Asia Pacific Forum on Women, Law &
Development APWLD
Planning
In early 1986 OEF International received a grant from the Ford
Foundation for the purpose of organizing a preparatory process leading up to and
including a WLD conference in the Asia Pacific region. The grant covered travel and
conference costs, materials preparation and organizing costs. As a
starting point, I assembled an interim regional planning committee, composed of
those who had participated in the Nairobi Forum the previous year. The interim
committee included:
Radhika Coomaraswamy (Sri Lanka),
Savitri Goonesekere (Sri Lanka),
Farida Ariffin (Malaysia),
Virada Somswasdi (Thailand),
Irene Santiago (Philippines),
Mere Pulea (Fiji),
Ranjana Kumari, (India)
Rani Jethmalani, (India) and
Lotika Sarkar (India), and
Margaret Schuler of OEF/WLD.
We met in New Delhi at the India International Centre in July 1986 to sketch
out the contours of a regional conference and the raison d'être of a new
organization, the Asia Pacific Forum on Women, Law and Development, its
functions, structure, and program. The proposal delineated at the July meeting
became the framework for further discussion and elaboration within the region over
the following months. Finalization of the plan was to take place at the regional
conference at the end of the year. Reiterating the recommendations from the
Nairobi WLD Forum, the committee spelled out the need for a “WLD Forum”
for the Asia/Pacific region. They analyzed the most critical issues facing women and
the responses by government and non-governmental organizations to those needs.
Guided by this analysis, the interim committee recommended that the functions of the
future Asia Pacific Forum on WWLD would be to:
share information about substantive issues and strategies through
newsletters and occasional papers;
organize seminars at regional and sub-regional levels on topics of common
interest;
develop broader understanding of issues, improve skills, and strengthen
network linkages in the form of internships and study tours for project
organizers and grassroots workers;
develop and exchange materials, methods and techniques;
mobilize member organizations in response to both emergency situations and
critical issues constituting an imminent threat to women's rights;
monitor regional and local developments;
develop model legislation.
In designing the regional conference which was set for December 15-19 in
the Philippines, the planning committee determined three major themes of particular
relevance to the Asia Pacific region. These were:
the effects of law, religion, and custom on women;
the role of law in promoting or combatting violence toward and exploitation
of women, and;
women's economic rights.
They decided that workshops relating to some 12 sub-themes would be the means
for assessing what was happening and what actions could be taken regionally. Pooling
their shared knowledge of the region, the planning committee identified potential
network members, developed a list of possible participants to the conference, and
assigned a maximum number of attendees per country. In countries where there was a
core group of women involved in WLD to that point, the selection of specific
individuals to attend the conference was left up to them. Other individuals from
countries that did not yet have a relationship with WLD were invited by the Planning
Committee. In all cases, conference participants were expected to come prepared to
discuss the issues related to the major themes and contribute to the discussion of
the regional organization of APWLD. Prior to the conference we sent some
60 invitees the proposal for establishing the new regional organization and a survey
of their activities and opinions regarding priorities for action and the potential
role of APWLD. In preparation, these activists and academics held country level
meetings where feasible to discuss the potential for the new organizaton and the
issues they felt needed to be addressed. In this way, they arrived at the conference
ready to fully engage.
The Conference
In December 1986, fifty-two women from a dozen Asian
and Pacific countries—lawyers, activists and academicians—gathered
together to discuss substantive and programmatic issues related to women and the
law and to devise or identify effective strategies for improving women's rights
in the region. The participants met first in Manila and then went by bus to a
conference center in Tagaytay, a town south of Manila on the Philippine island
Luzon. In this beautiful setting, on a ridge above Taal Volcano, an active
volcano surrounded by Taal Lake, participants also embarked on the serious
venture of establishing the Asia Pacific Forum on Women, Law and
Development.
