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

| About the project | Links |Publications |Workshops |Archive |

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: World Refugee Day 2005 message from UN High Commissioner for Refugees António Guterres
Content:

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

FORTHCOMING EVENTS

Workshop on International Crimes Bill from 14 - 16 July, 2005 in Kenya A workshop is being conducted on ‘International Crimes Bill 2005' from 14 - 16 July 2005 at Nyali Beach Hotel in Mombasa by the Kenya National Commission on Human Rights (KNCHR), with support from Governance, Justice, Law and Order Sector (GJLOS) Reform Programme.

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.

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 -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: mailto: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

The Canadian Journalists for Free Expression (CJFE) is now accepting nominations for its 2005 International Press Freedom Awards The competition recognises media outlets and journalists who put themselves at risk to cover issues related to human rights. Organisations and individuals are invited to nominate someone who demonstrates a commitment to human rights. Judges are looking for someone who has overcome enormous odds to cover the news and who has not won another major press freedom award. Self-nominations are not accepted. Winners will receive CAD3,000 (about US$2,400) and a framed plaque at an awards this November in Toronto . Submissions must reach CJFE by July 31, 2005. For further information or to submit a nomination, please contact Julie Payne at CJFE, 489 College Street, Suite 403, Toronto, Ontario M6G 1A5 Canada, tel: +1 416 515 9622, fax: +1 416 515 7879, e-mail: jpayne@cjfe.org

Call for Entries: HURIGHTS OSAKA Award 2005 for International Human Rights Education Materials Last year, the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) launched the "HURIGHTS OSAKA Award 2004 for International Human Rights Education Materials" to celebrate its 10th year of establishment. In response to its call for applications, 159 entries were received from 82 individuals and organizations, and out of the wide variety of materials received, 4 were selected and presented with the Award. The Asia-Pacific Human Rights Information Center is now calling for entries for "HURIGHTS OSAKA Award 2005" from Japan and the Asia-Pacific region. It is looking for creative materials and programs for teaching and learning international human rights. The deadline for submission is August 1, 2005. Three outstanding works will be selected for the Award, which comes with the prize money of 200,000 Japanese Yen. The selection will take place in late September 2005, and the Award will be presented at a ceremony in Japan (Osaka).

Winners Announced: How to End Human Trafficking The Changemakers community voted for the best solutions to human trafficking from a slate of 12 finalists selected by a panel of judges. Changemakers had hosted this competition from 15 March to 15 June, 2005 in partnership with the Polaris Project and Vital Voices Global Partnership . The top vote-getter is the Anti-Slavery Project (ASP) at Community Law Centre, University of Technology, ASP focuses primarily on policy reform regarding visa status for people who've been enslaved and trafficked. ASP is advocating for policy changes that would allow visas to extend to any trafficked person who has assisted law enforcement to the best of his or her ability. Second place goes to STOP (Stop Trafficking of Children and Women). STOP, based in New Delhi , India , is one of the few trafficking programs in the world to target an end-to-end solution, which it calls a “curative” approach. The third winner is the Population Media Center (PMC). Based in the United States, PMC produces engaging, entertaining radio soap operas to educate communities. Also see Digest of the Best Ideas and Practices for Ending Human Trafficking. This digest presents the best ideas and practices from the 69 competition entries from 22 countries, and from the online discussion posts, that were submitted during the three-month competition.

Amnesty International Media Awards 2005 shortlists announced Amnesty International announced the shortlists for its prestigious media awards on 5 July, 2005, recognising excellence in human rights reporting. The winners will be announced at an awards ceremony at Banqueting House, London, on Wednesday 21 September, 2005. This award recognises a journalist from anywhere in the world who is putting themselves at risk by reporting on the human rights situation in their own country.

