Commonwealth Human Rights
e-Newsletter: January 2005
Commonwealth National Human Rights Commission (CNHRC) Project
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: End of Year Message from Commonwealth Secretary-General Don McKinnon at http://www.britishcouncil.org.in/NHRIs Content:
1. Forthcoming Events
2. Awards
3. Reports and Publications
4. News Stories
FORTHCOMING EVENTS African Dreams: Turning the dreams into reality for Right to Health - An International Essay Competition
Italian Association Amici di Raoul Follereau (AIFO)/Italy and People's Health Movement Africa invite articles in English, French, Portuguese and Italian from activists, non-governmental organisations and grass-roots organisations based in Africa related to experiences of innovative approaches linked to promotion of any aspect of better health for different community groups. Articles selected by an international jury will be part of a book to be released and distributed at Second People's Health Assembly (PHA-II) in Ecuador in 2005 and will also be made available on AIFO website. Three best articles will receive a cash prize of 500 Euros each. Last date for sending entries is 15 January 2005.Workshop for Chief Executives of National Human Rights Institutions in the Commonwealth Belfast , Northern Ireland : 30 January to 3 February 2005
This workshop, to be run jointly by the British Council and the Northern Ireland Human Rights Commission, will look at some of the issues facing Chief Executives and Senior Managers of Human Rights Commissions and National Human Rights Institutions. These issues will include independence and accountability; relationships and the roles of the chief executives; legal strategy and strategic enforcement; political engagement and effective lobbying; communication strategies from public education to lobbying; budgeting. For more information, please contact Mary Redshaw at mary.redshaw@britishcouncil.org49th Session of the Commission on the Status of Women from February 28 - March 11, 2005 in New York
The 49th Session of The Commission on the Status of Women will be held from February 28 to March 11, 2005. In the context of this Session, the United Nations Division for the Advancement of Women has prepared a Review and Appraisal of the Beijing Declaration and Platform for Action and the Outcome Document of the 23rd Special Session of the General Assembly entitled "Women 2000: Gender Equality, Development and Peace for the Twenty-First Century". The Commission will be focusing on the current challenges and forward-looking strategies for the advancement and empowerment of women and girls. The United Nations Secretariat is preparing the Secretary-General's Report for submission to the 49th Session of the Commission, based on different sources of information and statistics.Women, Human Rights & Peace building in an Era of Globalisation from 02 May 2005 to 10 June 2005
The Centre for Women's Studies in Education at the Ontario Institute for Studies in Education of the University of Toronto has announced its annual Summer Institute: “Women, Human Rights and Peace building in an Era of Globalization”. The Institute will consist of two three-week sessions which may be taken alone or together. Both women's human rights and peace building will be addressed within the frame of globalization and feminist alternatives. The deadline to apply is February 1, 2005. Fee details can be obtained from the website.Call for applications for the 26th annual International Human Rights Training Program (IHRTP) from 12 June to 1 July, 2005 in Québec , Canada
The Canadian Human Rights Foundation (CHRF) will be holding its 26th International Human Rights Training Program (IHRTP) in Ste-Anne-de-Bellevue , Quebec , Canada , from June 12 to July 1, 2005. This annual, intensive three-week program brings together over 100 participants from approximately 60 countries. The goal of the IHRTP is to strengthen the capacity of human rights organizations to undertake educational efforts aimed at building a global culture of human rights. The participation fee is CAN $4,445. This includes tuition, accommodation and meals, program materials, and emergency medical insurance. Please note that the deadline for applications is January 26, 2005. Candidates must complete an Application Form, which can be obtained either by contacting the IHRTP Team at ihrtp@chrf.ca or by visiting the CHRF website.
AWARDS Human Rights Awards Winners 2004
Gareth Peirce and Louise Christian – lawyers acting for detainees interned in Belmarsh prison and Guantanamo Bay - were honoured for their ‘outstanding contribution in defending the rule of law'. Lawyer of the Year was named as the Birmingham-based anti-war solicitor, Phil Shiner, who represents Iraqi civilians tortured and killed by British forces. The Awards are the joint venture of Liberty , JUSTICE and the Law Society. They aim to honour the commitment and dedication shown by human rights campaigners in the UK.
