 and also included a provision to consider gender differences in budget allocations. In alignment with the constitutional requirements, Thailand formulated a long-term development strategy (2017-2036), which is a framework to respond to socioeconomic change, globalisation, regional and international economic developments, and political conflict. In parallel to this long term strategy, five year development plans continue to be updated.

The sustainable development planning of Thailand prioritises 30 SDGs targets for each goal, with roadmaps for implementation that link with other long-term national strategies – for example, on security and on social equality. Six month progress reports are required from key ministries and government agencies. The National Statistical Office of Thailand is one source of data for reporting, but overall, statistical collection is decentralised and there is a need to strengthen the collection of gender-disaggregated data as well as data that is disaggregated along the lines of ethnicity, documentation status, age and other categories.

Thailand has undergone two Voluntary National Reviews, in 2017 and 2021.1 It highlighted the impact of the COVID-19 pandemic on the Thai economy and society. Thailand reported that it has achieved particularly significant success in implementing SDG 1 and also highlighted progress on other goals.2

In terms of the role of civil society in implementing the SDGs in Thailand, civil society organisations are present within the national mechanism, primarily ones which work on good governance for social development, environment and sustainable development. However, many of the CSO networks who work on poverty and the rights of the most marginalised groups in Thailand are not included in the national mechanism. Space for CSOs in the sub-committee are further limited, with only one slot in this committee dedicated to CSOs. Early within the SDGs, in 2016, consultative forums were organised for target groups. However, these lacked representation from Indigenous Peoples and space for women’s rights organisations was also limited. On Goal 5 on gender equality specifically, implementation sits within the Department of Women’s Affairs and Family Development (DWAFD) and a standing committee of the National Legislative Assembly. In the workshops to conduct the planning and implementation of SDG 5 between 2015 and 2017, no civil society organisation or representative was invited to participate. In response, a coalition of women’s organisations formed and shared their concerns with DWAFD, also criticising the lack of gender mainstreaming and lack of coordination among Chief Gender Equality Officers and focal points.


References

Case Study - Thailand, Thailand

Women Migrants Define What Living Wages Mean to Them

Last Updated: 02/09/24

‘For our income and expenses, mostly we don’t have money. If we don’t have money, we have to borrow money and pay interest, and we can’t send money home. We can’t do other work because our documents are registered under one employer.’

– Rubber plant worker from Burma/Myanmar living in Thailand1

The wages of many women migrant workers are far off from meeting a basic living wage to survive.2 In Thailand, most migrant workers come from countries like Laos, Cambodia and Burma/Myanmar, where they have left due to armed conflict, poverty and a lack of opportunities to feed their families. The wages of migrant workers are essential for survival, both for themselves and to remit money to their families back home. A living wage is one that would allow them to live with dignity, providing for their and their families’ basic needs and recreation – but this is far out of reach, with many not even being paid the legal minimum wage. Migrant labour policy treats women migrants first as national security threats, then as labourers to be controlled, then as human beings, with no empathy for the conditions they are living under.

In response to these realities, women are organising to identify the main barriers they face to achieving living wages. The MAP Foundation interviewed over 180 women migrants based in Thailand, and asked them how they perceive a living wage and the barriers to it. In one interview, a factory worker said that she receives USD 56.55 or THB 2,000 per month as her wage for working from 8am to 5pm and overtime from 6pm-9pm. However, she cannot work overtime because she is pregnant, and sometimes the employers skim money off her paycheck, cutting it to USD 28.29 or THB 1,000. Her house rental is USD 36.78 or THB 1,300 per month plus utilities, making this wage impossible to live on with dignity.

Women said that the main barriers they face are unjust and insecure migrant policies – particularly around obtaining and maintaining documented status – and inadequate enforcement of labour rights regarding payment of wages. They are calling for both the Thai and Burmese governments to respect their rights to equal pay, living wage, social security and maternity leave policies; stop employer exploitation; address corruption in the registration process on both sides of the border; simplify the documentation process; and adjust recruitment and work policies.

