Commonwealth Human Rights e-Newsletter: August 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: Message from the UN Secretary-General on the International Day of the World's Indigenous People on 9 August, 2005
Content:

	1. Forthcoming Events 2. Awards 3. Reports and Publications 4. News Stories 5. Sixth Session of the Ad Hoc Committee on Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities

FORTHCOMING EVENTS

Workshop on ‘Engaging the Marginalised - Partnerships between Indigenous People, Governments and Civil Society' from 14 - 17 August, 2005 in Australia The Secretariat of the Permanent Forum on Indigenous Issues (SPFII) and the Human Rights and Equal Opportunity Commission, Australia will be organising a capacity building workshop on Partnership between Indigenous Peoples, Governments and Civil Society. This workshop will discuss the developments at the international level on engagement of indigenous peoples in governance and development activities, and identify best practices at the national and local level of such engagement. One of the key objectives of this workshop is to raise the awareness of policy makers about the human rights and needs of indigenous communities and the international frameworks that provide the justification for engaging indigenous communities. Examples of effective national and local government-community partnerships will also be highlighted.

Asia Pacific Forum's (APF) 10th Annual Meeting from 24 - 26 August, 2005 in Ulaanbaatar, Mongolia The 10th annual meeting, hosted by the National Human Rights Commission of Mongolia, will focus on the prevention of torture and other forms of ill-treatment and the role of national human rights institutions. Parallel to the annual meeting, the Forum's Advisory Council of Jurists will meet to consider a reference on international law, instruments and standards relevant to torture and other cruel, inhuman and degrading treatment or punishment. The Advisory Council will present its recommendations to the annual meeting on the final day.

World Congress on Child Labour and Education from 4 – 8 September, 2005 in New Delhi, India The Second Children's World Congress on Child Labour and Education will be organised by the Global March on Child Labour in New Delhi from 4-8 September, 2005, to enable participation of the children from Asia and Africa, who were left out from the earlier Florence Congress . In keeping with the achievements of the Florence Congress, this second conference will also empower children to lead worldwide efforts to end child labour and to ensure free, quality education for all children. The focus of the event is the children themselves and the participating children will be the main speakers, decision-makers and the beneficiaries. During the conference, the children will interact with world leaders and attend workshops and sessions, including an accountability session, to facilitate the formulation of Children's Plan of Action, which will be presented to the attending governments and international organisations.

Commonwealth Law Conference from 11 – 15 September, 2005 in London The 14th Commonwealth Law Conference will take place in London from 11 – 15 September, 2005. The conference will be the jubilee celebrating 50 years of Commonwealth Law Conferences and the first time that the conference has been held in London since 1955. The theme for the conference will be Developing Law & Justice . During the Conference there will be a meeting of the Presidents, Officers and Executive Secretaries of Commonwealth Bar Associations and Law Societies. There will also be meetings of Commonwealth Chief Justices, Commonwealth Attorneys General and specialist Commonwealth legal groups, such as the Parliamentary Draftsmen, Military Lawyers and Public Sector Lawyers.

Committee on the Rights of the Child – Day of General Discussion on 16 September, 2005 The Committee on the Rights of the Child, the body of independent experts responsible for reviewing progress made by States parties in implementing the Convention on the Rights of the Child decided at its 37th session to devote its 2005 Day of General Discussion to the subject of “Children without parental care" in order to improve implementation of the Convention on this topic and identify practical solutions and steps for ensuring that the rights of children living without parental care are respected.

Online course on ‘Introduction to Human Rights Education' from 21 September -13 December, 2005 The online course from Human Rights Education Associates (HREA) will introduce the international field of human rights education, including presentations of programming approaches, teaching and learning resources, and related theory. The course is intended for educators and trainers working in both the formal and non-formal sectors. The course involves approximately 60 hours of reading, on-line working groups, interaction among students and instructors, and assignments, and is offered over a 12-week period beginning on 21 September. E-mail will be the main medium for the course, although participants will need to have periodic access to the Web. The course tuition fee is US$ 525. A limited number of scholarships are available for applicants from Africa, Arab World, Asia, Central and Eastern Europe/Newly Independent States, Latin America/Caribbean.

