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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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| Content: | |
1.
Forthcoming Events |
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| FORTHCOMING EVENTS | ||||||||||||
Seminar
on 'Disability and Human Rights' in London from 28 November to 3 December
2004 |
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| AWARDS | ||
| Reebok
Human Rights Award for young human rights activists The Reebok Human Rights Award recognises young activists who have made significant contributions to human rights causes through non-violent means. The Award aims to generate positive international attention for the recipients and to support their efforts. Since 1988, more than 60 recipients from over 35 countries have received the award. Honourees, who are 30 years of age or younger, receive a $50,000 grant from the Reebok Human Rights Foundation to further their work. Nominees are submitted from around the world by prominent individuals in the human rights community and by non-governmental organisations. The deadline to apply is Deadline 31 2004. |
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| REPORTS | |
| Australia | |
| Productivity
Commission report on the review of the Disability Discrimination Act
1992 Australian Human Rights and Equal Opportunity Commission has welcomed the release of the report by the Productivity Commission of its review of the Disability Discrimination Act ("the DDA"). The Productivity Commission was asked by the Federal Government to review the effectiveness of the DDA and its costs and benefits. The Disability Discrimination Act has been in operation more than 10 years. There have been many significant achievements during those 10 years which have assisted people with disabilities to participate fully in community life. However, as the Productivity Commission’s comprehensive report shows, there is still more to be done. It is timely that some aspects of the operation of the Act be reviewed to ensure it is working effectively for people with disabilities, without imposing undue burdens on business and industry. According to the Acting Disability Discrimination Commissioner Dr Sev Ozdowski, the Human Rights and Equal Opportunity Commission would be looking very closely at the report's recommendations, and urged government and industry to do the same. |
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Commonwealth
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| Handbook
for National Human Rights Institutions: Building an Effective Media
and Communication Programme The British Council and the Ghana Commission on Human Rights and Administrative Justice held a workshop in Accra from 22-24 July 2004 for representatives of 12 Commonwealth National Human Rights Institutions (NHRIs), with expert advice provided from the Asia-Pacific Forum of National Human Rights Institutions. The workshop aimed to help NHRIs develop strategies to engage and work more effectively with the media to communicate key messages on domestic human rights issues, and thus contribute to the promotion and protection of human rights. The workshop also aimed to provide a forum for the exchange of information and ideas between representatives from a range of NHRIs on their media and communication strategies. A media handbook was developed as a resource for workshop participants and their NHRIs as an instruction to some of the key issues faced by NHRIs as they seek to advance their human rights messages through the media. The Media handbook is available online free of charge. |
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| Anti
Terror Legislation in the Commonwealth: An update on CHRI's 2003 report Since the publication of the Commonwealth Human Rights Initiative’s (CHRI) 2003 report on Anti Terror legislation in the Commonwealth, there has been a phenomenal increase in the amount and scope of anti-terror legislation and a proliferation of both governmental and non governmental anti terror activities. Commonwealth states remain under pressure to conform to global conventions against terrorism, whether that be identifying and removing financial activities that fund terrorists domestically and/or by turning over suspected terrorists. Terrorism and counter terrorism strategies have also received greater prominence internationally and across the Commonwealth. This year’s CHRI report on ‘Anti Terrorism Legislation in the Commonwealth’ serves to build on last year’s information. The focus is on new developments and the impacts that these developments are having on human rights across the Commonwealth. This report is not exhaustive in nature but seeks to provide an overview. Attention is paid to Commonwealth member states that have not yet introduced anti-terrorism legislation. Though small in number, it is useful to recognise that whilst they may not have legislative measures in place, the anti terror ‘battle’ is certainly alive and well. |
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| India | |
| Guidebook