Photos from the APWLD
Conference
( For a more complete discussion of the issues
and strategies relating to the Asia region at the conference, see:APWLD Issues and Strategies
1986)
Substantive
Discussion For the first three days, conferees attended plenary
sessions and one or more of the twelve designated workshops. They presented papers
and participated in in-depth discussions about the substantive themes of 1)
women’s rights and religion, 2) violence and exploitation of women and 3)
economic and labor rights. Under the topic of law, religion and
women’s rights, the workshops covered the following issues.
religious influence on the law,
the effect of religious fundamentalism on personal law,
the dichotomy between customary and state law and
strategies to confront regressive influences on legal systems in the region.
Under the topic of violence and exploitation, workshops
included discussion of:
domestic violence and its causes,
rape and sexual harassment,
prostitution,
reproduction as violence and
strategies to confront each of these issues.
Under the topic of economic and labor rights, workshop
topics included: Inheritance and matrimonial rights
land rights,
free trade zones
the informal sector
migrant workers and
strategies to confront problems in each of these areas.
Besides spelling out the problem for women in each of these areas, they
identified current or potential strategies that could be undertaken in the region.
Establishment of APWLD On the
final day of the conference, participants proceeded with the creation of the
Asia Pacific Forum on Women, Law, and Development. They
agreed that APWLD would primarily facilitate processes and
activities designed to raise the legal status of women, especially those in
disadvantaged circumstances. They drew up a set of organizing principles stating
that the APWLD would be an independent and autonomous, non-governmental,
non-profit organization and that membership would be open to
Asian and Pacific women's NGOs committed to its
objectives.
The Goal of APWLD
Empowering women in the Asia Pacific region to
use the law as an instrument of social change for equality and
development.
The assembly framed the primary goal of
APWLD as empowering women in the Asia Pacific region in the use
of law as an instrument of social change for equality and development, enabling
women to use law and legal institutions in furtherance of the Forum's
objectives, and promoting the basic concept of human rights in the region as
enshrined in the Universal Declaration of Human Rights.
To
fulfill this goal, the assembly also formulated several specific
objectives:
To work towards the development of a model code of values which reflects
women's quest for equality and justice;
To urge national governments to ratify and effectively implement the
U.N. Convention on the Elimination of All Forms of Discrimination Against
Women (1981);
To work towards the realization of the full potential of women and their
position of equality within the family structure and society;
To promote women's economic rights to ensure that they have equal
access to all productive resources;
To enhance women's participation and capacity to shape macroeconomic
development strategies in their own country and in the region;
To promote processes which will ensure women's equality in political
participation;
To facilitate and strengthen interaction among individuals, groups, and
countries committed to the overall objectives;
To share information, expertise, experiences, and resources to develop and
strengthen individual and collective action;
To express solidarity and to mobilize members of the Forum and public
opinion in cases of exploitation of women and violations of their rights.
Finally, the assembly elected a Steering Committee
and gave it the mandate to set up the Secretariat and develop a program to
implement the objectives. They agreed to a seven-member steering committee to be
representative in both a geographical and substantive senses. Geographic
representation was to be determined through a quota system in which members from
the South Asia sub region would designate three of their colleagues to be on the
Steering committee; the same went for the Southeast Asia sub region. One person
from the Pacific was elected by the other sub-regions. Once East Asia was
better represented, it was expected that one or more would be added to the
Steering Committee from that sub-region. The Steering
Committee was given responsibility for guiding the development and
implementation of the program and to be accountable to the membership for the
faithful implementation of the functions of the Asia Pacific Forum as outlined.
The committee members elected in 1986 were: Mere Pulea (Fiji), Rani Jethmalani
(India), Farida Ariffin (Malaysia), Emelina Quintilian (Philippines), Asma
Jahangir (Pakistan), Radhika Coomaraswamy (Sri Lanka), and Virada Somswasdi
(Thailand). At the first meeting held immediately after the
conference, the APWLD steering committee discussed the tasks that needed to
be done to bring the organization to frution. They asked me if I would continue
to assist them in the development of the APWLD program, most immediately with
proposal development, funding contacts and program planning. I
agreed.
