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Commonwealth Human Rights
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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.
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1.
Forthcoming Events |
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| FORTHCOMING EVENTS | |
| APF
8th Annual Meeting of the Asia Pacific Forum of National Human Rights
Institutions in Kathmandu, Nepal, 16-18 February 2004 The 8th Annual Meeting, hosted by the National Human Rights Commission of Nepal, will focus on the rule of law and anti-terrorism measures 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 the Rule of Law in Countering Terrorism. The Advisory Council will present its recommendations to the annual meeting on the final day. |
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| AWARDS | |
| Human
rights activist receives congressional award Renowned civil rights and human rights activist Doctor Dorothy Height, chair of the National Council of Negro Women (NCNW) received the Congressional Gold Medal earlier this month from the US House of Representatives, in recognition of her lifelong commitment helping the African-American community. Congresswoman Diane Watson (D-CA) introduced the legislation honouring Dr. Height in the House. |
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| Sir
Shridath Ramphal awarded India peace prize Former Commonwealth Secretary-General, Sir Shridath Ramphal, has been awarded the 2002 Indira Gandhi Prize for Peace, Disarmament and Development. The prestigious prize, regarded as the Indian “Nobel”, was instituted in 1985 and, over the years, it has been awarded to persons who have done outstanding work for international peace, disarmament and development. |
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| 2003
Human Rights medal & awards winners roll The winners of the Human Rights Medal and Awards were announced to celebrate International Human Rights Day in Sydney. The independent panels of judges were encouraged by the energy, drive and commitment to human rights that was shown by all the entries in the Human Rights Medal and Law, Community, Arts non-fiction, Print Media, Television and Radio categories. A diverse range of individuals and organisations entered the awards this year which covered issues such as: refugees and asylum seekers, the rights of Indigenous people, trafficking of women, people with disabilities and equal opportunity for various ethnic community groups. Refugee and asylum seeker advocate Marion Lê won the prestigious Human Rights Medal for her consistent and effective work in promoting human rights over the last three decades. |
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| The
Amnesty International Global Award for Human Rights Journalism: Call
for nominations Amnesty International invites entries for the Global Award for Human Rights Journalism 2004. This award recognises excellence in human rights journalism in the written media anywhere in the world. It is made for an article that has raised awareness and understanding of human rights issues, whether at a local, national or international level, within the areas covered by Amnesty International’s vision and mission. Eligibility: Entries must have been originally published between 1 March 2003 and 28 February 2004. All entries must take the form of a single written article, whether published in a newspaper, journal, magazine or other print media, or on the internet. The closing date for nominations is 1 March 2004.Write to Neena Jacob at neena.jacob@in.britishcouncil.org to get more information. |
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| REPORTS | |
| Africa | |
| The
'Inquiry into Human Rights violations in Farming Communities' Report
In recent years reports of farmers brutality towards their workers, shocking employment and living conditions on farms, child labour and the ongoing murders of farmers have dominated newspapers and radio, giving a clear message that all is not well in the farming and agricultural sector. Some of the reports were confirmed during the SAHRC’s visits to farms during Human Rights Week in 2001. In addition, numerous complaints were received from people living and working in farming communities, including farmers. The inquiry consisted of three phases: research; public education awareness; and participation by in-dividuals at public hearings, both provincially and nationally. It considered and investigated land rights and tenancy, labour, safety and security and economic and social rights. The inquiry sought to determine the extent of human rights violations in farming communities, publicise conditions on farms, raise awareness, improve the living conditions of farming communities and improve respect for human rights in farming communities. The Final Report is set out in three parts: Part A reflecting the National Hearings; Part B reflecting the Provincial Hearings; and Part C stating the Findings and Recommendations. |
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| Recommendations
and Resolutions of the African Commission on Human and People's Rights