for the Media on Sexual Violence against Children The National Human Rights Commission and Prasar Bharti Corporation with support from UNICEF have jointly developed and designed a Guidebook for the Media on Sexual Violence against Children. This Guidebook aims to facilitate media intervention to protect the rights of children against sexual violence. This Guidebook is meant for professionals working in the media, including media administrators, journalists - Print/TV/Radio and Internet, documentary film-makers, software producers, advertising agencies, public interest programme producers and internet content providers. This guidebook hopes to encourage media professional to address the issue of sexual violence against children in a consistent, sensitive and effective manner, consonant with the rights and best interests of children. It is the culmination of four workshops organised by the National Human Rights Commission and Prasar Bharti, with support from UNICEF, for radio and television producers. Each workshop lasted for four days. Over 200 people have contributed to the development of this guidebook. |
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| International | |
| Trafficking
and Health This paper, published in the British Medical Journal and authored by Joanna Busza, Lecturer and Sarah Castle, Lecturer, at the Centre for Population Studies, London School of Hygiene and Tropical Medicine and Aisse Diarra, independent consultant-Mali, argues that anti-trafficking interventions actually increase the health risks and vulnerability of those who migrate voluntarily, by reducing their access to appropriate services and social care. The paper cites evidence from research conducted among child migrants in Mali who had been returned from the Ivory Coast, and Vietnamese sex workers in Cambodia. Findings showed that the majority of those surveyed had voluntarily sought employment abroad, and that intermediaries, often family members, had protected them on their journey and helped them negotiate conditions of employment. The paper acknowledges the link between trafficking in women and children and increased health risks, including psychological trauma, injuries from violence, sexually transmitted infections and HIV/AIDS. However, it argues that anti-trafficking interventions, which criminalise all migrants and intermediaries, place voluntary migrants at greater risk of harm and exploitation, by forcing them to rely on corrupt officials and use more dangerous clandestine routes. It recommends that policymakers recognise the cultural context in which migration occurs, rather than assuming that all intermediaries are exploitative traffickers. |
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| “Oh!
This one is infected!”: Women, HIV & Human Rights in the Asia-Pacific
Region -- Paper commissioned by the UN Office of the High Commissioner
for Human Rights, from International Community of Women living with
HIV/AIDS (ICW) Women are more than four times more vulnerable to HIV infection than men are, and women less than 20 years old are up to ten times more vulnerable. Coupled with their greater vulnerability to becoming infected, women are significantly more likely than men to experience AIDS-related discrimination after infection. The response to HIV and AIDS to date has failed to address adequately women’s inability to prevent themselves from becoming infected, resulting in a thriving epidemic and huge populations of HIV-positive women who live in unsafe and undignified conditions. The Asia-Pacific region is no exception. This paper sets out to explain the varied reasons why a significant majority of women in the region are disproportionately at risk of infection, documents specific examples of discriminatory attitudes and actions against HIV-positive women in the region as a result of their HIV status; and concludes with recommendations of action by and for all levels of society to counteract these human rights violations. |
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| Global
survey on education in emergencies The Global Survey on Education in Emergencies is a project of the Women’s Commission for Refugee Women and Children. It is an effort to understand how many refugee, displaced and returnee children and youth have access to education and the nature of the education they receive. The Global Survey was conducted by Mary Diaz of the Women’s Commission and Lynne Bethke and Scott Braunschweig of InterWorks under secondment to the Women’s Commission. The Global Survey was developed in collaboration with UNHCR, UNICEF, UNESCO and the Inter-agency Network for Education in Emergencies (INEE). This report presents information gathered by the Global Survey on Education in Emergencies (Global Survey). It attempts to fill a gap in information about how many refugee, displaced and returnee children and youth globally have access to education and the nature of the education they receive. The report consists of three parts. Part I explores issues related to students, teachers, curriculum, educational materials, schools and facilities and funding based on information collected during the Global Survey. Part two focuses on these same issues in more detail for 11 countries: Burma, Democratic Republic of Congo, Guinea, Kenya, Liberia, Pakistan, Sierra Leone, Sudan, Tanzania, Thailand and Uganda. Finally, part three lists the range of education programs and numbers of students, broken down by gender, in developing countries with a refugee population. |
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| The
World Organisation Against Torture (OMCT) launches its publication “Violence
