ASEAN INTER-PARLIAMENTARY ASSEMBLY 32nd GENERAL ASSEMBLY 18 – 24 SEPTEMBER 2011, PHNOM PENH, KINGDOM OF CAMBODIA Doc 32GA/2011/Soc/Rep

REPORT OF THE COMMITTEE ON SOCIAL MATTERS SAMDECH AKKA MOHA PONHEA CHAKREI KITTIPRITTBANDIT HENG SAMRIN, President of AIPA. I have the honor to submit the following report on the meeting of the Committee on Social Matters: 1. The Committee on Social Matters convened on 21st September 2011, with Hon. Mr. Yang Sem, as Chairperson and Hon. Mr. Som Chen as Rapporteur. The following parliamentarians from the AIPA Member countries attended the Meeting: Brunei Darussalam 1. Hon. Pehin Dato Haji Abdul Hamid Bakal 2. Hon. Haji Mohdi. Shafiee Ahmad 3. Hon. Haji Jumat Akim 4. Hon. Haji Sulaiman Haji Ahad 5. Ms. SitiBismiNuruliman Haji AwangEmzah Cambodia 1. Hon. Mrs. Ho Naun 2. Hon. Mr. Try Chheang Hout 3. Hon. Mrs. Lork Kheng 4. Hon. Mr. Chhea Kim 5. Hon. Mr. Kimsour Phirith 6. Hon. Mr. Chin Kimsreng

1

Indonesia 1. Hon. Mr. BasukiTjahajaPurma 2. Hon. Mr. SyofwatillahMohazaib 3. Hon. Mrs. Karolin Margret Natasa Lao PDR 1. Hon. Prof. Dr. Phonethep PHOLSENA 2. Hon. Ms. Bouaphanh LIKAYA 3. Hon. Mr. Bounlert LOUANEDOUANGCHANH 4. Ms. Manivanh VONGSAMORAPHOUM 5. Mr. Herseng YIAPAOHER Malaysia 1. Hon. DatukRosnah ABDUL RASHID SHILIN 2. Hon. SENTOR KHOO SOO SEANG 3. Hon. Senator Chew Lee Giok Myanmar 1. Hon. Dr. KHIN SHWE 2. Hon. Mr KHUN THEIN PE 3. Hon. Ms. YI YI MYINT 4. Hon. Mr SAW AUNG KYAW NAING The Philippines 1. Hon. Congresswoman Maria Zenaida B. Angping 2. Hon. Congresswoman Mario U. Piamonte, Jr. Singapore 1. Hon. Ms. Ellen Lee 2. Hon. Ms. Denise Phua 3. Hon. Ms. Penny Low Thailand 1. Hon. Mr. Tuan Abdullah Daudmareyo 2. Hon. Mr. Somboon Uthaiviankul Vietnam 1. Hon. Ms. Truong Thi Mai 2. Hon. Mr. Nguyen Van Tien 3. Hon. Ms. DinhThi Phuong Lan

2

2. The Committee was held in the traditional ASEAN Spirit of friendship, unity and cooperation, and approved the resolutions on the following topics: a. Strengthening Law Enforcement to Combat Trafficking in Persons; The Committee recognized progress, achieved by the ASEAN Member Countries to combat trafficking in persons. It emphasized the ASEAN Leaders ‘Joint Statement in Enhancing Cooperation Against Trafficking in Persons in South East Asia’, adopted in Jakarta, Indonesia, 08.05.2011.It further stressed the interrelationship of trafficking in persons to human rights and migrant worker issues. The lack of strong economies with sufficient employment opportunities in several ASEAN Member Countries is the major source for trafficking in persons, as poverty is believed to be the most influential factor that lures innocents to this evil trade. The Committee recognized further, that there have been cases, where victims were prosecuted for violating immigration laws rather than being treated as victims, and stories of violence, sexual abuse and even loss of life among the afflicted are eminent. Organized crime syndicates traded them as commodities. Thus the Committee urged the respective AIPA Member Countries to sign and ratify the United Nations Convention Against Transnational Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime as soon as possible in order to accelerate the implementation and enforcement of the Convention and the Protocol. The Committee expressed its support to overcome the lack of access to education and inequalities, which makes people, particularly women and children, most vulnerable to trafficking. Furthermore the committee expressed its aspiration to strengthen regional security, coordinated closely under the framework of ASEAN Cooperation to combat transnational crimes. Finally the Committee encouraged AIPA Member Countries to actively monitor and initiate concrete parliamentary actions against Trafficking in Persons. b. The Role of Parliamentarians of AIPA Member Countries in Accelerating the Implementation of MDGs by 2015; The Committee recognized that, based on the United Nations Resolution on the Millennium Development Goals (MDGs), every individual has the right to dignity, freedom, equality, a basic standard of living, including freedom from hunger and violence, and encourages tolerance, solidarity and bolstering human capital. Thus the committee welcomed ASEAN’s commitment to fully address socio-economic disparities and poverty, which persist across ASEAN Member States, by developing and implementing an ASEAN Roadmap toward realizing the MDG’s. The Committee stressed the need to support least developed and landlocked countries in particular, since they face significant constraints and structural impediments in their development efforts. Furthermore the poor and those living in the most vulnerable situations, including persons with disabilities, deserve deeper common consideration.