REPORTS & PUBLICATIONS Australia Discussion Paper: Discrimination in employment on the basis of criminal record
The Human Rights and Equal Opportunity Commission is conducting research into discrimination in employment on the basis of criminal record. Australians who have a criminal record often face significant barriers to full participation in the Australian community. Trying to find a job is one of the areas of greatest difficulty for former offenders. The Commission has received a significant number of complaints in recent years from people with a criminal record who believe that they have experienced discrimination in employment because of this record. The Commission's goal is to help develop practical solutions to the real problems faced by employers and employees in this sometimes confusing area of human rights law.India Action Research on trafficking in Women and Children
This research is a collaborative venture of NHRC and UNIFEM and was carried out by the Institute of Social Sciences , New Delhi . The objective of this research was to study the trends and dimensions of trafficking in order to identify the vulnerability factors and issues so that it would facilitate the response systems in developing and implementing holistic policies and programmes to combat trafficking. One of the most important constraints in developing sustainable and comprehensive strategies to combat trafficking has been the lack of validated data and information. The primary data was collected by interviewing 4006 persons falling under seven categories, spread over 13 states/UTs. The study illustrated a strong linkage between trafficking and migration. This report on trafficking in women and children in India is relevant for the government, all human rights agencies, civil society, the media, social activists and policy planners.Human Rights Commissions: A Citizen's Handbook
This handbook, prepared by the Commonwealth Human Rights Initiative [CHRI] is designed to inform citizens about the existence human rights commissions; the type of complaints they take up; the procedure they follow; and the remedies they can provide. The information contained in this handbook also seeks to enable citizens to effectively make use of the Human Rights Commissions in the event of their own human rights or the rights of their loved ones being violated. Equally the handbook is intended to be a guide to NGOs and civil society activists, informing them about the role and functions of Human Rights Commissions, so that they in turn can assist the public, especially those who belong to vulnerable sections of society in getting their complaints filed before the Commissions.International Refugee Protection in International Law
Millions of people are today forced to ?ee their homes as a result of con?ict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines key challenges the Convention faces, including the scope of the principle of nonrefoulement and the proper application of the elements of the refugee definition. The Office of the United Nations High Commissioner for Refugees (UNHCR) commissioned papers on these issues from some of the world's pre-eminent international refugee experts, and these were discussed at a series of expert roundtable meetings during 2001 as part of UNHCR's Global Consultations on International Protection.Policing and Human Rights: Eliminating Discrimination, Xenophobia, Intolerance and the Abuse of Power from Police Work
Racial discrimination, xenophobia, intolerance and the abuse of power plague police organisations in many parts of the world. In recent years, allegations of racism and racial discrimination have led to public enquiries into many police agencies. Moreover, research suggests that supervisors are often unwilling to challenge racist banter and inappropriate language. This paper from UNRISD (United Nations Research Institute for Social Development) examines the issues of racism, xenophobia, discrimination, intolerance and the abuse of power in policing. It uses a critical analysis of theoretical and empirical research on selected police forces in England , South Africa , Australia and the United States . This paper sets out a human rights framework based on existing national and international legal instruments relating to anti-discrimination policy and the regulation of policing. This paper reviews the research on the control of abusive policing through structural and cultural change; explores innovations in personnel management and training; and recommends the introduction of robust mechanisms to achieve democratic accountability.International migration may empower women by providing new roles: "World Survey on the Role of Women in Development"
As international migration has more than doubled in the past four decades, women migrants can find an empowering experience in improving their social roles, even though they also face many risks, including gender violence and trafficking, a report to the United Nations General Assembly from Secretary-General Kofi Annan says. "Gender inequality can be a powerful factor in precipitating migration when women have economic, political and social expectation that opportunities at home do not meet," says the report, "World Survey on the Role of Women in Development." The report, which updates previous surveys, responds to Assembly requests in 1999 and 2003. It notes, however, "the dearth of data" on women and migration. Women, HIV/AIDS and human rights by Amnesty International
Women are fighting sickness and discrimination in the battle against HIV/AIDS. Across the world, their risk of HIV infection is increased because of gender-based discrimination. They frequently lack information on and access to HIV prevention measures and to health care as well as to support and medication after infection. They are denied property and inheritance rights, employment and access to finance – denials which make them dependent on men – and are frequently excluded from participation in policy-making and implementation, including on issues which primarily affect them. However women are increasingly campaigning effectively for their rights. Grassroots activism by women, including in particular women living with HIV/AIDS, has grown for years with some striking successes – and in the face of a multitude of impediments. The HIV pandemic is increasingly viewed as a strongly gendered health, development and human rights issue. It is a preventable disease yet some 40 million people live with the virus and the proportion of women affected is increasing. This paper offers a human rights analysis of the gender-specific factors which put women at risk of contracting HIV/AIDS and of the consequences of contracting HIV/AIDS which women face. The report underlines in its conclusion the need for government action in a rights-based approach to the gender-related aspects of HIV/AIDS prevention, treatment and support.Nigeria Nigeria : Are human rights in the pipeline?