Against Women: 10 Reports/Year 2003” The World Organisation Against Torture (OMCT) launches its publication "Violence Against Women: 10 Reports/Year 2003" covering the situation of women in Bangladesh, Brazil, Cameroon, Colombia, Eritrea, Estonia, Mali, Russia, Turkey, and the United Kingdom. The publication forms part of the Programme's work in the field of integrating women's human rights and a gender perspective into the activities of the United Nations human rights treaty monitoring bodies. The ten country reports in this compilation confirm that violence against women is clearly a universal problem. Although distinct social, cultural and political contexts give rise to different forms of violence, its prevalence and patterns are remarkably consistent, spanning national and socio-economic borders as well as cultural identities. Recognising the important of raising awareness about violence against women in all of its forms, the OMCT country reports compiled in this publication serve as important documentation of the widespread and pervasive nature of violence against women in the family, in the community and at the hands of State agents. |
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| Water
as a Human Right? This paper has been produced by the IUCN (International Union for Conservation of Nature and Natural Resources) Environmental Law Programme, which seeks to articulate the issues, and set out the competing arguments and challenges, about the contribution that a human right to water could make to achieving the Millennium Development Goals (MDGs). The authors define a 'right to water' as the right to access sufficient water, with the term 'access' including economic accessibility, i.e. affordability, and with the term 'sufficient' referring to both the quality and quantity of water necessary to meet basic human needs. The paper clearly distinguishes the 'right to water' from the 'right to access water'. |
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| Report
on the activities of the Asia Pacific Forum of National Human Rights
Institutions (APF) at the third session of the Ad Hoc Committee on the
Elaboration of a Convention on Disability (23 May - 4 June 2004, New
York) The APF delegation attending the third session of the United Nations General Assembly Ad Hoc Committee on the elaboration of a new convention on disability comprised Ms Anuradha Mohit, Special Rapporteur on Disability of the National Human Rights Commission of India, advised and assisted by Professor Andrew Byrnes, of the Faculty of Law, Australian National University. The participation and advocacy of the APF at the 3rd Session of the Ad Hoc Committee on Disability Convention was seen by government and civil society participants as being extremely useful. The report of the meeting contains a number of suggestions about the APF's continued participation in the drafting of the Convention. |
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| The
Role of Judges in Implementing Economic, Social and Cultural Rights
(ESCR)- A book by INTERRIGHTS Economic, Social and Cultural Rights in Practice is a fascinating exchange that will contribute to the widening debate on this pivotal area of human rights law. The book features essays written by leading experts from five major international legal systems debating the issue based on experiences within their respective countries - Canada, India, South Africa, UK and Hungary - with a view to drawing conclusions about how the judiciary can better implement ESCR. The contributions provide insights into the methods, specificity and limits of judicial enforcement. They explore the interdependence of civil and political rights and ESCR, and the permeation of the latter into interpretations of the former. The book includes a comprehensive list of relevant international decisions on ESCR. Economic, Social and Cultural Rights in Practice is available in English from INTERIGHTS at a retail price of UK£20 / US$38. Please contact Erica Ffrench at: effrench@interights.org to order your copies. |
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| New Zealand | |
| New
Zealand Census of Women ’s Participation in Governance and Professional
Life The Human Rights Commission and the New Zealand Centre for Women and Leadership have jointly presented the first New Zealand Census of Women ’s Participation in Governance and Professional Life. The Census is a public benchmarking tool which provides nation-wide data on women in leadership and decision-making positions in private and crown companies, business, law, politics and the top rungs of academic life. Unfortunately the findings reveal a chronic under-utilisation of women ’s skills and talents in governance as members of boards of top companies in the private corporate sector. Crown Companies, by comparison, have almost seven times the proportion of female directors. This is the result of successive Governments’ commitment to improve gender representation on Crown Companies. It is hoped that by quantifying the low numbers of women in boardrooms that business leaders will be encouraged to think differently about future appointments. |
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| Northern Ireland | |
| Report
on the Transfer of Women from the Mourne House Unit, Maghaberry Prison
to Hydebank Wood Young Offenders Unit by Prof. Phil Scraton and Dr Linda
Moore This report arises out of independent research carried out on behalf of the Northern Ireland Human Rights Commission into the treatment of women and girls in custody. The report outlines the relevant human rights standards on the treatment of women in prison; summarises the context of the proposed move; outlines the views of key players as expressed to the researchers and makes conclusions on the proposed transfer. International human rights principles and the Prisons Inspectorate standards state that women prisoners should preferably be held in female-only establishments. Where a mixed-gender location cannot be avoided certain safeguards must be met including complete physical separation, separate management, health, education, visiting and transport. |