Training on promoting Gender and Rights in reproductive health and HIV/AIDS from 24 October - 11 November, 2005 in Nairobi, Kenya The Centre for African Family Studies (CAFS), in collaboration with the World Health Organisation Secretariat, Women's Health Project of the University of Witwatersrand and the Harvard School of Public Health, is offering a three-week course on gender and rights in reproductive health and HIV and AIDS. The course will highlight regional priorities and current controversies in relation to the Millennium Development Goals (MDGs) and the International Conference on Population and Development (ICPD) and Beijing Programmes of Action, particularly in the context of HIV and AIDS. The course is suitable for senior and middle-level managers, planners and policymakers from both the public and NGO sectors, who are directly responsible for influencing or making policy to implement the MDGs and the Cairo and Beijing Programmes of Action. For further information, contact Centre for African Family Studies (CAFS), P.O. Box 60054, 00200 Nairobi, Kenya; tel.: 254-20-444 86 18, fax: 254-20-444 86 21 or e-mail: info@cafs.org

Workshop on Trafficking from 21-23 November, 2005 in Sydney, Australia The Asia Pacific Forum of National Human Rights Institutions (APF) and the Australian Human Rights and Equal Opportunity Commission will hold a training workshop on human trafficking for the APF's member institutions in Sydney from 21-23 November, 2005. The workshop will provide an opportunity for participants to share information and experiences about the policies, programmes and practices developed and implemented by national human rights institutions to combat trafficking. The workshop programme will be designed in consultation with members of the APF's Trafficking Focal Point Network.

 

AWARDS,COMPETITIONS & INTERNSHIPS

Chief Commissioner of Canadian Human Rights Commission receives the Outstanding Achievement Award of the Public Service of Canada On June 30th, 2005, Mary M. Gusella, Chief Commissioner of the Canadian Human Rights Commission, received from the Right Honourable Paul Martin, Prime Minister of Canada, the Outstanding Achievement Award of the Public Service of Canada for her sustained and exceptional performance of her duties and accomplishments. This award represents the highest honour in the Public Service of Canada. A Committee of distinguished Canadians appointed by the Prime Minister selects the recipients.

ABU CASBAA UNICEF Child Rights Award 2005 - A Call to broadcasters The Asian Broadcasting Union, a UNESCO partner, is now calling on Asia-Pacific broadcasters for entries for the ABU CASBAA UNICEF Child Rights Award 2005. The Award is made each year to the best television programming on children's rights produced in the Asia-Pacific region. It recognizes the efforts of broadcasters in pursuing both the production of top quality children's programming and better news coverage of children's issues. There is one category and one winner. Programmes both for children and about children are eligible and can cover any child rights' issue. Entries can include documentaries that detail the plight of children, dramas that help break down stereotypes and discrimination, or animation that teaches and entertains. Entries must have been broadcast between August 2004 and August 2005, should not exceed 60 minutes in length, and must be received by 26 August 2005. The Award will be presented at the CASBAA Convention in Hong Kong 28 October 2005. Entrants must specify who would collect the Award should the entry win. The winner will be flown to Hong Kong for the award ceremony.

UK Justice Awards 2005 launched The 2005 Justice Awards have been launched on the Criminal Justice System's website, where you will be able to nominate an individual or team for this year's awards, which are to be held at the Institute of Directors , UK in November. 2005. Anyone working in criminal justice in the UK can be nominated, including representatives of the Police, Criminal Defence Service, Magistrates' Courts, Probation Service, Prison Service, Crown Prosecution Service, Public Defence Service, Crown Courts and Youth Offending Teams. Nominations are also invited from any voluntary organisation that works with victims, witnesses, defendants or offenders. The winners will be decided in November by a judging panel chaired by Baroness Scotland, Minister of State for the Criminal Justice and Offender Management. The award categories range from individual to team categories. The last date to send nominations is 12 September, 2005.