Based on interviews of representatives of oil companies, community activists, farmers, scientists, police officers, academics, and members of NGO's, this report produced by Amnesty International assesses the human rights situation in Nigeria and in the Niger Delta in particular. This report highlights how human rights of individuals and communities have been abused and violated as a result of practices of transnational corporations (TNCs) and inaction and action by the Federal Government.South Africa Violence, vengeance and gender: a preliminary investigation into the links between violence against women and HIV/AIDS in South Africa
This report from the Centre for the Study of Violence and Reconciliation (CSVR) details recent research into the activities of civil society bodies and government departments focusing on the links between violence against women (VAW) and HIV/AIDS in South Africa. The report finds that many institutions and organisations are contributing towards women's vulnerability by failing to take into account the personal and social factors that put women at greater risk of HIV infection. Most government and NGO responses to HIV/AIDS and VAW have been shaped and driven by concerns about rape, excluding other forms of violence against women, and work on the two issues has not been sufficiently integrated. In addition, the circumstances of women in abusive relationships have yet to feature on the policy, programme and legislation agenda.United Kingdom United Kingdom - Briefing for the Committee against Torture
Amnesty International submitted this briefing to the Committee against Torture in view of the Committee's examination, on 17 and 18 November 2004, of the United Kingdom's (UK) fourth periodic report on the measures taken to implement the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture). On 26 November 2004, following its examination of the UK 's report, the Committee against Torture issued its Conclusions and recommendations. This briefing focuses on some of the serious human rights violations that have taken place in the context of the UK authorities' response to the 11 September 2001 attacks in the USA . Amnesty International considers that the UK authorities are violating the fundamental prohibition against torture and other cruel, inhuman or degrading treatment or punishment. Such prohibition is the basis on which the obligations of the UK under the Convention against Torture are premised.
NEWS STORIES CUSTODIAL DEATH
Custody death rate 'shocks' UK MPs
Deaths in custody have reached "shocking" levels, a committee of MPs and peers has warned. The joint committee on human rights found those committing suicide were mainly the most vulnerable, with mental health, drugs or alcohol problems. Members urged the government to set up a task force to tackle deaths in prisons, police cells, detention centres and special hospitals. There was one prison suicide every four days between 1999 and 2003, MPs said. The report, which followed a year-long inquiry by the committee, found the high death rate "amounts to a serious failure to protect the right to life of a highly vulnerable group".HEALTH National Public Hearing on Right to Health Care – National Human Rights Commission, India
The National Human Rights Commission held a two-day National Public hearing on 'Right to Health Care' in New Delhi from 16 and 17 December 2004 in partnership with the Jan Swasthya Abhiyan. Over two hundred experts participated in the two-day Public Hearing. They included senior officials from the Ministry of Health and Family Welfare, Department of Women & Child Development, Indian Council of Medical Research, National Institute of Health and Family Welfare and the Health Secretaries of all States and Union Territories . During the National Hearing, the civil society representatives presented structural deficiencies noted in the various regional public hearings, followed by delineation of state-wise systemic and policy issues related to denial of health care. Special presentations were made on issues such as women's right to healthcare, children's right to healthcare, mental health rights, right to essential drugs, health rights in the context of the private medical sector, health rights in situations of conflict and displacement, health rights in the context of the HIV/AIDS and occupational and environmental human rights. National Human Rights Commission made recommendations for a National Action Plan to operationalise the Right to Health Care Within the broader framework of the Right to Health.HUMAN RIGHTS EDUCATION
General Assembly proclaims world programme for Human Rights Education
As part of the global commemoration of International Human Rights Day, the General Assembly on the morning of 10 December 2004, marked the conclusion of the United Nations Decade for Human Rights Education (1995-2004) by unanimously proclaiming a World Programme for Human Rights Education, the first three years of which would focus on primary and secondary education by integrating human rights issues into curricula. Adopting a resolution, which stressed the belief that human rights education was essential to the realisation of all human rights and fundamental freedoms and contributed significantly to promoting equality and preventing conflict and encouraging democracy, the Assembly set 1 January as the start date for the first phase of the World Programme, which would run through 2007.MIGRANT LABOUR RIGHTS Northern Ireland Human Rights Commission calls for more protection for Migrant workers