‘Women migrants are not expendable for the sake of “development”. Why are our strengths and contributions undermined so it is impossible to escape the hand-to-mouth cycle? Why are we weighed down with exploitation and unfair policies when our energy and courage could bring wealth and peace to these countries?’

Source

Case Study - Lower Northern Region, Thailand

Women Demand for Community Engagement in Drought Response

Last Updated: 02/09/24

‘No water in my pond for a long time, it has never been like this before. The soil is very dry, and there seems to be less or no underground water available to support the surface water. These abnormal droughts seem to have become normal now’

– Suree Panpoh, Climate Justice FPAR

Some regions of Thailand are already experiencing severe climate impacts.1 The Lower Northern Region of Thailand (LNRT), which is a mostly rice-growing agricultural area, has become increasingly prone to extreme weather events over the last 15-20 years. Drought, strong sun and increased temperatures have harmed animal and human health and crop production, resulting in a loss of income. People have suffered headaches, heat stroke, rash and sunburn. Crop losses have increased farmer’s debt, which already was high due to the costs of seeds and fertiliser. Despite these impacts, communities continue to be excluded from decision making about climate change.2 All of these realities have disproportionate impacts on women, who are responsible for food collection, caring for their families and household work. The increased heat is causing them to be less productive, work longer hours and suffer health impacts as a result. Some women are reporting that the current impacts are already so severe that they could not imagine the future if the crises get any worse than what they are facing now.

LNRT women are very engaged in their community, both in terms of social and political engagement. Because climate change is increasingly impacting their health, livelihoods and survival, they are increasing their advocacy to urge the Thai government to include them in climate mitigation and adaptation. Therefore, they established the Women for Climate Justice Alliance to collectively raise the profile of their community’s concerns. This group directly engaged with the NDC process – one of the only Civil Society Organisations (CSOs) in the country to do so. To make the technical language of the NDC more accessible, the women broke down the concepts of climate change and climate justice and educated their communities. They demanded that any government measures to address heat and drought adequately respond to their own needs in a gender-responsive way. They also consistently demanded meaningful engagement for CSOs and communities in the NDC — in its design, implementation and monitoring.

Source

Case Study - Northern Thailand, Thailand

Refugee Communities at the Thailand-Burma/Myanmar Border Demand Justice

Last Updated: 02/09/24

‘…No ID card has caused me to lose many opportunities in life. For example, when I was still studying, some scholarships were only reserved for Thai nationals. Travel restrictions for stateless persons outside the area cannot be lifted without government permission. Sometimes no Identification card makes it difficult to find jobs…’

‘…Several families and I, from villages on the Shan State side, became refugees by coercion. If we could choose, we would not want to be in this position.’

– Woman from the Shan Community

As a result of years of repression by the Burma/Myanmar military, including widespread torture and sexual and gender-based violence, an estimated 300,000 to 500,000 people were forced to relocate from the Shan State. Many moved to Thailand or the Thailand and Burma/Myanmar border areas. There is a large Shan community in northern Thailand, many of whom are stateless and have limited access to human rights and basic essential services. Since the coup in Burma/Myanmar in 2021, tens of thousands more people have migrated to Thailand. However, Thailand is not a state party to the UN Refugee Convention, and refugees, asylum seekers and stateless persons are labelled as undocumented immigrants who are living under constant fear of arrest, detention and deportation. This is also impacting WHRDs, peacebuilders and democracy activists who have been forced to flee Burma/Myanmar and are continuing their work under a state of insecurity in Thailand. As refugees in Thailand, Shan women are vulnerable to human trafficking and harassment resulting from their status. Statelessness impacts Shan people’s access to education, healthcare and travel inside of Thailand, thereby hampering the search for adequate and safe livelihoods.