Participants
BANGLADESH Roushan
Jahan Women for Women Salma
Sobhan Bangladesh Rural Advancement Committee
(BRAC) INDIA Rani
Adwani Self-Employed Women's Association
(SEWA) Nandini Azad New Delhi,
India Jyotsna Chatteiji Joint Women's
Programme Ranjana Kumari Center for Social
Research Manjula Rathore Benares
Hindu University Josna Roy Center
for Social Recearch Nalini Singh
Journalist INDONESIA Luisa
Gandi Fakultas Hukum, Universitas Indonesia
Saparinah Sadli LliuWK (Women's Legal Services
Project) Amartiwi Saleh Legal Aid
Lawyer Nani Yamin LKBuWK (Women's
Legal Services Project) JAPAN
Miyoko Shiozawa Center for Asian Women
Workers MALAYSIA Noor Farida
Ariffin Association of Women Lawyers
Lim Kah Cheng Association of Women
Lawyers Irene Fernandez Women's
Development Collective NEPAL
Silu Singh Women's Legal Services Project, Nepal Women's
Organization Shanta Thapalia Faculty of
Law, Trihbuvan University PACIFIC
Shamima Ali Women's Crisis Center Suva, Fiji
Mere Pulea Mere Pulea and Associates Republic of
Nauru PAKISTAN Asma Jahangir
AGHS Law Associates Hina jilani AGHS
Law Associates Rashida Patel
Pakistan Women Lawyers Association PHILIPPINES
Alice Canonoy-Morada Dentral Visayas Regional
Projects Marilyn Cepe BATAS (Center for
People's Law) Mariflor Parpan
MATAGU Soledad Perpinan Third World
Movement Against the Exploitation of Women
Jing Porte Women's Center Quezon City
Emelina Quintillan PILIPINA Legal Resources Center
Davao SRI LANKA Radhika
Coomaraswamy International Centre for Ethnic
Studies Nimalka Fernando National
Christian Council Savitri
Goonesekere Faculty of Law, Open University
Manouri Muttetuwegama
Attorney THAILAND Chantawipa
Apisuk EMPOWER Bangkok Malee
Pruekpongsawalee Faculty of Law, Thammaset
University. Virada Somswasdi ChiangMai
University, Faculty of Social Sciences
OEF/WLD
Margaret Schuler, WLD Program Director
Robin Forrest, WLD Program
Associate Nancy Rubin, OEF Board
Member
* In addition there were observers representing the Ford
Foundation and the Latin America and Africa WLD networks.
APWLD complete conference report to read or
download.
Program Development
Once again, like in Nairobi, with the
conclusion of the process and the elaboration of a clear vision for the future,
the founding members were faced with a challenge. They had laid out objectives,
but there was no funding yet for the program, no office and no personnel to
organize it within the region. Proposals needed to be prepared, funding secured,
legal incorporation of the organization effected, staff hired, etc. A major
challenge was the fact of geographical distances separating the steering
committee members. They needed speedy and reliable communication among them if
they were to accomplish the additional program elaboration that was required.
Doing so in the era before internet when even fax wasn't yet common was
challenging, indeed, and timing was a delicate matter at that point. If
action was not taken quickly, enthusiasm could wane. Donors needed confidence
that the commitment to move forward was sufficiently strong to warrant their
backing. Our WLD program at OEF, of course, committed to do
whatever was possible to see this through. I approached
several European donors that had funded various aspects of the development
process. They said they were interested but were awaiting a proposal from APWLD.