The Northern Ireland Human Rights Commission has called on the UK Government to provide more protection for migrant workers. On the occasion of the International Day of Solidarity with Migrants (18 December), the Commission recommended that the Government ratifies the Migrant Workers International Convention, the only major United Nations human rights treaty that the UK has not signed. It also calls on the Northern Ireland Office to ensure that its proposed Race Equality Strategy recognises the rights of all migrant workers. In a recent report from the Institute of Conflict Research approximately 22% of overseas workers in Northern Ireland reported they had experienced harassment or discrimination at work. According to the Human Rights Commission, many migrant workers are vulnerable to human rights abuses including restrictions on their freedom of movement, arbitrary detention, discrimination, harassment and physical or sexual violence. The Migrant Workers Convention protects all migrant workers and members of their families regardless of whether they are registered with authorities or undocumented. NATIONAL/INTERNATIONAL HUMAN RIGHTS Northern Ireland Human Rights Commission welcomes extra powers
The Northern Ireland Human Rights Commission has welcomed the statement by the Northern Ireland Office on 18 December 2004 that extra powers will be provided to the Commission in order to carry out its investigations work. Secretary of State, Paul Murphy MP announced that the Government had decided in principle that the Commission should be granted the right of access to places of detention and the power to compel evidence and witnesses in conducting its investigations.PRISON REFORMS
Prisoner compensation legislation raises human rights concerns
The Prisoners and Victims Claims Bill has the potential to discriminate and may breach New Zealand 's international human rights commitments, the Human Rights Commission said. The Bill restricts prisoners' access to monetary compensation for mistreatment and gives prisoners' victims the ability to claim on any compensation received. Under New Zealand 's international human rights commitments, in particular, the International Covenant on Civil and Political Rights, the State is responsible for ensuring that inmates are treated with humanity and dignity and that an effective remedy is available when violations of these rights occur. Chief Commissioner Rosslyn Noonan said that the focus should not be on denying or restricting compensation but on preventing mistreatment occurring.
A seminar on 'Jail Reforms in Pakistan
This seminar was held on jail reforms in Pakistan . The main thrust of the seminar was to discuss jail reforms in Pakistan in the light of views and insights of concerned officials, parliamentarians and civil society representatives. The proposed jail reforms put forward earlier by the Law & Justice Commission of Pakistan also came under discussion. Furthermore, keeping into consideration the present needs, recommendations vis a vis jail reforms were also advanced. The seminar aimed at contemplating a comprehensive strategy on jail reforms by seeking inputs from various experts and benefiting from earlier proposed jail reforms by government agencies concerned.RIGHTS OF THE DISABLED Major Formal Investigation to test inequalities in health care for disabled people in the UK
Disabled people's access to GPs, essential health screening services and healthier lifestyle initiatives is to come under the scrutiny of the Disability Rights Commission's (DRC's) powers of Formal Investigation. The DRC's investigation, which will run for 18 months, will gather evidence on whether primary health services are addressing the significant health inequalities experienced by people with learning disabilities and people with mental health problems; it will also make recommendations to Government on the most effective means of closing the gap in health outcomes. Particular areas of interest are GP services, essential screening and health improvement.Disability Discrimination Bill welcomed but DRC , UK urges action on housing shortage
A Disability Bill, including much needed changes to the definition of disability and extending new rights to disabled people using transport, was welcomed by the Disability Rights Commission (DRC). But, in welcoming the Bill, the DRC's Chairman Bert Massie voiced concern that the crisis faced by disabled people needing adaptations to their housing would continue unless urgent measures were included in the new legislation. The DRC estimates that some 18,000 disabled people are living in unsuitable accommodation because of landlords' refusal to agree to vital adaptations that would ensure that disabled people can live independent lives. The DRC is seeking an amendment to the Bill that would ensure that consent to make adaptations could not be unreasonably refused.RIGHTS OF THE INDIGENOUS PEOPLE UN Decade ends without agreement on draft Declaration
The UN's Decade of Indigenous People has come to an end without a UN declaration on indigenous peoples' rights being finalised. Agreement on the declaration – the Decade's key aim – was blocked by several governments, especially the UK , the USA , New Zealand and Australia . The UK government, in particular, has been accused by many indigenous representatives of acting in concert with the US by preventing the concept of collective rights being enshrined in the Declaration. At the latest round of talks in Geneva this month, the UK and the USA continued to stall the Declaration's progress.SECURITY Successful test-run of the Commission's strategy for holding government accountable to citizens on issues of insecurity