Despite these challenges, generations of human rights defenders both in Thailand and in Burma/Myanmar are still organising for peace, democracy and justice. As part of this work, the group, Weaving Bonds Across Borders, brought together human rights defenders and activists both in the border region and in the Shan State. They are continuing to articulate a vision of a democratic future, and are also advocating for better treatment for refugees, asylum seekers and stateless people in Thailand. They are demanding an end to military governance, as well as for regional actors to hold the military accountable.

Source

Regional Analysis - Southeast Asia

Resisting Crises and Building Feminist Development Justice: Southeast Asia at a Glance

Southeast Asia
Last Updated: 05/09/24

Subregional Statistics:

Combined Population size of ASEAN states: 671.7 million (2022)1
GDP per capita: USD 5.95 thousand (April 2024)2
GDP per capita (nominal): USD 5,395.3 (2022)3
GDP at current prices: USD 3.62 trillion (2022)4
GDP as % of world GDP (Nominal): 3.6% (2022)5
GDP growth rate: 5.7% (2022)6
Government debt as % of GDP of 8 ASEAN states: 66.99% (2022)7
Unemployment rate: 4.1% (2022)8
Labour force participation rate, both sexes: 66.6% (2022)9
ASEAN total trade in goods: USD 3.8 trillion (2022)10
ASEAN total trade in services: USD 933.6 billion (2022)11
ASEAN Foreign Direct Investment (FDI): USD 224.2 billion (2022)12
Number of High Net Worth Individuals in 6 ASEAN states: 894.44 (2021)13
ASEAN’s Military expenditure: USD 43.2 billion (2021)14


Across Southeast Asia, intersecting economic, political, social and environmental realities are inhibiting sustainable development, Development Justice, and human rights, including for women and girls. Southeast Asia is home to over 675 million people15 who live in 11 countries16 that are situated across the mainland, as well as a vast maritime archipelago of islands. Situated at the crossroads of East Asia and South Asia, the region is incredibly diverse in terms of culture, language, ethnicity and religion, as well as biodiversity, with approximately 20 per cent of global plant, animal and marine species.17 Ten of the region’s 11 countries are members of the Association of Southeast Asian Nations (ASEAN), which is a bloc of states with the goal of accelerating economic growth, social progress, cultural development and regional peace and stability.18

Despite context-specific differences, countries in Southeast Asia share many of the same barriers to achieving the Sustainable Development Goals (SDGs) and to advancing Development Justice. The pursuit of neoliberal development models that are centred on market competition and free trade, has resulted in economic growth, but not in sustainable development that benefits all peoples. The geological positionality of Southeast Asia near tectonic plates makes the region highly susceptible to seismic and volcanic activity, as well as typhoons, cyclones and other natural disasters which are worsening in frequency and intensity with the climate crisis. Multiple countries in the region, most notably Burma/Myanmar, are impacted by armed conflicts, while others are suffering the long-term legacies of prior wars and conflicts. In all of these developments, women and girls are experiencing differentiated and disproportionate adverse impacts – and feminist movements are rising up in resistance.

Countries across Southeast Asia have increasingly pursued neoliberal economic development trajectories that prioritise economic growth, Foreign Direct Investment (FDI) and free trade, at the expense of workers’ rights and the environment. The total economy of ASEAN nations has doubled between 2009 and 2022, in terms of Gross Domestic Product (GDP).19 The number of bilateral and multilateral Free Trade Agreements (FTAs) in the region has increased since the 1990s, and all countries in the region are members of the World Trade Organization (WTO).20 Effective from 1 January 2022, the Regional Comprehensive Economic Partnership (RCEP) FTA created a free trade zone among 10 ASEAN members (excluding Timor-Leste), as well as China, Japan, South Korea, Australia and New Zealand. FDIs in the region are currently at all-time highs, reaching USD 224 billion in 2022 in ASEAN countries.21 Much of these FDIs are concentrated in Special Economic Zones (SEZs), which have played a huge role in spurring foreign investment and attracting international capital.22 These have granted corporations the opportunity to take advantage of tax cuts and priority treatment, grabbing productive resources to make profits. Public-Private Partnerships (PPPs) have also increased in number and scope, spurring privatisation of infrastructure and diverting government budgets away from universal social protection systems.23 Privatisation and austerity greatly affect women and girls, as they tend to rely more heavily on social infrastructure.

