Commonwealth Human Rights e-Newsletter: April 2005   Commonwealth National Human Rights Commission (CNHRC) Project

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This e-Newsletter has been produced for Commonwealth National Human Rights Institutions (NHRIs) by the British Council, as part of the British Council's project to support networking and sharing between such NHRIs.

SPOTLIGHT of the month: Speech by Dr Sev Ozdowski OAM, Australian Human Rights Commissioner on “Child Migrants and Human Rights in our Time” at the 4th World Congress on Family Law and Children's Rights from 20 – 23 March, 2005 in Cape Town, South Africa
Content:

	1. Forthcoming Events 2. Awards 3. Reports and Publications 4. News Stories

FORTHCOMING EVENTS

Sixteenth Session of the United Nations International Co-ordinating Committee from 14 -15 April, 2005 The Sixteenth Session of the International Co-ordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), will be held on 14-15 April 2005 in Geneva . You can read the provisional agenda online.

Conference on “Effective Implementation: Preparing to Implement the new India Right to Information Law” from 23 May - 25 May 2005 in New Delhi The Commonwealth Human Rights Initiative is organising a national conference on “Effective Implementation: Preparing to Implement the new India Right to Information Law” in New Delhi from 23 May - 25 May 2005. The conference draws together international experts, and civil society and government officials from across India, to discuss practical solutions to the key implementation challenges that the Indian Government will face relating to the new right to information law. The conference will focus on the practicalities of establishing and running an Information Commission, or multiple Commissions throughout the country. It will draw on the experience of Information Commissioners from different jurisdictions, including in facilitating the implementation of proactive disclosure provisions, undertaking training for public officials, developing guidance notes on exemptions and managing the application and appeals process. For further details, please contact Charmaine Rodrigues at CHRI: charmaine@humanrightsinitiative.org

Indigenous Peoples, Human Rights and Advocacy - A Human Rights Training Programme for Indigenous Advocates in the Asia-Pacific Region in Darwin, Australia from 20 – 29 June, 2005 The Diplomacy Training Program, in partnership with Batchelor Institute of Indigenous Tertiary Education, is organising a training program for Indigenous community advocates working in Australia and the Asia-Pacific region. The capacity building program will take place in Batchelor, located near Darwin in the Northern Territory , Australia from 20 June- 29 June, 2005. The course fee is A$2000. The deadline to apply is 30 April, 2005.

 

AWARDS

2005 John Humphrey Freedom Award Rights and Democracy invites nominations for the 2005 John Humphrey Freedom Award, which honours an organisation or person who has made an outstanding contribution to the promotion of human rights and democratic development. The prize is named in honour of John Peters Humphrey, a Canadian law professor who prepared the first draft of the Universal Declaration of Human Rights. The winner of the award will receive a C$25,000 grant and will be taken on a speaking tour of Canadian cities to help increase awareness of their human rights work. The deadline for nominations is 15 April 2005.

Changemakers Innovation Award on How to End Human Trafficking Changemakers.net, an initiative of Ashoka , announces an awards competition to discover the most effective, innovative strategies for ending human trafficking. Changemakers Innovation Awards include $5,000 cash prizes for each of three winners who are selected by visitors voting at Changemakers.net. Changemakers and its partners, Polaris Project and Vital Voices Global Partnership , invite contest entries from around the world to build an online community that "open sources" solutions for tipping the balance toward ending human trafficking. Organisations from any country may submit anti-trafficking initiatives. Entries must be in English to enter the competition. The previous Changemakers contest attracted 99 entries from 39 countries. The contest entry form, background articles, contest rules, judging criteria, and supporting materials are available online or write to endtrafficking@changemakers.net. You may submit contest entries until May 22, 2005. Voting begins on June 1, 2005. The three Changemakers Innovation Award winners will be announced on June 15, 2005.

 

REPORTS & PUBLICATIONS

Africa

Widows, Aids, Health And Human Rights in Africa: Case Study from Tanzania This paper has been produced by Social Science Research Network (SSRN). Widows, in Tanzania and many other parts of the world, face discrimination on a regular basis, which often condemns women to a life of poverty. In the face of this discrimination, there is no national or international consensus on the importance of changing the customary legal rules relating to widows, and on the larger question of the proper place of customary law and harmful traditional, cultural, and religious practices in the changing African society. But practices which hitherto have been taken as settled and widely accepted are now being challenged in the face of the changing socioeconomic conditions in Africa , flagrant human rights violations, the health and human rights movement, and the AIDS epidemic. In examining the discrimination and poor conditions widows experience in Africa , the author concludes that the extreme discrimination and oppression experienced by widows is resulting in increased morbidity and mortality. In the context of HIV/AIDS some practices pose the gravest health risks for widows and their children.