3

The Committee expressed its support to encourage their respective governments to conduct oversight of the implementation of their government’s programs, policies and budgets and in adopting legislative measures to speed up the achievement of MDGs by 2015. The Committee called for the establishment of a Millennium Development Goals (MDGs) Task Force within their respective parliaments, combining key-parliamentarians, development partners, related institutes, and United Nations agencies. Recalling the Fourth United Nations Conference on the Least Developed Countries (LDC), Istanbul, 9-13 May 2011, the Committee finally emphasized the continued implementation of the Program of Action for Least Developed Countries for the Decade 2011-2020, in order to further invigorate international partnerships in addressing the special needs of concerned countries. c. Report of the AIPA Meeting on the Role of Parliamentarians on the Protection and Promotion of the Rights of Migrant Workers in ASEAN (By Cambodia) The Committee emphasized the ‘Universal Declaration of Human Rights’, the ‘Convention on the Elimination of All Forms of Discrimination Against Women’ and the ‘UN Convention of all Migrant Workers’ on international level and recalled several regional declarations and programs, both from ASEAN governments as well as AIPO/AIPA. Thus it urged the implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers. Ideas, experiences, lessons learnt as well as key solutions shall be used as a roadmap of Parliaments of AIPA Member Countries for the protection and promotion of the rights of migrant workers in ASEAN. Hence the Committee recognized to seek for harmonization of laws through partnerships, to foster the opportunity of legal, transparent migration amongst sending and receiving countries. Therefore ASEAN mechanisms should be used in dealing with the rights of migrant workers. Furthermore the Committee demanded a clear framework for the protection of migrant workers, resolving and penalizing violations, trafficking and exploitation of migrant workers. The Committee asked for the establishment of an AIPA Expert Working Group as Ad-hoc committee, dealing with the protection and promotion of the rights of migrant workers, consisting of parliamentarians. This Committee shall be authorized to seek for support and collaboration from international organizations, agencies, academics, catering to migrant worker issues and the representatives of migrant workers. Furthermore the Committee resolved to work more closely with governments and relevant stakeholders to curb illegal recruitment and illegal placement of migrant workers, particularly through the passage of tougher measures to halt illegal acts by fraudulent recruitment agencies. Finally the Committee entrusted the AIPA Secretariat to establish an information center on migrant workers which will function as source of information on legal situation or policies on migrant workers of each country in the region and to enhance collaboration with the ASEAN Secretariat in the purpose of providing better understanding and knowledge on the aforementioned issues.

4

d. Report of the Eight Meeting of the AIPA Fact-Finding Committee (8th AIFOCOM) to Combat the Drug Menace (By Cambodia) The Committee recognized that previous AIPA General Assembly meetings approved several resolutions, addressing the issue of illegal drug trafficking in ASEAN Member Countries. However the Southeast Asian Nations continue to suffer from the detrimental effects of illegal drugs. The Committee further recognized, the illegal drug situation in the ASEAN region has

turned from bad to worse as per report of the United Nations Office on Drugs and Crime (UNODC), dated December 13, 2010. The Committee expressed its support to contribute to the development of legal frameworks and Action Plans to be implemented in the ASEAN Community by 2015. Thus the Committee requested ASEAN member countries to reevaluate existing amendments and policies in place in order to harmonize law on illegal drugs, preventing the situation from escalating. The Committee also supported the idea of inviting AIFOCOM representatives to attend the ASEAN Senior Official on Drug Matters (ASOD) meeting as observers in order to facilitate cooperation and establish joint efforts between the organizations. The ASEAN heads of governments were asked to take strong executive action by deploying a task force whose mission is to neutralize and bring justice to illegal drug offenders. The formation of a technical working group (TWG), which would be composed of MPs, officials, experts, and representatives from UN agencies, was proposed in order to evaluate past laws, summaries, and AIPA documents. Finally the Committee supported the request of emphasizing on the capture and seizure of the assets used in or possessed from drug-related cases. Lastly, the committee requested that AIPA Secretariat should conduct a clear Plan of Action for AIPA Fact-Finding Committee (AIFOCOM) to Combat the Drug Menace, consistent with the ASEAN Vision.

3.

The Committee approved two reports of the Seminars attached with three resolutions and two other resolutions concerning all the issues discussed in the committee.

4.

I hereby present the Report of the Committee on Social Matters to the 32nd AIPA General Assembly. Thank you.

YANG SEM CHAIRPERSON

SOM CHEN RAPPORTEUR

5