Call For Papers: Research Competition, Decentralisation And Women's Rights in South Asia The Gender Unit of International Development Research Centre (IDRC) is launching a research competition on the theme 'Decentralization and Women's Rights in South Asia .' The competition is to support empirical research in any country of South Asia that will document and analyse specific state decentralisation reforms that have worked to promote women's rights, and/or reforms that have created barriers to the protection and realisation of these rights. The competition is aimed at experienced researchers, who may choose to work in teams with women's rights organisations and/or with less experienced colleagues in one or more South Asian countries to study the specific country experience. The deadline for submissions is 15 September, 2005.

Commonwealth Law / Equality Programmes Internship 2005 Interights is an international legal centre based in London which develops and promotes the legal protection of human rights worldwide. Interights ' Commonwealth Law and Equality Programmes are inviting applications for an internship as part of the development and implementation of their work. The three month internship, for a lawyer working on equality and non discrimination and economic social and cultural rights, will begin in mid September. The exact nature of activities will depend on organisational and programme priorities at the time of the placement. This placement will provide an opportunity for an Intern to develop their legal skills. Interights will arrange and pay for travel and visa costs. The intern will receive a monthly stipend of £1,100. Accommodation is not provided but Interights can advise on finding a suitable place to stay. Applications should be sent to Beth Fernandez, Programme Assistant (Equality Programme) either by email to bfernandez@interights.org, by fax to +44 (0)20 7278 4334, or by post to Interights, 33 Islington High Street , London N1 9LH . The closing date for applications is 19 August 2005.

 

REPORTS & PUBLICATIONS

Commonwealth

Commonwealth and International Human Rights Case Law Databases available online INTERIGHTS' Human Rights Case Law Database service offers over 2,000 summaries of significant human rights decisions, from both domestic Commonwealth courts, and from tribunals applying international human rights law such as the African Commission on Human and Peoples' Rights, the European Court of Human Rights and many more. You can search for a topic across both Commonwealth and International Databases, or you can confine your search to search across only Commonwealth courts or only international tribunals. Simply enter a word or any combination of words, which can include country, keyword, case name, date, court or any other terms, and then select which Databases you want to search across. The search results will throw up all the summaries, in which your search term appears, with the most relevant summary appearing first.

International

Violence against Women: A statistical overview, challenges and gaps in data collection and methodology and approaches for overcoming them - Report of the Expert Group Meeting from 11 – 14 April, 2005 Produced by United Nations (UN) Division for the Advancement of Women (DAW), this paper summarises the discussions of an expert working group examining violence against women. The expert group discussed in-depth the strengths and weaknesses of the two most common forms of data collection on the subject: population-based surveys and service-based data. In addition to quantitative data collected through these methods, the group discussed the importance of using qualitative data to study other aspects of violence against women. Qualitative methods can be an especially effective tool for assessing the nature of gender-based violence in an environment where little or no systematic data exists, such as conflict-affected areas. They can also be used to gain deeper insight into the causes and consequences of violence against women and to gauge attitudes towards such violence.

Trafficking in women for sexual exploitation and good practices for addressing the problem by all stakeholders This paper has been produced by United Nations (UN) Division for the Advancement of Women (DAW) that discusses initiatives to combat trafficking in women which qualify as 'good practices' examples in combating trafficking in women for sexual exploitation. They include policies, programmes and legislation aimed at combating and eliminating trafficking in women for sexual exploitation, focusing on Nigerian examples. The paper highlights that successful programmes for ending trafficking must involve both countries of origin as well as transit and destination countries, for genuine international cooperation.

India

A Bad Case: NHRC of India clogged under operational inefficiency – A review by Asian Centre for Human Rights (ACHR) This review ‘A Bad Case: NHRC of India clogged under operational inefficiency' has been published by ACHR as a part of its briefing paper series “NHRIs: Good , Bad and Ugly” for the 10th session of the Asia Pacific Forum of NHRIs to be held in Ulaanbator, Mangolia from 24-26 August, 2005. It examines the functioning of the National Human Rights Institutions of Thailand, India and Nepal. All the National Human Rights Institutions (NHRIs) have statutory limitations. Since the NHRIs are not expected to supplement the judiciary and do not have enforcement powers, the inability to implement their recommendations often raises questions about their credibility. The National Human Rights Commission of India is no exception. It has its statutory limitations, among others, inability to investigate abuses by the armed forces and the need to give prior intimation to the authorities to visit any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates. ACHR asserts that its observations are not based on assumptions or hearsay but consistent and systematic engagement with the NHRC.