1988-2002 This publication contains recommendations and resolutions of the African Commission on Human and Peoples’ Rights (ACHPR) since its establishment in 1987 on very important issues adjudged to be pertinent to its operations as the implementation body of the African Charter on Human and Peoples’ Rights. The decision to publish and publicise these recommendations and resolutions is in line with the Commission’s commitment to openness and continuing desire to minimise or remove confidentiality, with regard to the work and proceedings of the Commission. |
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| Universal
Rights, Local Remedies: Implementing Human Rights in the Legal Systems
of Africa Africa’s rich diversity can be daunting to activists, policy makers, academics and all others interested in it. The continent is, therefore, mostly thought about and portrayed in national, sub-regional, post-colonial or linguistic pigeonholes, which inhibit any coherent understanding of the creative responses to the all too human experiences of its peoples. Universal Rights, Local Remedies is a pioneering attempt to introduce activists, advocates, policy makers, judges, administrators and other users of the legal process around Africa, to a general theoretical and strategic framework for understanding, applying and implementing international human rights norms in the diverse legal systems of Africa. At once speculative, pragmatic, and constructive, this book describes and analyses the accomplishments, constraints and limitations of human rights law in Africa as well as its transformative capacities. |
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| Australia | |
| Report--
Mining Ombudsman: annual report 2003 - Australia The paper argues that self-regulation of mining companies has proved an ineffective guarantee to communities negatively affected by mining operations. It calls for an independent, formal complaints mechanism for the Australian mining industry. In the absence of such a mechanism, the case studies presented in this annual report act as an opportunity for people to communicate their grievances to high-level company decision-makers in order to resolve conflicts and increase the accountability of companies to local communities. |
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Commonwealth |
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| Report--
Open Sesame: Looking for the Right to information in the Commonwealth The Commonwealth has a deficit of both democracy and development. In Abuja in 2003, the Commonwealth Heads of Government were-not for the first time- were searching for ways to deal with these problems. Open government is the answer; and entrenching people's right to access information is the most practical way of achieving this. CHRI's report, "Open Sesame: Looking for the Right to Information in the Commonwealth", advocates the immediate adoption and fulsome implementation, by every member state, of liberal access to information laws developed by people and governments working in close co-operation. The report also urges the institutions of the Official Commonwealth to set an example and put in place progressive disclosure and information sharing policies. |
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| Commonwealth
Human Rights Law Digest (Vol 1, Issues 1 And 2) The Commonwealth Human Rights Law Digest is a periodical compendium of the latest human rights case law across 50 common law jurisdictions across the Commonwealth. It gives access to clear and easily digestible summaries of decisions, many of which are unreported elsewhere. In addition to summaries of the cases highlighted, each issue of the series also contains editorial commentary and explanatory notes. The Digest focuses exclusively on common law human rights jurisprudence beyond the United Kingdom and is a valuable resource for all human rights lawyers and non-governmental organisations. |
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| Report--
Progress towards gender equality Since 1999, 24 Commonwealth countries have recorded an increase in women’s representation in parliament. St Vincent and the Grenadines and Guyana recorded the largest increases, from 4.6 per cent to 22.7 per cent and from 3.3 per cent to 20 per cent respectively. Sierra Leone recorded an increase from 8 to 15 per cent of women in parliament in the first post-conflict elections in May 2002. However, 15 countries also recorded a reduction in the percentage of women in parliament. These figures are highlighted in ‘Building on Achievements’, the report of the Commonwealth Secretary-General on the implementation of the 1995 Commonwealth Plan of Action on Gender and Development and its Update (2000-2005). The report was presented to Commonwealth Heads of Government when they met in Abuja, Nigeria, from 5 to 8 December 2003. |
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| Report--
Gender Equality and the Millennium Development Goals This recent report by the World Bank gives a general overview on the linkage between the gender equality and the MDGs on Poverty, Education, Health and Nutrition, and Environment. The report also elaborates that working for gender equality offers a compelling, win-win approach for policy makers and planners towards attaining and implementing the MDGs. |
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| India | |
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INTERIGHTS contributes to major Report on proposed Indian criminal justice