In March 2004, the Kenya National Commission on Human Rights hosted a successful forum in Maringo, Nairobi, attended by senior government officers involved in provision of policing services. The Officer Commanding Police Division (OCPD) and the District Officer attended. More than 200 local residents and representatives of community-based organisations attended. In May 2004, a similar forum was held at the Kamujunji grounds and attended by the Police Commissioner. This was the first forum in which security officers were ‘listening' to the people. The government officers came out of that meeting powerfully aware of the depth of the resident's dissatisfaction on policing, the residents proposals on how policing can be improved and also specific allegations against specific police officers for human rights violations. Local CBO's are working with the Commission to follow up on the resolutions of this forum. The success of this forum has validated the need for others on the same or different human rights subjects.TERRORISM Pro-human rights audit of Suppression of Terrorism Bill
The Kenya National Commission on Human Rights, working with the Kenya Law Reform Commission, has facilitated a process to collate, clause by clause, and the diverse critique against the Suppression of Terrorism Bill. A number of working sessions with stakeholders focusing on terrorism, including Government agencies and civil society have been held culminating in a workshop at which the Bill was subjected to a clause-by-clause analysis. The views of the stakeholders have been synthesized into a new look proposed Prevention of Terrorism Bill, which the Commission will be presenting to the Government.Law Lords rule indefinite detention breaches Human Rights
The ruling by Britain 's highest court, the Law Lords, that the indefinite detention of foreign terrorism suspects is incompatible with the Human Rights Act and the European Convention on Human Rights (ECHR) is a profoundly significant decision, Human Rights Watch said. The appeal concerned government powers under section 23 of the Anti-Terrorism Crime and Security Act 2001 (ATCSA) to detain indefinitely without trial foreign nationals suspected of involvement in international terrorism. The U.K. parliament approved the law in the wake of the September 11 attacks. In October 2002, the Court of Appeal ruled that indefinite detention was compatible with the U.K. 's human rights obligations. Indefinite detention is not allowed under human rights law. In an effort to comply with its human rights obligations, the government suspended (“derogated from”) part of its obligations under article 5 of the ECHR (the right to liberty).TRAFFICKING UN Special Rapporteur on trafficking considers mandate
At a meeting of the United Nations General Assembly on 29 October, Sigma Huda, the UN Special Rapporteur on trafficking in persons, especially women and children, stressed that the human rights of trafficked persons should be at the centre of all efforts to combat trafficking and that her framework for action had been shaped by the UN High Commissioner's Recommended Principles and Guidelines on Human Rights and Human Trafficking. She said that she would seek to broaden the debate on trafficking from a human rights perspective, examining its forced labour and slavery-like aspects and locating it in the larger context of migration and development. Her activities, reports and recommendations will be aimed at providing advice on human rights policy and action related to human trafficking. She will pay particular attention to identifying special measures to prevent trafficking of children and protecting children affected by trafficking. She is also concerned that trafficked people are often being treated as offenders under current international mechanisms and believes that victims of trafficking should not be treated as illegal migrants without access to legal aid and counselling. The Special Rapporteur on trafficking is mandated to make recommendations on ways to uphold the rights of trafficked persons and can respond to reports on possible human rights violations with a view to protecting the actual or potential victims of trafficking.U.S. Labour Dept. awards $18.65 Million to fight human trafficking
The U.S. Department of Labour has awarded $18.65 million in grants to combat human trafficking around the world. The amount includes $3.75 million to implement anti-trafficking projects in Brazil, Cambodia, Moldova and Sierra Leone, and $14.9 million to fight child-labour trafficking in Africa, Latin America, the Caribbean, Asia and the Pacific. The grants will fund projects that provide employment services to adults who have been trafficked into forced labour and to women at risk of being trafficked. Grant funds will be used to work with national and local governments to improve law enforcement, map trafficking routes and implement public awareness campaigns.WOMEN'S RIGHTS Review and appraisal of Beijing Declaration
In the Political Declaration adopted in by the United Nations General Assembly at its twenty-third special session in June 2000, Member States agreed to "assess regularly further implementation of the Beijing Platform for Action with a view to bringing together all parties involved in 2005 to assess progress and consider new initiatives, as appropriate, ten years after the adoption of the Beijing Platform for Action". A review and appraisal of the implementation of the Beijing Declaration and Platform for Action adopted at the Fourth World Conference on Women (Beijing, 1995), and the outcome of the twenty-third special session of the General Assembly (2000), is mandated in the multi-year programme of work of the Commission on the Status of Women for its forty-ninth session in March 2005.
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