Behind the curtain of these developments, communities throughout the region, particularly women and girls across rural, migrant, Indigenous and urban poor communities, have paid the price. While foreign and domestic corporations reap the benefits of economic growth, workers in the region are experiencing precarious working conditions, low wages and labour abuses. Across the board, women are discriminated against and receive lower wages than men, are denied their legal rights to social protection and are subjected to gender-based violence, harassment and exploitation in their workplaces. In Mindanao in the Philippines, workers who are employed by large agribusinesses such as Sumifru lack basic job security, suffer from unsafe working conditions and they work 12-20 hours a day. This is despite the fact that the Philippines has domestic occupational safety and health standards and has ratified International Labour Organization (ILO) conventions to promote decent work.24 Workers in Cambodia, especially women workers employed in Special Economic Zones for the garment, textile and footwear industry, are often hired under short-term contracts. This practice of labour flexibilisation aims to deny them their rights to benefits such as maternity leave.25

These developments are not unique to the Philippines and Cambodia, but reflect phenomena that are present throughout the region. The working conditions for the millions of Southeast Asian migrant workers fall far below the international standards of decent work.26 The COVID-19 pandemic further exacerbated insecurity for women migrant workers, with many deported to their countries of origin and have lost wages. Domestic workers, including migrant domestic workers who are overwhelmingly women, are particularly exploited. In Malaysia, for example, domestic workers are completely excluded from national labour laws and social protection schemes, leaving many subject to abuse and trafficking.27 Workers who exercise their Freedom of Association (FOA) to form unions and fight back have been subjected to violence and retaliation at the hands of employers, police and even military forces, including gendered violence.

Communities’ access to and control over land is being threatened across the region by land grabbing for the purposes of infrastructure development such as dams, SEZ construction, industrial agriculture, mining for critical minerals and even under the guise of environmental conservation. For example, in Vietnam, the government is promoting hydropower plant construction, which is resulting in forced displacement and resettlement of communities who are in the affected areas. Hydropower plants are changing the flow of rivers and impacting ecological sustainability, producing landslides, sedimentation affecting agricultural production and flooding.28 In Indonesia and Malaysia, natural forests have been rapidly depleted in recent decades due to activities such as logging and palm oil cultivation. Indigenous Peoples have been particularly impacted by these developments. In Indonesia, for example, the Batak Indigenous People group has been advocating for their customary land rights against pulp and paper companies that have destroyed benzoin incense forests.29 In Burma/Myanmar, the Tatmadaw military forces have grabbed massive tracts of land over the years, and their land expropriation is fueling the ongoing armed conflict. Although there are variations across countries in the region, women generally have much less access, control and ownership of land, worsened by restrictions on inheritance and property rights. Some estimates put women’s land ownership in the region at 12 per cent.30

The Southeast Asia region is among the most productive in agriculture, contributing significantly to the region’s economies.31 However, the rise of large agribusiness and cash crops in the region has brought with it fears of the corporatisation of agriculture32 and threats to human rights linked specifically to the agricultural sector that includes: attacks against human rights defenders, irresponsible use of farm products that harm the health of communities and the environment, violation of Indigenous Peoples’ rights and exploitation of women in the palm oil industry. Of nearly 1,000 attacks against human rights defenders in Southeast Asia between January 2015 and September 2023 records show that 343 of these were related specifically to the agricultural sector, with nearly one in four attacks being killings.33 Widespread cash crop plantations have caused serious harms to the health of the environment and communities living in those areas through unsafe working conditions and exposure to toxic chemicals among other risks.34 While in some countries such as in Indonesia for example, highly publicised large scale plantation projects have failed due to unsustainable practices, poor environmental impact assessments and no consideration of local knowledge and experience in the planning.35 The agricultural sector is largely made up of informal sector workers, most of whom are women. Their contributions are invisibilised, they have little to no legal protections, are paid lower wages than men and often do not have job security, social security or employment benefits.36