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| United Kingdom | |
| UK
asylum plan for "safe havens": full-text of proposal and reactions On 28 March 2003, an informal meeting of EU Justice and Home Affairs (JHA) ministers discussed the UK's "new vision for refugees" and the proposed "external processing" of asylum-seekers and "protection in the region" (the so-called "safe havens" plans). The discussions were based on a letter and detailed proposal from Tony Blair, the UK Prime Minister, to the Greek Presidency of the Council of the European Union. You can read the full-text of the UK proposal: "New international approaches to asylum processing and protection" online. |
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| NEWS STORIES | |
| ASYLUM | |
| Educating
refugees in countries of first asylum: The case of Uganda Refugees often see the education of their children as a principal way of ensuring a better future for their family, regardless of whether that future holds a return to the home country, local integration in the country of first asylum, or resettlement to a third country. Just as importantly, education often plays a critical role in creating stability in the lives of refugee children. However, the current model of international assistance in countries of first asylum-that is, the first nation in which people find refuge outside their homeland-focuses on meeting immediate and important basic needs. In the process, long-term goals and stability can fall by the wayside. This short-term perspective persists despite the fact that many refugee situations are protracted, with refugees living in exile for more than five years with no immediate prospect of finding a durable solution. Refugees are therefore increasingly seeking alternative ways to educate their children. The case of Uganda illustrates the diverse settings in which refugees seek access to education, both within and outside of the assistance structure created by international organisations and governments. |
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| Dismantling
refugee protection in the EU: Statewatch Analysis The European Commission has developed the controversial UK plan to keep refugees outside the EU by giving so-called protection in the region and resettlement. There is no clear legal basis for the scheme. It has been set out in a form that allows officials to simply proceed without any consultation of national or European parliaments. |
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| International
Organisation for Migration (IOM) welcomes report highlighting the importance
of migration for development A cross-party UK report published by the House of Commons International Development Committee called "Migration and development: How to make migration work for poverty reduction" has been welcomed by IOM's Director General, Brunson McKinley. This report underlines that properly managed, migration can deliver major benefits in terms of migration for development. The report, which results from a 9-month inquiry, suggests that international migrants may send up to $300 billion home each year. According to Brunson McKinley, "These funds, if properly invested, could play a major role in development strategies. Much more can be done to encourage innovative approaches to make remittances work for development." IOM fully supports the Committee's finding that the challenge is to manage migration so that the benefits are maximised and the costs are minimised, with costs and benefits shared equitably between home and host societies. |
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| Reforming
the system - Asylum and Immigration Bill in the UK gets Royal Assent The UK Government’s reform of the asylum and immigration system, which builds on success in cutting the number of asylum claims by more than 60 per cent in the last 18 months, was boosted as legislation to tackle abuse in the system received Royal Assent. The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 will help tackle organised immigration crime, make the appeals system faster and more decisive to prevent failed asylum seekers from creating delays, and will ensure asylum seekers and other immigration applicantsasylum seekers do not benefit from dishonesty by destroying their documents to prevent removal. |
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| CHILD RIGHTS | |
| Not
one child should remain in detention, says Human Rights Commissioner,
Australia Human Rights Commissioner Dr Sev Ozdowski cautiously welcomed the Federal Government's move towards removing more children from immigration detention. The Human Rights and Equal Opportunity Commission recommended the release of all children who were in immigration detention when its report - A last resort? National Inquiry into Children in Immigration Detention - was tabled in Federal Parliament on May 13. The deadline for release was June 10. Dr Ozdowski said there were still children in the Port Augusta Housing Project, Villawood, Maribyrnong, Christmas Island and Nauru who face increasing risks of mental health consequences the longer they remain in detention. "The Vietnamese children on Christmas Island have been there for more than a year and the children on Nauru have been there for more than two and half years." Dr Ozdowski said that the presumption against detaining children for long periods of time needs to be enshrined in legislation. Long term detention destroys the mental health of children and robs them of their childhood. It is time that Australia's immigration laws reflected its obligations to children under the Convention on the Rights of the Child", as recommended by the National Inquiry report. |