Kenya

KNCHR launches the first Annual State of Human Rights Report This is the first annual report of the Kenya National Commission on Human Rights (KNCHR) since its formation in 2003. The report highlights the achievements and challenges of the National Commission for the period September 1st 2003 to June 30th 2004. It evaluates the performance of the Kenyan government as part of the Commission's duty to enhance the respect, protection and fulfilment of human rights for all.

Nigeria

“Rest in Pieces”   Police Torture and Deaths in Custody in Nigeria Despite Nigeria's progress on democratic reforms, Nigerian police routinely commit brutal acts of torture that have endured since the country's era of military rule, Human Rights Watch said in a report released recently. Human Rights Watch urged foreign governments funding police reform in Nigeria to be more critical about police abuses, such as torture.  The 76-page report, ‘Rest in Pieces': Police Torture and Deaths in Custody in Nigeria, is based on over 50 interviews with victims and witnesses of torture and is the first comprehensive study on the subject. The report documents brutal acts of torture and ill-treatment in police custody, dozens of which resulted in death. The majority of the torture victims interviewed were ordinary criminal suspects whose cases were characterized by an absence of due process of law. Typically, suspects were not informed by the police of the reasons for arrest, received no legal representation, and were subjected to excessive periods of pre-trial detention. Once the suspects were brought before a court, judges and magistrates often accepted confessions extracted under torture.

South Africa

The Age of Commodity: Water Privatisation in Southern Africa Access to water is literally a life and death matter but, as the articles collected by David McDonald and Greg Ruiters in their book on the commodification and privatisation of water show, for some people, their moral arithmetic doesn't rise above the “crude calculus of profit”. The turning of water from a basic human right into a commodity that can be privately owned, bought and sold in the marketplace, is part of the “capitalist mania” for privatisation of essential human services, including electricity, health care and education. Behind GATS (General Agreement on Trade in Services), the 148 member-countries of the World Trade Organisation are scoping out an enforceable agreement on international trade in (privatised) services. Water has enormous market potential, with US$1 trillion a year up for grabs by major US and European multinationals. This book focuses on South Africa, where existing programmes for water privatisation have already raised concerns.

Addressing domestic violence in South Africa: Reflections on strategy and practice Produced by United Nations (UN) Division for the Advancement of Women (DAW),this paper is a critical examination of strategies and policies implemented by the South African government to end violence against women in South Africa. The paper aims to draw some tentative conclusions about strategies and good practices in relation to reforming legislation addressing violence against women. The paper starts with a brief history of the South African Domestic Violence Act. The paper then describes some of the key innovations of the Domestic Violence Act (DVA), before examining how some of the Act's provisions have been implemented. It also examines which women have been most likely to benefit from the DVA. This is followed by an overview of efforts to hold the state and its actors accountable, both through the introduction of statutory obligations as well as through public interest litigation. It concludes by using these reflections as a basis for recommendations around good practice in the area of law reform.

United Kingdom

Promoting good race relations: a guide for public authorities UK 's Commission for Racial Equality has launched its CD-ROM guide 'Promoting Good Race Relations: A guide for public authorities'. Although the guide is targeted at public authorities bound by the race equality duty, it also contains guidance and case studies for organisations in the voluntary and private sectors. Under the Race Relations Act 1976 (RRA), public authorities have a statutory general duty to promote race equality in the UK. The duty is made up of three distinct parts: to work to eliminate unlawful racial discrimination, to promote equality of opportunity, and to promote good race relations. This guidance explains what is meant by ‘good race relations', and suggests steps that public authorities may take to achieve it. While each part of the race equality duty is distinct, the three strands are interdependent.