International

Report on the 5th session of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, New York, 24 January – 4 February 2005 This report has been prepared jointly by a number of representatives from national human rights institutions and the Asia-Pacific Forum of National Human Rights Institutions who attended the 5th session of the Ad Hoc Committee in New York , from Monday, 24 January 2005 to Friday, 4 February 2005. Ms Anuradha Mohit, of the National Human Rights Commission of India who was the representative of the International Coordinating Committee of NHRIs and the APF at the session, and Ms Robyn Hunt, of the New Zealand Human Rights Commission, attended the whole session. Significant progress was made in discussion of the Convention, though it is clear that the drafting of the Convention will not be completed in 2005. There are a number of issues over which there has been no agreement reached, or where there is a lack of conceptual clarity (the definition of discrimination and equality is an example), and the tendency to view disability from the social Darwinian or welfare perspective.

Lives on Hold: The Human Cost of Statelessness Refugees International's new 50-page report highlights the difficulties faced by an estimated 11 million individuals worldwide who have no citizenship or effective nationality. These stateless people are international orphans who have fallen through the cracks of the United Nations. They regularly cannot participate in the political process of any country and are guaranteed no legal protections. Because of their status, millions of stateless people have difficulty in obtaining jobs and owning property, receive inadequate access to healthcare and education, and suffer sexual and physical violence. The report documents the human costs of the problem in more than 70 countries with particular emphasis on groups in Bangladesh , Estonia and the United Arab Emirates , and provides recommendations to the international community on what must be done by the UN, individual states and donor governments like the United States.

Manual on Rights-Based Education: Global Human Rights Requirements Made Simple The aim of this manual written by Katarina Tomasevski , UN Special Rapporteur on the right to education and published by UNESCO Asia and Pacific Regional Bureau for Education , is to provide an easily-referenced, one-stop guide to rights-based education by explaining international human rights documents while drawing on numerous country-specific examples. It presents the key human rights as they relate to children, parents and governments, and the corresponding obligations, especially of governments, that must be met to fulfil those rights, while summarising and analysing the major human rights treaties and conventions from the perspective of education. The manual is intended as a reference tool for policy-makers and practitioners in education.

A Dose of Reality: Women's Rights in the Fight against HIV/AIDS – A paper by Human Rights Watch According to Human Rights Watch, Governments around the world have done far too little to combat the entrenched, chronic abuses of women's and girls' human rights that put them at risk of HIV. Misguided HIV/AIDS programs and policies, such as those emphasizing abstinence until marriage, ignore the brutal realities many women and girls face. By failing to enact and effectively enforce laws on domestic violence, marital rape, women's equal property rights, and sexual abuse of girls, and by tolerating customs and traditions that subordinate women, governments are enabling HIV/AIDS to continue claiming the lives of women and girls. Human Rights Watch has interviewed hundreds of women and girls living with HIV around the world. This briefing paper focuses on the links between HIV/AIDS and abuses of women's and girls' human rights.

Revised draft plan of action for the first phase (2005-2007) of the World Programme for Human Rights Education The first draft of the plan of action was submitted to the UN General Assembly for consideration at its fifty-ninth session, in accordance with Commission on Human Rights resolution 2004/71, which was endorsed by the Economic and Social Council in its decision 2004/268. In its resolution 59/113, the General Assembly proclaimed the World Programme for Human Rights Education, noted with appreciation the draft plan of action for its first phase (2005-2007), focusing on the primary and secondary school systems, and invited States to submit comments thereon to the Office of the United Nations High Commissioner for Human Rights (OHCHR), with a view to its early adoption. On 21 December 2004, OHCHR sent a note verbale to all Governments seeking comments on the draft plan of action by 31 January 2005. In consultation with the United Nations Educational, Scientific and Cultural Organization (UNESCO), OHCHR revised the plan of action in the light of the comments received by 11 February 2005 from Australia, Austria, Azerbaijan, Greece, Germany, Japan, Sweden and Turkey.