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| CUSTODIAL JUSTICE | |
| Prison
service urged to reconsider plans to transfer women prisoner The Northern Ireland Human Rights Commission has urged the Prison Service to abandon its plans to transfer women prisoners from Mourne House in Maghaberry Prison to Hydebank Wood Young Offenders Centre. The Commission recommends that the Prison Service reconsiders its decision and convenes a meeting of all interested parties to determine the long-term future of custody for women in Northern Ireland. Following its 2002 visit to Maghaberry, the Prison Inspectorate, in a highly critical report, made many recommendations concerning women and girls in custody in Northern Ireland. The Human Rights Commission’s more recent research has found that, far from implementing the Inspectorate’s recommendations, the regime at Mourne House has been allowed to deteriorate still further, with all efforts channelled into the planned transfer. |
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| JUVENILE JUSTICE | |
| Northern
Ireland Human Rights Commission granted leave in case against the Secretary
of State The Northern Ireland Human Rights Commission was granted leave to take judicial review proceedings against the Secretary of State, challenging the decision of the Northern Ireland Office (NIO) to refuse the Commission access to Rathgael Juvenile Justice Centre. In March 2002 the Commission published research entitled In Our Care, reviewing the conditions under which children and young people are detained in the criminal justice system in Northern Ireland. The report contained some 170 recommendations aimed at transforming the care of children in custody. Since last year, the Commission has attempted to secure permission to visit Rathgael to carry out research on how those recommendations have been implemented. The NIO has refused the Commission access, claiming it has no right of access under its powers and that other, more appropriate bodies have the responsibility to inspect Rathgael. |
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| NATIONAL/INTERNATIONAL HUMAN RIGHTS | |
| Update
on Pacific Islands Human Rights Consultation Suva, Fiji Islands, 1-3
June 2004 Pacific Island human rights ‘issues and prospects’ were discussed at an Asia Pacific Forum consultation hosted by the Fiji Human Rights Commission in Suva. The consultation identified national and regional human rights issues, examined how the Pacific human rights agenda is responding to regional and global political, economic and social developments and identified how regional and international agencies should respond to these challenges. The aim of the consultation was to strengthen working relations among civil society in the Pacific and provide participants with an improved understanding of the work of the United Nations, the Commonwealth Secretariat and Asia Pacific Forum. It is expected that the consultation will lead to a sustained dialogue between the participants and the regional and international agencies. |
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| Northern
Ireland Human Rights Commission granted leave in case against the Secretary
of State The Northern Ireland Human Rights Commission was granted leave to take judicial review proceedings against the Secretary of State, challenging the decision of the Northern Ireland Office (NIO) to refuse the Commission access to Rathgael Juvenile Justice Centre. In March 2002 the Commission published research entitled In Our Care, reviewing the conditions under which children and young people are detained in the criminal justice system in Northern Ireland. The report contained some 170 recommendations aimed at transforming the care of children in custody. Since last year, the Commission has attempted to secure permission to visit Rathgael to carry out research on how those recommendations have been implemented. The NIO has refused the Commission access, claiming it has no right of access under its powers and that other, more appropriate bodies have the responsibility to inspect Rathgael. |
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| New
UN Human Rights Chief puts most vulnerable people as top priority The new United Nations High Commissioner for Human Rights, Louise Arbour, who took up her position at the beginning of July 2004, put protecting the rights of the most vulnerable people at the top of her list of priorities as she publicly outlined her work programme for the first time. The High Commissioner told a press conference in Geneva that her Office would come to the aid of the very poor, the imprisoned, the disenfranchised, the targets of intolerance and hatred through the solid legal and institutional framework of human rights protection and promotion that the UN has built up during 60 years of work. |
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| UK
boost for Human Rights The UK's commitment to human rights was given a further boost when Lord Falconer announced the outcomes of a major Government review of human rights treaties. One important change resulting from the review is that, for the first time, the UK will accept an individual petition mechanism under one of the core UN human rights treaties - the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This means that people in the UK will be able to take complaints about discrimination against women directly to the UN body that monitors the treaty. |