 

NEWS STORIES

ASYLUM

Human Rights Commissioner welcomes release of children from immigration detention Dr Sev Ozdowski, Human Rights Commissioner, Australian Human Rights and Equal Opportunity Commission (HREOC), has welcomed the federal Government's announcement that all remaining children will be released from Australian immigration detention centres. “It has been a long road to reach this milestone, which has been arrived at only through the hard work and determination of a large network of NGOs, community groups and individuals, whose genuine compassion and belief in this cause has finally resulted in change,” said Dr Ozdowski. In May 2004, HREOC's National Inquiry into Children in Immigration Detention Report– A last resort? , found Australia's immigration detention policy had failed to protect the mental health of children, failed to provide adequate health care and education and failed to protect unaccompanied children and those with disabilities. The two-year comprehensive Inquiry also found that the mandatory detention system breached the UN Convention on the Rights of the Child. It failed to make detention a measure of “last resort”, for the “shortest appropriate period of time” and subject to independent review, as required by the Convention.

CHILD RIGHTS

Secretary-General names officer-in-Charge, programme for children and armed conflict, pending appointment of new special representative On 26 July 2005, the Security Council adopted resolution 1612 (2005) in which it took note of the action plan presented by the Secretary-General relating to the establishment of a monitoring and reporting mechanism on children and armed conflict. The Council requested the Secretary-General to implement the mechanism without delay with regard to situations of armed conflict listed in the annexes to the Secretary-General's report (document S/2005/72). The Special Representative of the Secretary-General for Children and Armed Conflict, Olara Otunnu, contributed to the preparation and presentation of the plan of action. His comprehensive briefings to the Council culminated in the adoption of resolution 1612. With the adoption of a solid plan of action, this mechanism has now entered the implementation phase. With the expiry of Mr. Otunnu's appointment on 31 July 2005 and pending the appointment of his successor, the Secretary-General has requested Karin Sham Poo of Norway to be Officer-in-Charge of the programme. Ms. Sham Poo served, until recently, as the Deputy Executive Director of the United Nations Children's Fund (UNICEF).

CRIMINAL JUSTICE

Enhancing Human Rights awareness among West African Police Police trainers from Commonwealth West African countries met in Abuja , Nigeria , from 12 - 14 July, 2005 at the first regional capacity-building workshop to enhance their knowledge and skill in incorporating a human rights-based approach to policing into their existing police training programmes. The event was organised by the Human Rights Unit (HRU) of the Commonwealth Secretariat. More than 30 instructors from police training colleges in Cameroon , The Gambia, Ghana , Nigeria and Sierra Leone were introduced to the comprehensive 'Commonwealth Training Manual for Police Trainers'. This manual was developed by the HRU this year in collaboration with police trainers in West Africa.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

Complaints to CHRAJ, Ghana on the rise Records of the Commission on Human Rights and Administrative Justice (CHRAJ), Ghana, indicate that complaints to the commission have been rising or “in the ascendency” over the last couple of years. The commission's records state that since its establishment in 1993, the number of cases it received brought before it has seen a consistent increase, with the last few years recording a monumental increase. Even though the human rights institution has not officially released its annual report for last year, enquiries made by the paper ‘Ghanaian Chronicle ( Accra )' at the Public Relation (PR) unit of the commission confirmed that the number of cases received last year was higher than those of the previous years. Records of the commission indicate that from its inception in 1993, up to December 2000, the total number of cases received stood at 41,901. In 2001, the commission received 10,523 cases, in 2002, 12,381 while the figure for 2003, as contained in the annual report of the commission for that year, was 13,726. This means that for three years (2001 to 2003) the total number of cases received by the commission was 36,630.

Know your right, says Fiji Human Rights Commission Attempts should be made to understand indigenous rights and nationalism to reconcile any contrasting view and opinion on them and bring a common understanding, says Fiji Human Rights Commission chairman, Walter Rigamoto. He made the comments at the opening of the roundtable talks on human rights, indigenous rights and nationalism in Suva on 22 July, 2005. Mr Rigamoto said the issues had not been discussed at length before because advocates of human rights, indigenous rights and nationalism did not agree on the interpretation and application of the Bill of Rights and international instruments relating to indigenous rights. Mr Rigamoto said the commission's constitutional mandate included informing members of the public about the nature and contents of the Bill of Rights.