reforms A major report by Amnesty International, commenting on recommendations for reforming India’s criminal justice system, was launched on 19 September 2003. The report, critically assessing the government-appointed Malimath Committee’s proposals published in April, drew significantly on comparative research prepared by INTERIGHTS and the pro-bono team at Allen & Overy. In so doing, Amnesty was able to demonstrate that many of the Malimath Committee’s recommendations were not only out of step with international human rights standards but procedures adopted in other jurisdictions. Proposals included lengthening periods of police remand, making confession evidence admissible, ending the right to silence and reversing the presumption of innocence by allowing the prosecution to lead bad character evidence. Amnesty concluded that if only some of these proposals were adopted they could lead to a serious weakening of safeguards both during the pre-trial and trial stages. In addition, the Committee’s recommendations sought to reduce the safeguards for women facing crimes of domestic violence. |
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| Report--
A crime against humanity - An inquiry into the carnage in Gujarat, India Read the damning report by the Concerned Citizens Tribunal - Gujarat 2002, headed by retired Supreme Court judges Justice VR Krishna Iyer and Justice PB Sawant, and retired Mumbai High Court judge, Justice H Suresh. |
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| Report--
National Conference in Delhi on Human Rights and HIV/AIDS in November
2000 The conference was conducted by the National Human Rights Commission (NHRC) in partnership with the National AIDS Control Organisation (NACO), Lawyers Collective, United Nations Children’s Fund (UNICEF) and Joint United Nations Programme on HIV/AIDS (UNAIDS) from 24 to 25 November 2000. The idea of the Conference was to start the process of developing a rights-based response to the HIV/AIDS epidemic within the country. |
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| Book--
'Legislating an Epidemic'-India The Lawyers Collective HIV/AIDS Unit has undertaken the task of drafting a law on HIV/AIDS. A part of this drafting process was preparing background papers on certain core issues after comprehensive research on approaches in India and internationally. The abstracts of these papers are available online. The background papers on the Draft Legislation on HIV/AIDS are now ready and have been published in a form of a book titled Legislating an Epidemic which contains nineteen chapters on the core issues related to HIV/AIDS. The first edition of the book is available by order. You can place an order by EMAIL at aidslaw@vsnl.com or aidslaw1@del2.vsnl.net.in |
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| Book--
Handbook for Prison visitors This handbook has been prepared by the Commonwealth Human Rights Initiative [CHRI], New Delhi for use by prison visitors, officials, trainees within the system, NGOs and concerned members of the public. The information it contains was gathered from studies done in Madhya Pradesh, India and refined through seminar feedback, as well as additional extensive research. It brings together, in one source, information relating to norms and good practices surrounding the duties and role of prison visitors in improving prison conditions. In addition, it should be seen as a resource for both officials and the public who want to participate in prison reforms. |
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| Book--
A handbook for sensitising teachers and teacher educators:Discrimination
based on sex, caste, religion and disability-addressing through educational
interventions The United Nations had approached the National Human Rights Commission (NHRC) for undertaking certain activities in connection with the World Conference on Racism, Xenophobia and related intolerance, held at Durban, South Africa from 31st August to 7th September, 2001.In this connection, apart from organising some seminars and consultations, the Commission also undertook to prepare a Teachers' Handbook to held the teachers to inculcate in their wards the ideas and the need for non-discrimination on the basis of sex, caste, religion, disability and other grounds in the Indian context, and also briefly explain racism. Please send your request for obtaining a copy of this publication to Neena Jacob at neena.jacob@in.britishcouncil.org or fax: +91-11-2371 0717 |
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| Malaysia | |
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Accessibility To Basic Needs: A report of SUHAKAM's seminar on economic,
social and cultural rights The Human Rights Commission of Malaysia (SUHAKAM) made public its report on the “Accessibility to Basic Needs” that calls on the Government to improve the level of accessibility to basic needs by vulnerable groups in several areas. The report calls for improvement in accessibility to the basic necessities of life such as the right to work, food, clothing, housing and healthcare. These rights form part of basic economic, social and cultural rights. While the report commends the encouraging level of accessibility to basic needs in Malaysia in general and the public healthcare system in particular, it also points out the need to identify the components of each human rights pertaining to basic needs. This is necessary as a means to ensure a systematic and full realisation of these rights and to increase the level of accessibility to basic needs by vulnerable groups such as the urban and rural poor, single mothers, the elderly, people suffering from mental illness and indigenous people. |