India

Action Research on trafficking in Women and Children This action research project was commissioned by the National Human Rights Commission of India (NHRC) as it felt the need for an empirical study of this complex multi-layered and multi-dimensional problem. The study was carried out with the support of UNIFEM and conducted by the Institute of Social Sciences, New Delhi. For the first time in history a study of this dimension has been commissioned by NHRC. The research process was action-oriented and action packed with several activities of anti-trafficking (including prevention, protection and prosecution) being ignited, aided and facilitated by the NHRC-UNIFEM-ISS network. A perceptible momentum, based on human rights of women and children, has been created in the country. Moreover the study has been extensive and intensive, as well as multi-dimensional and multi-centric. Not only the push and pull factors have been studied but even the demand side has been looked into, by interviewing the ‘victims' and traffickers, many of whom are at large, as the law never caught up with them. The research laid bare the multi-dimensional nature of the problem, loopholes in the law, gaps in law enforcement, involvement of organized mafia and the agonies of the victims. It also revealed that India serves as a source, transit and destination where thousands of women and children are exploited day in and day out.

Malaysia

Trafficking in Women and Children This report, produced by Human Rights Commission of Malaysia (SUHAKAM), looks at the situation of trafficking in women and children in Malaysia . It looks at the trends of trafficking, international and national conventions and legislations, and provides recommendations to address the problem. The report includes a discussion on the Forum on Trafficking of Women and Children: A Cross Border and Regional Perspective held in 2004. The report states that whilst the volume of trafficking in Malaysia is relatively small in comparison to its neighbours, it is growing. Due to the geographical location of Malaysia , it has become an ideal transit point for trafficking activities.

New Zealand

Race Relations in 2004: A report on the state of race relations in New Zealand This report is about race relations in the context of the human rights of all New Zealanders. The report brings together information about developments in race relations in 2004, along with an analysis of race-related complaints made to the Human Rights Commission, statistics on New Zealand's demographics and ethnic inequalities, and an overview of race relations research in 2004.

New Zealand Action Plan for Human Rights Priorities for Action 2005—2010 The New Zealand Action Plan for Human Rights (the Action Plan) is the first such plan to be drawn up for that country. It identifies what must be done over the next five years so that the human rights of everyone who lives in New Zealand are better recognised, protected and respected. The Action Plan draws on Human Rights in New Zealand Today, the first comprehensive assessment of the status of human rights in New Zealand , and the contributions of over 5,000 individuals, groups and organisations who made submissions and participated in nationwide consultations and in the extensive public opinion research. The Action Plan identifies key human rights outcomes and the actions needed to achieve them.

South Africa

The Guide on how to use the Promotion of Access to Information Act (PAIA)- Act 2 of 2000 The Chairperson of the South African Human Rights Commission, Jody Kollapen, handed over a copy of the Guide to the Deputy Minister of Justice, Johnny de Lange on 1 March, 2005 marking the launch of the Guide on how to use the Promotion of Access to Information Act (PAIA), 2000. It is hoped that more South Africans will use the Guide – the first of its kind – to help them enjoy their right of access to information, for example accessing information about social security grants and housing etc. The aim of the Guide is to provide assistance to any person who wishes to exercise their rights in terms of the Act, meaning they may request information from government institutions and private companies. It helps people gain access to a record held by a public or private body. The Guide is user friendly, easy to understand, and is available in all of the 11 official languages, which in itself is a milestone. It takes the member of the public through the process of how to go about requesting and accessing information.

United Kingdom

Treat with respect: HIV public health and immigration: a report The report, entitled ‘Treat with respect: HIV Public Health and Immigration' presents an overview of the key concerns and recommendations of an independent expert medical panel of physicians relating to HIV and asylum seekers and people of undetermined immigration status in the UK. As medical practitioners the Panel maintains that everyone, irrespective of nationality, should be entitled to medical care for HIV while they are resident in the UK . They recommend that HIV should be reclassified in government health care eligibility criteria as a sexually transmitted infection, therefore allowing individuals to access free treatment and care irrespective of their immigration status.