I also approached the Ford Foundation again, the major donor of the preparatory
phase and the conference. To my surprise I was told, "APWLD doesn't yet have a
track record. What is needed is evidence that the leadership of the organization
is coalescing." Having committed a good amount of energy and time to the effort
myself, I wanted to see APWLD move forward effectively. I realized that although
I would play a supportive role, the steering committee of APWLD had to be fully
engaged. At that moment the program proposal needed further input from the
steering committee, which was difficult to achieve. The members were living in
seven different countries and had full time jobs themselves. I felt
it was important to bring the group together again primarily to refine the
program proposal they would advance to donors for funding. Once the proposal was
in place, I was confident that donor agencies would be ready to step up. But
there were no resources at that point to gather the group together again. My
challenge was to find a way. The opportunity came in
April 1987 when I was invited to travel to Philadelphia and participate in a
planning group convened by the mayor’s office. They wanted to organize a
series of events to commemorate the bicentennial of the US Constitution later
that year, including an international conference. That sounded like an
interesting prospect and I determined to get WLD-related participants invited as
speakers and have their travel paid for by the city of Philadelphia. They could
subsequently have their own meeting, piggy-backing on the Philadelphia
conference. And indeed, it did work out that on my
recommendation several members of the APWLD steering committee were invited by
the city of Philadelphia to speak at the conference, with a commitment to cover
their travel expenses. OEF covered the slack for the others and in the end
most made it to Philadelphia. The two-day Philadelphia conference itself was not
very well organized and a little confusing. Some of the APWLD participants were
disappointed with their panels and the quality of the discussion. Worse even,
was the arrangement for accommodations. The invitees were put up in university
student housing and given very little per diem.
No doubt, the Philadelphia conference commemorating the US Constitution
was less than spectacular, but that was beside the point. Despite the
difficulties, the people relevant to the task of building APWLD were together
and able to move the organization forward during the following
week.
The Bryn Mawr
Meeting Following the conference, APWLD was the recipient of a
generous gift, this one from Bryn Mawr College, a prestigious women's college
located outside Philadelphia. Fortunately, it was summer and students were not
in residence, so at WLD/OEF's request Bryn Mawr graciously offered the college
as a venue for the APWLD meeting including lodging for all participants. So,
once again, the APWLD Steering Committee was able to efficiently work together
to advance its goals--even though the meeting took place half way around the
world from Asia. At that meeting,
the constitution of APWLD was set,
its program more clearly laid out and
plans for serious fund raising developed. The
program they outlined had five major components. communication, education,
research, mobilization and monitoring. Information and
Communications. This
component of the program would aim at sharing information about substantive
issues and strategies. The principle means to share information would be a
regional newsletter containing information on the extent and scope of work
relating to women's rights by women NGOs in the region and major socio-legal
issues relating to women in member countries. In addition, occasional
papers, products of APWLD educational work and research, conference
presentations, would be published and a comprehensive bibliography of
publications (books, articles, studies, training materials, etc.) relating to
the field of women, law, and development compiled. Education and
Training of WLD Activists. The educational component of
the program, designated as a priority area, proposed to develop broader
understanding of the issues and strategies among its members to improve their
skills, and to strengthen network linkages. This was viewed as consistent with
the objectives of deepening the link between theory and practice and increasing
the mobilizing capacity of the network. Educational experiences aimed to
take several forms.
Seminars and workshops - These would be organized or convened around
topics of common interest. Among the priority topics identified were
analysis of the legal systems in the Asia Pacific region and their gender
implications, evaluations of legal programs and how they affect women,
social development planning, policy-making, lawmaking, and developing
forward-looking strategies.
Inter-organizational exchanges - Another approach to learning is the use of
inter-organizational exchanges, either as study tours or internships. This
was aimed primarily at the grassroots worker and project organizer.
Exchange of materials, methods, and techniques.
Community legal literacy - APWLD proposed to assist women throughout the
region to learn more about effective approaches to legal literacy. Through
workshops and training sessions APWLD participants would acquire skills
in fostering grassroots rights awareness and action.
Research. As with education and communications, there were
two principle targets for the research: substance and strategies. With
regard to substance, the development of model legislation—particularly in
the field of family law—had been identified from the beginning as a
priority need in Asia. Research would also be undertaken to further the
understanding of effective strategies and approaches to overcoming legal
obstacles. APWLD proposed to facilitate the initiation of new
research, specifically by 1) defining critical substantive areas needing
research; 2) identifying appropriate researchers; and 3) developing funding
proposals to finance this research. Finally, APWLD envisioned drawing together
researchers already working in different areas in order to make the existing
research relevant to the needs of the members of the Asia Pacific
Forum. The following research topics were considered most important and
relevant to the AP region:
judicial decisions with gender implications;
analysis and examination of gender and developmental implications of
legal education and law curricula;
socio-cultural factors affecting legal activists (why they are legal
activists and the hazards/risks they take); and
model WLD legislation in the AP region.