Tanzania Human Rights Commission lacks legal powers The lack of legal powers of the government backed Commission for Human Rights and Good Governance is a big setback in execution of its duties, which has caused leaders and the public at large to lose faith in it. ''The commission doesn't have any legal bidding”. It just gives recommendation of the investigations done following complaints on human rights violation and good governance,'' its chairman Judge Robert Kisanga said in Dar es Salaam . Lack of legal powers sometimes has made people to waste their time when the commission's recommendations are ignored by the responsible authorities, he said.

New IHF Website Feature on reforming the United Nations Commission on Human Rights The International Helsinki Federation for Human Rights (IHF) has launched a new website feature focusing on the proposed reform of the United Nations (UN) Commission on Human Rights. The new feature provides background information about the reform process, IHF statements and documents on reform related issues, media coverage related to the reform and links to governmental and non-governmental sources providing additional information. Part of the information is available in Russian and French. In March of this year, UN Secretary General Kofi Annan proposed the establishment of a new standing UN Human Rights Council. This body would replace the existing UN Commission on Human Rights, the legitimacy of which has been increasingly undermined by the politically selective character of its work. Together with other UN reform proposals, the proposal to create a Human Rights Council is to be considered at a UN summit in New York on 14-16 September 2005. In advance of this summit, informal deliberations are held among member states to discuss the various reform proposals. In the period leading up to the September summit, the IHF will engage in a series of efforts to advocate the establishment of a Human Rights Council that is capable of addressing contemporary human rights challenges in a more credible and efficient way than the existing Commission.

Together in combating Racism - A Canada for All The Canadian Human Rights Commission supports the provinces and territories in their efforts to combat racism. By adhering in principle to the Canadian Commission for UNESCO's proposal to establish a Canadian Coalition of Municipalities Against Racism, provincial and territorial commissions are making a strong statement that racism has no place in the areas under their jurisdiction. In its 2005 Budget, the Canadian federal government announced a $56 million investment over the next five years for the implementation of its own action plan to combat racism -- A Canada for All . The Canadian Human Rights Commission is taking part with its territorial and provincial counterparts in this important effort by combating racism and promoting equality in all areas of federal jurisdiction, through the administration of the Employment Equity Act and the Canadian Human Rights Act . The role of the Canadian Human Rights Commission is to redress discrimination against individuals but also to correct persistent patterns of inequality, prevent discrimination before it occurs, inform the public about equality and identify emerging human rights issues.

UN Human Rights commissioner sees need for more emphasis on implementation UN High Commissioner for Human Rights Louise Arbour said that the creation of a human rights council was critical to advancing the cause, especially in view of the international community's poor record when it came to implementing its established standards. "On the implementation side the commission has performed extremely poorly, leading to a perception of using double standards and being very politically driven. I believe that this perception can only be properly addressed by a fundamental change in attitude that can only be triggered by a profound institutional change," the High Commissioner said. Speaking to reporters during a press briefing at UN Headquarters in New York , Ms. Arbour also said that she has held discussions during her stay in New York with various stakeholders concerning the launching of a human rights council, hopefully at the time of the September summit.

RIGHTS OF INDIGENOUS PEOPLE

Time to make indigenous peoples rights a reality - The International Day of the World's Indigenous People on 9 August The International Day of the World's Indigenous People: Dispossessed and in Danger – Time to make the rights of indigenous peoples a reality. The International Day of the World's Indigenous People was first observed on 9 August 1994, at the start of the First International Decade of the World's Indigenous People. A second decade began this year. Despite some progress over the last decade, indigenous peoples around the world continue to live in hardship and danger due to the failure of states to uphold their fundamental human rights. Indigenous peoples are being uprooted from their lands and communities as a consequence of discriminatory government policies, the impact of armed conflicts, and the actions of private economic interests. Cut off from resources and traditions vital to their welfare and survival, many indigenous peoples are unable to fully enjoy such human rights as the right to food, the right to health, the right to housing, or cultural rights. Instead they face marginalisation, poverty, disease and violence – in some instances extinction as a people.