Handbook: Seeking Advice and Redress against Racism in Northern Ireland The purpose of this handbook is to provide information to individuals, community groups and advice organisations on where to seek redress on the different forms of racism in Ireland , North and South. It has been published by the Equality Commission for Northern Ireland (ECNI) and the National Consultative Committee on Racism and Inter-culturalism (NCCRI), to mark International Day Against Racism March 21 2005. The handbook recognises that racism is a multifaceted issue that can range from assaults and threatening behaviour to discrimination in the workplace or in the provision of goods, facilities and services. It seeks to provide guidance on where to seek advice, make complaints and seek redress against racism/racial discrimination. It is published to coincide with the forthcoming Race Equality Strategy in Northern Ireland and the recent launch of the National Action Plan Against Racism in Ireland.

 

NEWS STORIES

CHILD RIGHTS

CHRAJ bemoans high rate of child neglect cases Ms Anna Bossman, Acting Commissioner, Commission on Human Rights and Administrative Justice (CHRAJ), Ghana, has decried the high rate of child neglect and non-maintenance and urged the media and civil society to help check the trend. She said the Commission would engage the press, civil society, ministries, departments as well as traditional authorities in roundtable discussions on how best to use their combined resources to address these problems. Ms Bossman was addressing a press conference in Sunyani after a weeklong tour of the district offices of the Commission in Brong Ahafo, most importantly to ascertain the human rights abuses prevalent in the Region as well as incidences of maladministration and corruption. The acting Commissioner said the CHRAJ noted that the majority of complaints received in the district offices were of child neglect and non- maintenance, scoring 70 per cent of all cases received in 2004.

HUMAN RIGHTS EDUCATION

Better educating society to combat racism in Australia Only by taking a stand against racism, prejudice and intolerance can we truly come together as a nation and celebrate our racial, cultural, social and religious diversity, Acting Race Discrimination Commissioner Tom Calma said. The Commissioner said that Harmony Day and the United Nations International Day for the Elimination of Racial Discrimination (21 March) were important occasions to reaffirm our rejection of racial discrimination and prejudice. The Human Rights and Equal Opportunity Commission (HREOC), Australia combats racial discrimination and prejudice, and encourages understanding and tolerance by promoting compliance with the Racial Discrimination Act , which is celebrating its 30th anniversary this year, and through research, projects and education programs. The United Nations Committee on the Elimination of Racial Discrimination (CERD) recently welcomed the numerous human rights education programs developed by HREOC at its bi-annual meeting in Geneva.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

UN faces battle on bolstering human rights body Recent proposals by Kofi Annan, the United Nations secretary-general, would go a long way to strengthen the UN system for defending human rights, officials and non-governmental organisations say. But they face an uphill struggle to gain consensus among governments, including regular abusers of rights, more concerned to protect their own self-interest in six months of negotiations leading up to the general assembly in September. The centrepiece of Mr Annan's human rights proposals is the creation of a new human rights council to replace the largely discredited UN Human Rights Commission. One way of doing this would be to ensure that the new council bases its discussions on reports by the UN human rights office, experts and investigators, rather than selective country-sponsored resolutions. The next six months will test whether support for a stronger UN human rights role can be made to work in practice.

PRISON REFORMS

Prisoners' and Victims' Claims Bill doesn't do prisoners or victims justice in New Zealand The Prisoners' and Victims' Claims Bill fails to provide a suitable way to compensate victims of crime or to ensure the safety of prisoners, the Human Rights Commission, New Zealand told the Justice and Electoral Select Committee. The Commission's submission notes that the legislation focuses on limiting access to compensation for prisoners rather than on preventing mistreatment occurring. Victims of crime should be appropriately compensated, Chief Commissioner Rosslyn Noonan said, but that does not require or justify overriding the minimum human rights standards that prisons must meet. The Commission's submission concluded that the Bill was arguably in breach of international human rights law. It puts the government at risk of criticism from international human rights treaty bodies and would damage New Zealand 's international human rights reputation.

Northern Ireland Human Rights Commission welcomes Policing Board's Human Rights report The Northern Ireland Human Rights Commission has welcomed the first report from the Northern Ireland Policing Board on how the Police Service of Northern Ireland (PSNI) is meeting its responsibilities under the Human Rights Act 1998. The report, produced by the Board under its statutory duty to monitor police compliance with human rights legislation, made 60 recommendations for the Board and PSNI to take forward. Although progress has been made in integrating human right principles into the work of the policing service, further attention is required particularly in regard to improving the quality of police human rights training programmes. The authors of the Policing Board report considered a number of criticisms made by the Human Rights Commission in its evaluation of existing training provision, and agreed that the PSNI should evaluate how well this training has been integrated at every level of training provided to new recruits and serving police officers. The Commission welcomed the fact that the report, although focussed on the Human Rights Act, refers extensively to international human rights treaties and standards.