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| Northern Ireland | |
| Criminal
Justice System Northern Ireland : Publication Of Purpose And Aims The Government has announced republication of the Purpose and Aims of the Criminal Justice System Northern Ireland (CJSNI). Following the talks at Hillsborough in the spring it was agreed that these would be republished in an updated form by the end of December 2003. The Purpose and Aims were first published in 2001, and the document has been refreshed to reflect the significant work carried out in the last two years by all the criminal justice organisations in working towards those aims, and towards implementation of the Criminal Justice Review." The full document is available online. |
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| NEWS STORIES | |
| ACCESS TO JUSTICE | |
| Judicial
accountability and the cases of Irene Fernandez (Malaysia) and Michael
Anthony Fernando (Sri Lanka) The former United Nations Special Rapporteur on the independence of judges and lawyers, Dato' Param Cumaraswamy, expressed serious concerns over judicial integrity in Asia during a speech delivered in Colombo, Sri Lanka, on October 17. In his speech, Mr. Cumaraswamy spelt out the principles of judicial accountability and the need to deal with complaints against the judiciary in order to maintain public confidence in the law. Two recent cases in Asia speak to his concerns: those of Irene Fernandez in Malaysia and Michael Anthony Fernando in Sri Lanka. |
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| ARMED CONFLICT | |
| New
internet portal on women in armed conflict, peace building An Internet portal offering comprehensive information on the dangers and responsibilities facing women and girls during armed conflicts and women's roles in peace building has been unveiled by the United Nations Development Fund for Women (UNIFEM). |
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| EDUCATION | |
| Bringing
them home Education Module launched The Human Rights and Equal Opportunity Commission has launched a new Human Rights Education resource for use in Australian schools. The Bringing them home Education Module provides students and teachers with a range of resources based on Bringing them home the report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. The Bringing them home Education module has been designed using cutting edge internet technologies including Flash and is available online. |
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| HEALTH | |
| NHRC's
intervention secures proper treatment for AIDS patient New Delhi, 5
December 2003 Due to intervention of the National Human Rights Commission, an AIDS patient has received proper medical treatment at a Government hospital in Delhi. The 48-year-old unemployed HIV positive patient had complained to the Commission on 18 September 2003 that he had been denied proper treatment both by Government and non-government hospitals in Delhi. He had also alleged that since he had been diagnosed with stones in his kidneys he had approached a Government hospital for dialysis but was refused. He then underwent dialysis at a private hospital in Delhi after incurring huge expenditure but no surgery was performed for removal of the Kidney stones. He then got himself admitted to another Government hospital for treatment. The Commission pursued the case with the concerned hospitals and requested that proper medical treatment be given to the patient concerned. The patient is now being given proper medical treatment. |
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| NATIONAL/INTERNATIONAL HUMAN RIGHTS | |
| UN
Decade for Human Rights Education (1995-2004) The World Conference on Human Rights in the Vienna Declaration and Programme of Action (1993) stated that human rights education, training and public information were essential for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding, tolerance and peace. The Conference recommended that States should strive to eradicate illiteracy and should direct education towards the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms. It called on all States and institutions to include human rights, humanitarian law, democracy and rule of law as subjects in the curricula of all learning institutions in formal and non-formal settings. Following up to a suggestion of the World Conference, the United Nations General Assembly, in its resolution 49/184 of 23 December 1994, proclaimed the 10-year period beginning on 1 January 1995 the United Nations Decade for Human Rights Education, and welcomed the Plan of Action for the Decade contained in the report of the Secretary-General. |
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| Maldives