Mobilization. Another major function of the Asia Pacific
Forum proposed was to mobilize members across the region in response to both
emergency situations and critical issues that constitute an imminent threat to
women's rights. This is essentially the "human rights" function. They recognized
that awareness of instances of violations of women's rights was growing daily,
but often the manifestations were not public even though the victims (women) are
extremely vulnerable to human rights violations. The purpose of this
component of the program is to publicize these instances and, more importantly,
to mobilize the regional network to act in concert and to place pressure on the
perpetrators. In addition to mobilization around emergency situations,
mobilization will also be used to garner support for women struggling to
change less dramatic, but deeply entrenched and rarely challenged, violations to
their rights, such as certain ethnic groups or categories of workers. Also,
mobilization would entail pushing for the repeal of discriminatory, oppressive
laws or the passage of favorable
laws. Monitoring. Another important component
proposed was monitoring of national WLD strategies in the region, including
documenting the reasons for their successes and failures. This component also
included monitoring the implementation of the U.N. Convention for the
Elimination of All Forms of Discrimination Against
Women With the proposal in good shape at this point and
a program clarified, the organization was in a position to the move forward with
the implementation of its vision.
Organization Development
The Steering Committee chose Kuala Lumpur, Malaysia as the
venue for the regional office. The committee agreed that because of its central
regional location and its cultural and religious diversity, Malaysia would be an
appropriate setting from which to coordinate the programs of the Asia Pacific
Forum. Also, rather than build the infrastructure for the APWLD from scratch, it
was decided to link with a supportive, existing institution. Since the Women's
Programme of the Asia Pacific Development Centre in Kuala Lumpur was compatible
in terms of vision and approach to APWLD, it was anticipated that a substantive
link between the two organizations would be feasible and advantageous. Noeleen
Heyzer, Director of APDC Women's Programme, agreed to support APWLD in its
development, providing not only access to ready-made infrastructure, but
guidance in its development as well. The steering committee
offered the position of regional coordinator to one of its own members, Emelina
Quintillan from the Philippines. She accepted the position and relocated to Kuala
Lumpur at the end of the year, 1987, one year after the founding conference in
Tagaytay. The APWLD office, which they called the secretariat, opened in January,
1988 in the Asia Pacific Development Center building, two stories up from Noeleen
Heyzer's office and the APDC Women's Programme. Shanthi Dairium, an activist
with Women's Aid in Kuala Lumpur joined Emelina on staff as program associate. In my
consultative role, I spent several weeks during 1988 in Kuala Lumpur assisting the
fledging staff in their task of organization and program development. During
its first year the APWLD staff divided its work between institution-building
activities and program implementation. Its list of priorities for 1988
included developing effective communication between staff and steering
committee and fund-raising for the administrative expenses needed for its
operation. Initially, the tasks of the secretariat centered on:
Establishing the legal status of APWLD;
Setting up the infrastructure (personnel, equipment, office
administrative systems, etc;
Establishing linkages with all members of the Forum;
Cataloging available expertise (locally and abroad) and establishing
linkages;
Identifying other agencies regionally and internationally from whom
information and materials can be obtained on regular basis;
Drawing up of detailed work plans.