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| UN
development report calls for cultural freedom to become a basic human
right Countries should treat cultural freedoms as basic human rights that are essential to life in modern, diverse societies, the United Nations Development Programme (UNDP) says in its annual flagship report. The authors of the Human Development Report 2004 argue that countries which do not respect and even promote cultural freedoms not only lose out socially, but also struggle to reap any sustainable benefits from economic globalisation. The Report calls for nations with multi-ethnic or religious populations to establish "asymmetric" federalist structures to allow different groups to maintain both their own identity and a sense of belonging to the nation as a whole. Citing Belgium, Malaysia, South Africa and Canada as working examples, it says granting some rights and powers to different groups or regions can defuse or avert conflicts and tensions. The focus of this year's Report - which has examined and measured human development by broad social, political and economic criteria since 1990 - is the value of population diversity after several decades of large-scale international migration. Access Human Development Report 2004 |
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| Soli
Sorabjee to chair UN human rights panel Soli Sorabjee, former Attorney General of India, was unanimously elected as the chairperson of the 56th Session of the United Nations Sub-Commission on the Promotion and Protection of Human Rights in Geneva on July 26. The United Nations Sub-Commission on the Promotion and Protection of Human Rights is the main subsidiary body of the commission on human rights. The main functions of the Sub-Committee are to undertake studies on human rights issues, to make recommendations to the commission concerning the prevention of discrimination of any kind relating to human rights and the protection of racial, national, religious and linguistic minorities, indigenous people and other valuable groups. |
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| MIGRANT LABOUR RIGHTS | |
| UK
passes gangmaster law A Bill designed to protect agricultural workers from exploitation by gangmasters in the UK has become law. The Gangmasters Licensing Act was passed on 8 July, and establishes such measures as a licensing authority for registering licensed gangmasters; new offences, such as making using an unlicensed gangmaster illegal, and provides a maximum sentence of 10 years in prison for offenders. The issue of gangmasters came to national and international prominence in February, when 21 Chinese migrant workers were drowned in Morecambe Bay, Lancashire while picking cockles, also bringing to light the problem of forced labour in the United Kingdom. Sixteen survivors told police how gangmasters -- people who supply labour quickly and on a temporary basis -- forced them to work in all weather conditions and had failed to give them proper equipment or training. The gangmasters took most of their wages for accommodation, food and transportation, leaving them only £1 per day for over nine hours of work The law is an important step forward. However, it is crucial that the Government takes steps to protect all migrants' human rights, as they are particularly at risk of exploitation and trafficking. |
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| MEDIA | |
| Radio
Zohra - Kunduz, Afghanistan This independent women's community radio station in Kunduz, Afghanistan was officially inaugurated on International Women's Day (March 8) 2004. Radio Zohra's programming focuses on women's affairs, health, education, children, parenting, leadership, and community issues. In light of the upcoming national election in 2004, the station will also educate women about the political and electoral process and the significance of women's participation as voters and decision-makers. The purpose of Radio Zohra is "to give women a greater voice and to link and educate women around Afghanistan". |
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| WOMEN'S RIGHTS | |
| Status
of Indian women's rights The 1980s saw the nation's women's movement making rapid strides. There was progress on rape and domestic violence laws and women's groups could take credit for bringing about much of the legal reform that happened during that period. And yet, the protection offered by our legal system for victims of rape and violence has not notably improved. Furthermore, the Gujarat riots of 2002 witnessed a massive outbreak of women's abuse with the state administration looking the other way. |
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| Special
Rapporteur of the Commission on Human Rights on violence against women,
its causes and consequences 'Special Rapporteur on Violence against Women' webpage created by the Office of High Commissioner for Human Rights (OHCHR) includes information on key issues, countries visited by the Special Rapporteur, international standards documentation, and various resources related to violence against women and its causes and consequences. |
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| Copyright © 2004
British Council. Disclaimer: Views expressed in e-newsletter are not necessarily those of the British Council |
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