Prisoners 'need better education' in England Education for prisoners in England must be improved if they are to be prevented from re-offending, MPs have said. A House of Commons education select committee report found that half of inmates lacked the skills needed for 96% of jobs available upon their release. Only a third had access to formal education, lasting on average nine hours a week. The UK government said a green paper on prison learning was being prepared and the MPs' report would be considered. The MPs found prison officers gave a "low priority" to education and that inmates were being paid more for "repetitive work in workshops" than for joining learning programmes. A Department for Education and Skills spokeswoman said the current budget of £136m a year for prisoner education would rise to £152.5m from 2005-6.

RIGHTS OF THE DISABLED

Make Courts disabled friendly; NHRC, India Chief writes to Chief Justices of High Courts The Chairperson of the National Human Rights Commission, India, Dr. Justice A.S. Anand has asked the Chief Justices of all the High Courts to check whether there exists the practice of persons with disabilities being made to remove their shoes when they are produced in court. In a recent letter addressed to all the Chief Justices, Justice Anand added that the existence of this practice was brought to the notice of the Commission during its meeting with the Chief Secretaries and Directors General of Police held on 14 December 2004 in New Delhi . On that occasion, he said, it was pointed out by the representative of the Government of Karnataka (One of the southern states of India ) that when persons with disabilities are produced in the Court, they are made to remove their shoes. In the case of physically challenged persons and in particular those persons with artificial legs and who use wheel chairs, this requirement causes serious difficulties to them. In his letter Justice Anand requested the Chief Justices to take appropriate steps to avoid difficulties suffered by persons with disabilities due to such a practice, if it is prevalent in the courts in their respective States. The Commission has always been deeply concerned about the rights of persons with disabilities and has been recommending measures to various authorities from time to time for better protection and promotion of their rights.

RIGHTS OF INDEGNIOUS PEOPLE

Social Justice Commissioner concerned national Indigenous voice has been silenced in Australia Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma said he was concerned that Indigenous peoples will not have a voice at the national level in Australia following the passage of the the Aboriginal and Torres Strait Islander Commission (ATSIC) Amendment Bill in federal Parliament on 16 March, 2005. The Bill as passed does not incorporate key recommendations from the Senate Select Committee's report on the administration of Indigenous Affairs: After ATSIC - Life in the mainstream?. The Bill has not included recommendations which proposed that the government must consult with relevant Indigenous organisations; that the government support and fund the formation of a national Indigenous representative body; that the plan to abolish regional councils is deferred; and that the government acknowledges the National Indigenous Council as a temporary measure only until a national representative body is elected. The Commissioner said that governments need to ensure effective participation of Indigenous communities in the Shared Responsibility Agreement and Regional Participation Agreement negotiation process.

TERRORISM

UK's Prevention of Terrorism Act 2005 incompatible with Human Rights Obligations The Prevention of Terrorism Act 2005 falls foul of the United Kingdom 's human rights obligations, Human Rights Watch said. The law, which allows for control orders restricting the freedom of terrorism suspects, was rushed through Parliament in response to a December 2004 ruling by Britain 's highest court that the indefinite detention of foreign terrorism suspects breached human rights law. Control orders replace the powers under part 4 of the Anti-Terrorism Crime and Security Act (ATCSA) allowing the indefinite detention of foreign nationals certified as terrorism suspects.

WOMEN'S RIGHTS

Kenyan women take rape case to UN Several hundred Kenyan women who say they were raped by British soldiers based in the country are taking their case to the United Nations. Their lawyer Joyce Majiwa has accused the Kenyan and UK authorities of not taking adequate action to help them. The women, mostly from the Samburu and Masai tribes, are seeking millions of pounds in compensation from the MoD. The British Royal Military Police (RMP) are still investigating the claims, said the Ministry of Defence. More than 2,000 women had been interviewed since the inquiry into rape allegations began in 2003, said an MoD spokeswoman. She said the department had recorded 2,187 complaints of incidents spanning 25 years.

 

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