Most of the administrative tasks were accomplished by mid-1988. The
establishment and expansion of members of the Forum, the inventory of available
expertise, the identification of and linkage with other agencies regionally and
internationally were ongoing activities. As a result of the outreach activities
of the staff, APWLD increased its membership the first year by more than 100%
from the original participants at the founding conference. In addition
to gathering information and data about country situations, pertinent to threats
against women's rights, the APWLD collaborated with 25 other women's
organizations filing a suit with the Supreme Court of India against 'Sati'. In
another gesture of solidarity, APWLD supported its Pakistani Steering Committee
member, Asma Jahangir, who provided legal services in seeking the release of women,
men, and children who were bonded brick kiln workers in Lahore, Pakistan. With
a view to awareness raising and mobilization during its first year, APWLD drafted
and disseminated a resolution calling on all women to be vigilant against
retrogressive policies and enjoining parliamentarians to assume their duty of
safeguarding the rights won by and for women. The resolution was disseminated widely
and published in newspapers and newsletters across the region. Staff and steering
committee members also provided technical assistance to local organizations in
developing tools for policy analysis, setting up legal literacy programs, providing
advice and referrals on matters related to women and development, law and
development, and women and law, and facilitating the exchange of materials and
inter-organizational meetings among the members. One of the objectives agreed
to by the Assembly in Manila in 1986 was "to work towards the development of a model
code of values which reflect women's quest for equality and justice" as a
prerequisite to the development of a Uniform Civil Code. Towards this end, the
steering committee decided to organize a regional conference that would bring
together women in the Asia Pacific to draft a charter of values that would serve as
guide for policies and laws affecting women. The conference aimed to set
standards that would harmonize, if not unify, policies and laws for women in the
Asia Pacific region. The conference also served as an opportunity for APWLD members
to personally meet and strengthen the network solidarity. Forty-two women
from thirteen countries participated in the Code of Values Conference in Kuala
Lumpur in November 1988. The conference proceeded smoothly in a highly participatory
fashion. Participants contributed ideas and served as documenters and facilitators.
A Charter of Values was drafted and action strategies for the consideration,
recognition and adoption of the Charter were proposed by the participants. In spite
of the diversity of culture, religion, and political systems, deliberations among
the conferees revealed at least four bases of unity:
Gender - particularly around the issues of male violence against women and
issues around reproduction, motherhood and parenthood;
Patriarchal relationships - particularly in the area of marriage, family,
divorce, religion, and other social institutions;
State - particularly pertaining to legal rights, property ownership,
division and distinction between public and private spheres of life, and
modalities of development;
Mutual support in crisis situations - the recognition of the necessity of
solidarity, mutual support and fairness.
Although it took over a year from the founding conference to the opening of
the APWLD office, the first year functioning as an institution set a firm foundation
for future development. In January of 1989, Nimalka Fernando from Sri Lanka
replaced Emelina as regional coordinator. That year saw a series of regional
consultations and workshops aimed to clarify issues and methods. In August, a
consultation in New Delhi brought together 25 women and men academics, grass-roots
activists, practitioners and researchers related to alternative development
and the role of legal strategies in raising critical consciousness and
mobilization for bringing about social transformation.This
was followed in November by two sub-regional workshops (South Asia and Southeast
Asia) on Legal Literacy Strategies that Empower Women. The clarifications and
key concepts arising from the August 1989 consultation provided the focus an
direction for these workshops. Around fifty five women lawyers and activists
from about thirty women's groups that were carrying out any legal literacy
strategies either as their main agenda or as a component of their agenda
attended the workshops. Their aim was to enable
the women's groups to evaluate their existing legal literacy strategies in
the light of legal issues facing women and to create alternative, more
effective strategies. As a result of these two workshops, the groups
concerned gained a sharper realization of the issues facing
women. I attended the consultations and
the South Asia legal literacy workshop in 1989, although my presence
through OEF became less frequent. OEF and I continued to maintain a supportive
relationship with APWLD. Some of the founders of APWLD would eventually be invited
to be on the board of Women, Law and Development International, the organization
that emerged from the OEF/WLD program and would continue to be an international WLD
link with APWLD. In the meantime, my attention turned to Africa and Latin
America in their bid to establish their own regional organizations. The Asia
Pacific Forum on Women, Law and Development was off to a strong, independent,
dynamic start.
See APWLD today. Click on the logo to
access their website
.
Continue on to Latin America and
CLADEM, the second of the networks to develop.