The regional issue of land grabbing also intersects closely with the growing threats and risks from the climate crisis. Historically, the region is not responsible for a large proportion of greenhouse gas emissions. However, Southeast Asia is one of the most at-risk regions of the world to the impacts of climate change. For example, the Philippines experiences an average of 20 tropical cyclones per year, and is vulnerable to both cyclones as well as earthquakes. The climate crisis is already having an impact on the lives and livelihoods of communities throughout the region. In the Lower Northern Region of Thailand (LNRT), rice production is being impacted by prolonged drought, strong sun and heatwaves.37 Women’s health, wellbeing and livelihoods are impacted by the climate crisis. Phenomena such as natural disasters, drought and flooding are adding to women’s care work and domestic labour burden, and also impacting reproductive, mental and cardiovascular health. Countries throughout the region have made Nationally-Determined Contributions (NDCs), but these, by and large, lack a sufficient focus on gender and human rights for marginalised communities.

Communities in Southeast Asia continue to experience the impacts of prior and ongoing armed conflicts as well as militarisation in response to social and political issues. In Burma/Myanmar, the country is embroiled in a civil war following the attempted military coup in 2021, and women human rights defenders and activists are being repressed by the military junta. The legacies of past wars continue to impact women survivors in Aceh, Inddonesia, who lack access to reparations for violations such as sexual violence in conflict and torture, and communities in Cambodia and Vietnam who face the persistent threat of unexploded ordnance. In the Philippines, hyper-militarised patriarchal governance has waged a War on Drugs that has killed tens of thousands of people, as well as continued armed conflict against Indigenous and Muslim insurgent groups. Women have largely been excluded from participating in peace processes and negotiations throughout the region, and there are insufficient efforts to prevent and respond to gendered violations such as sexual violence. There has been significant military expansion and bolstering of their security apparatus among ASEAN countries over the past two decades, in response to geopolitical concerns in the region such as the growing influence of China. ASEAN’s military expenditure reportedly increased from USD 20.3 billion in 2000 to USD 43.2 billion in 2021.38

Asia-Pacific Women Human Rights Defenders (WHRDs) and feminist movements who advocate for human rights and Development Justice in the region are being repressed, surveilled, red-tagged and criminalised. Governments are using sedition laws and counterterrorism laws to suppress activism, organising and journalism, including in Malaysia and the Philippines. Environmental and Indigenous movements are also being targeted, such as in Vietnam. In Burma/Myanmar, patriarchal authoritarian governance is manifested in a military junta that has militarism at its centre. Although there are differences on a national basis in terms of legal and policy frameworks, women and girls are systematically subordinated under patriarchal norms and customs. Women and girls experience violations of their rights such as gender-based violence, lack of quality education, exclusion from governance and political power, and adverse health outcomes due to lack of access to sexual and reproductive health and rights. Anti-gender, misogynistic and hateful rhetoric and dis- and misinformation is on the rise, propelled by online platforms.

In the face of these realities, movements are organising to hold governments accountable and demand human rights. Feminists, women’s rights, rural, Indigenous, migrant and urban poor movements continue to resist capitalism, fundamentalisms, militarism and patriarchy across the region. They are demanding accountability, including by establishing monitoring and accountability mechanisms for the SDGs and for creating spaces for grassroots women to lead the way in articulating what sustainable development should look like. They are also participating and intervening in global, regional and national spaces, and building a body of evidence, through pathways like the People’s Development Justice Reports and the recommendations and analysis found on this website. Through solidarity and movement-building, our movements can and will continue to rise up to demand women’s human rights and Development Justice.

References

Source