RIGHTS OF THE DISABLED

Chair of committee on Disability Convention hails negotiations as "one of the most worthy United Nations Exercises" Negotiations on the first-ever convention on the rights and dignity of persons with disabilities was one of the most worthy exercises before the United Nations and the international community at the present time, the Chairperson of the United Nations body charged with that task said. Opening the sixth session of the General Assembly's Ad Hoc Committee on a Comprehensive and Integral Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities, Chairperson Don MacKay of New Zealand said the Committee's work "will clearly have a huge impact on the lives of many." Recalling the progress made in the Committee's past five sessions, he said the convention was long, running into 30 draft articles. Moving a convention of that size along would require a huge commitment by all. It was necessary to apply pressure to quicken the pace in order to enable the Committee to complete its work as soon as possible. "Every year without a completed convention is another year lost without implementation,".

India has 21.9 million disabled; Visual impairment highest of all disabilities The Registrar-General of India recently released break-up figures for disability following the analysis of Census 2001 figures. The National Census is one of the greatest administrative exercises that the Indian Government undertakes to not only keep count of its citizens but to identify the basic profile that serve as the basis for policy formulation. Therefore the successful struggle to get disability included in the Census 2001 was a great achievement, yet the modest count of persons with disability is hard to believe. According to the recent data out of 21.9 million disabled people in the country – that constitutes about 2.13 per cent of the total population - 1.03 per cent are visually impaired, 0.16 per cent speech impaired, 0.12 per cent ‘hearing' impaired, 0.59 per cent ‘movement' impaired and 0.22 per cent ‘mentally' disabled of the total national population. The 2001 Census figures show that the highest percentage (48.5) of disabled is in the visual impairment category followed by the disability in ‘movement' (27.9 percent). The lowest percentage (5.8) has been reported for hearing disability.

Store in the UK faces disabled access writ A Derby wheelchair user has become the first person to use the Disability Discrimination Act to prosecute a firm for lack of access. Greg Jackson, 43, said he cannot get around the Debenhams shop in Derby . He said "there's a significant section of the menswear department that I can't access. It's three or four steps high and there is no lift, there's no ramp." The firm said it is awaiting the outcome of an independent audit of its Victoria Street site in the city. Mr Jackson served a writ at its London headquarters, for flouting part of the Disability Discrimination Act. His case is being backed by Disability Rights Commission.

Disabled work drive is launched in the UK A task force has been launched to help people with mental health problems and learning difficulties to find work. Remploy - a leading employer of people with disabilities - and two charities have united to set up pilot projects. The pilot schemes will include training and mentoring programmes. If they prove to be successful, the projects will be rolled out across the country. The initiative is part of a government drive to move one million people off Incapacity Benefit and into employment.

RIGHT TO HEALTH

Rights-based approach to AIDS called for by Dr Justice A S Anand National Human Rights Commission (NHRC, India ) chairman A.S. Anand has said the exploding problem of HIV/AIDS is no longer a public health issue, but a human rights one as well, which calls for a departure from traditional public health planning. At a workshop organised by the Family Planning Association of India in collaboration with the NHRC and the State AIDS Control Society, Chandigarh , Mr. Justice Anand stressed the need for quality assured HIV/AIDS centres, more clinical facilities that would provide HIV care, increased access to drugs and enhanced psycho-social support. Citing the example of the National AIDS Control Association, which had set up a Human Rights Cell, Mr. Justice Anand said the response of society had to be through a rights-based approach.

Human Rights Commissioner welcomes Youth Mental Health Initiative Australian Human Rights Commissioner and Acting Disability Discrimination Commissioner, Dr Sev Ozdowski, has welcomed the announcement by the federal Government of the establishment of a Youth Mental Health Foundation to better assist young Australians who experience mental health problems. Dr Ozdowski said that the need for better responses to mental health issues for young people had been the issue most frequently raised in national mental health and human rights consultations which he has conducted around Australia. The mental health and human rights consultations follow from the Human Rights and Equal Opportunity Commission's landmark ‘Burdekin Report' on human rights and mental illness conducted in the 1990s. The consultations were conducted in conjunction with the Mental Health Council of Australia and the Brain and Mind Research Institute. The consultations included 20 open community forums in each State and Territory and meetings with specific community, professional and non-government groups. Around 360 submissions were received and a detailed report will be released in August.