sets up the Human Rights Commission The President of Maldives established the “Human Rights Commission of the Maldives”, with a mandate of protecting and promoting human rights in the country, in accordance with the Constitution and the relevant International Conventions to which the Maldives is party. Mr. Ahmed Mujthaba, who has had a long and distinguished career in the Government, was appointed Chairperson of the Commission. 8 members were also appointed to the Commission from different sectors of the society, and will serve in their individual capacities. The Human Rights Commission of the Maldives is at present established by a Presidential Decree and that the Commission would function in accordance with the Paris Principles, as adopted by the UN General Assembly, which sets out recommendations for the role, functions, and nature of human rights institutions. |
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| African
Commission appoints focal point on Human Rights defenders At the end of its 34th Ordinary Session in Banjul, The Gambia, held from 6-20 November 2003, the African Commission on Human and Peoples' Rights appointed Commissioner Jainaba Johm as focal point on Human Rights Defenders in Africa. The establishment of a focal point on Human Rights Defenders is an important first step to begin the full realisation of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms (UN Declaration on Human Rights Defenders) in Africa through the African Commission. |
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| Equality
Institutions Review: A Commission for Equality and Human Rights in the
UK The Equality Institutions Review is the most significant review of equality in over a quarter of a century. It is looking at long-term options for the priorities and role of equality institutions in Great Britain. The project has stimulated a lively debate both on the principles that underpin our equality institutions and the future options open to us. In the light of the consultation the government has concluded that a single body represents the best option for realising its vision of a fairer, more inclusive and prosperous Britain. A single equality body provides an effective and flexible framework for supporting our equality legislation as well as underlining the importance of equality as a mainstream concern. The Government recognises the crucial contribution to the diversity agenda already made by the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission and the need for a single body to build on and protect the programmes they have put in place. The working title of the body will be the Commission for Equality and Human Rights. It will promote an inclusive agenda, underlining the importance of equality for all in society as well as working to combat discrimination affecting specific groups. |
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| The
1st Abuja Commonwealth Human Rights Forum Declaration On December 3-4 December 2003 in Abuja, Nigeria, non-governmental organisations and National Human Rights Institutions from around the Commonwealth held discussions on human rights in the Commonwealth at the 1st Commonwealth Human Rights Forum. The Commonwealth Human Rights Forum recalled that the Commonwealth is as much an association of peoples as it is of states: for the Commonwealth to be seen to be relevant to the needs of its more than 1.7 billion people it must take the lead in eradicating prejudice, ignorance, disease and poverty. The Commonwealth Human Rights Forum affirmed that the business of the Commonwealth is the realisation of all human rights for all people. This is our common wealth. During the 2 day meeting, discussions were held on human rights issues central to CHOGM 2003’s theme areas of democracy and development. |
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| World
Bank arm may add human rights to its criteria The International Finance Corporation is considering including human rights in its sustainable development safeguards, a move that could have implications for private sector banks that finance projects in developing countries. |
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| The
Legal Resource Centre Addressing the most pressing human rights challenges, the Legal Resource Centre includes materials on the issues of terrorism and human rights; the administration of justice; the independence of judges and lawyers; economic, social and cultural rights; disappearances; gender; impunity; reparations; military tribunals and torture. It offers a comprehensive database of trial observations and fact finding missions, legal documents, press releases and interventions. The database can be searched in three languages (English, French and Spanish), by keyword and according to topic, country or nature of the document. |
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| WOMEN'S RIGHTS | |
| Afghan
women win victories in new constitution Women Loya Jirga delegates and women's rights and human rights advocates won several important concessions in the new Afghan constitution adopted on January 4 following a three-week constitutional assembly in Kabul. The new constitution contains explicit recognition of equal rights for women and men, which was lacking in the draft proposed before the Loya Jirga. The constitution guarantees that "any kind of discrimination and privilege between the citizens of Afghanistan are prohibited. The citizens of Afghanistan - whether man or woman - have equal rights and duties before the law." |
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British Council. Disclaimer: Views expressed in e-newsletter are not necessarily those of the British Council |
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