Discrimination cases by HIV positive employees in Kenya set to increase Kenyan businesses could soon face a wave of legal suits on wrongful dismissals of HIV-positive people, as the stigma associated with the disease weakens and more people openly declare their status. Much depends on the outcome of a case filed in Nairobi by a former waitress against a catering company, in which she alleges that she was unknowingly tested for HIV and subsequently dismissed because the results showed she was HIV-positive. In its defence, the catering firm says that it dismissed the waitress because of chronic absenteeism, and not on the basis of her HIV status. Kenya 's HIV/AIDS legislation, first drafted in 2002, is still pending in parliament. The draft law criminalises discrimination on the basis of HIV status in such areas as employment, insurance, and banking.

WOMEN'S RIGHTS

Africa Women's Day: More African governments must ratify Protocol on the Rights of Women in Africa In advance of the 43rd anniversary of Africa Women's Day on 31 July 2005, Amnesty International called on African governments that have not yet done so to ratify the Protocol on the Rights of Women in Africa (the Protocol) quickly and without reservations. The Protocol, adopted on 11 July 2003 by the African Union (AU) Assembly of Heads of State and Government has to date received only 11 ratifications. Fifteen ratifications are required for the Protocol to enter into force. The AU Assembly at its 2nd Summit in 2003 in Maputo , Mozambique expressed a commitment to achieve a speedy and regional wide ratification of the Protocol. Amnesty International is concerned that more than two years after its adoption, the Protocol has not received sufficient number of ratifications for it to enter into force. Amnesty International urged African governments to demonstrate their expressed commitment to make women's human rights a reality in their country by ratifying the Protocol quickly. The Protocol has been ratified by Comoros , Djibouti , Libya , Lesotho , Mali , Malawi , Namibia , Nigeria , Rwanda , South Africa and Senegal . 27 other African states have signed but not ratified the Protocol.

Funding shortfalls result in inadequate observance of women's rights, UN says While it is clear that improving the situation of women is key to achieving all the other Millennium Development Goals (MDGs), funding shortfalls have led to inadequate responses for such immediate priorities as ending violence against women and the denial of their property rights, senior United Nations officials say. In the annual report of the UN Development Fund for Women (UNIFEM) for 2004-2005, outgoing UN Development Programme (UNDP) Administrator Mark Malloch Brown says with the MDGs as an ambitious yet achievable global agenda for fighting poverty, “it is clear that women need to be at the centre of all these efforts.”

UN human rights chief appoints independent expert on minority issues The United Nations High Commissioner for Human Rights (OHCHR) has appointed a seasoned veteran in the fight against racism and the promotion of women's rights, Gay McDougall of the United States, as the world body's first independent expert on minority issues. Ms. McDougall's mandate includes promoting the implementation of the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, which affirms the right of all people to enjoy their own culture, to profess and practice their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination.

 

Update on Sixth Session of the Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities from 1 to 12 August, 2005

Progress so far Reports of the Ad Hoc Committee Documents by Session First session from 29 July to 9 August 2002 First session Second session from 16 to 27 June 2003 Second session Third session from 24 May to 4 June 2004 Third session Fourth session from 23 Aug to 3 Sept 2004 Fourth session Fifth session from 24 Jan to 4 Feb 2005 Fifth session   Documents of the Working Group

Daily Update

August 1, 2005 (Day One)

August 2, 2005 (Day Two)

August 3, 2005 (Day Three)

August 4, 2005 (Day Four)

August 5, 2005 (Day Five)

August 8, 2005 (Day Six)

August 9, 2005 (Day Seven)

August 10, 2005 (Day Eight)

August 11, 2005 (Day Nine)

August 12, 2005 (Day Ten)

Press Releases

Committee negotiating Treaty on Rights of Persons with Disabilities meets at UN headquarters, 1 - 12 August, 2005

Negotiations on Rights of people with disabilities hailed as one of the most worthy United Nations exercises at present time

Disability Convention Committee forges ahead on Articles affecting daily life of people with disabilities

 

 

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