 

REPORTS & PUBLICATIONS

Africa

Monitoring budgets for child rights The Bill of Rights in South Africa's constitution gives special consideration to child rights such as basic nutrition and education, health care and social services. Is it possible to ensure that these rights are realised? The Institute for Democracy in South Africa, a non-governmental organisation (NGO) has evaluated government programmes and budgets to see if child rights are being met. There is no explicit system in South Africa for linking budget planning and implementation of the rights of children. Having complete information about the government's obligations is the first step, as lack of clarity weakens attempts to hold the government accountable. Over the last ten years government funding for children's programmes has improved in certain areas but many children continue to be vulnerable to the effects of poverty, extensive parental unemployment, neglect and abuse, HIV/AIDS and disability.

Bringing Equality Home: Promoting and Protecting the Inheritance Rights of Women In this report, the Geneva-based Centre on Housing Rights and Evictions' (COHRE) Women and Housing Rights Programme (WHRP) documents the fact that under both statutory and customary law, the overwhelming majority of women in sub-Saharan Africa - regardless of their marital status - cannot own or inherit land, housing and other property in their own right. Instead, in respect of access to land and housing, women are made entirely dependant on their relationship to a male. The paper reviews the legislation and administrative policies in relation to land, housing and inheritance rights in ten sub-Saharan African countries: Ghana , Nigeria , Senegal , Ethiopia , Rwanda , Botswana , South Africa, Swaziland , Zambia and Zimbabwe . This review includes national constitutions, administration of estates acts, marriage and marital property acts, inheritance and succession laws, and land laws and policies. As far as is possible, it also provides an overview of customary law and traditions related to inheritance. The study highlights realities of women's experience of the denial of inheritance rights using personal testimony and information from secondary sources. Using international human rights as the standard of measurement, the report examines the laws and situations within each country and makes specific recommendations to the various country governments. The paper concludes that issues of women's inheritance extend far beyond the crucial challenge of establishing the necessary legal frameworks that would allow women to own and inherit property.

Coming to terms with sexual harassment in Ghana Produced by the Institute of Statistical , Social and Economic Research (ISSER), University of Ghana , t he study on sexual harassment in Ghana is basically exploratory. It attempts to identify the parameters for a multi-faceted framework for understanding sexual harassment. A lot of attention is devoted to identifying society-wide triggers and forms of such behaviour as expressed by young and older men and women in the big urban centres of Accra, Takoradi and Tamale. The findings are expected to generate more interest in studying sexual politics generally, and to give greater insight into the definition of, and attitudes to sexual harassment in Ghana . This should be of value to policy makers, development practitioners and gender activists as they grapple with the implementation of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979), and the Fourth World Conference on Women - Platform for Action (Beijing, 1995), to both of which Ghana is a signatory. Understanding sexual harassment also brings Ghana a step closer to the full implementation of the anti-discrimination provisions of the 1992 Constitution as enshrined in Article 17, and the enforcement of the Criminal Code (1960, Act 29) Amendment Act, 1998.

Australia

The impact of indefinite detention - the case to change Australia's mandatory detention regime Australia's asylum policy is having an appalling human cost with children being kept behind razor wire for many months and people whose asylum applications have been dismissed but who cannot be returned to their countries of origin being detained indefinitely, according to a new report published by Amnesty International. This report complements Amnesty International's 1998 report, A Continuing Shame, which condemned Australia 's mandatory detention policy and called upon the Australian Government to bring its policy into line with its international human rights obligations. The new report reiterates the challenge to the Australian Government to review its detention policy, in particular its prolonged or indefinite character, now that the High Court has found indefinite detention to be permissible under the Migration Act. Amnesty International calls on the Australian Parliament, as a matter of urgency, to make comprehensive amendments to the policy and legislation to ensure that no person is detained in violation of their human rights.

India

Manual on 'Human Rights, Disability and Law' Dr. Justice A.S. Anand, Chairperson, National Human Rights Commission (NHRC), India, launched a Manual on 'Human Rights, Disability and Law' during a national conference on Disability and Human Rights that was organised by the National Human Rights Commission in collaboration with Indira Gandhi National Open University (IGNOU) and the Canadian Human Rights Commission (CHRC) in New Delhi on 23 June 2005. This manual explores a variety of general and disability specific instruments, such as core international human rights treaties and soft law instruments - declarations, proclamations and rules - in order to establish their relevance for persons with disabilities. The Constitution of India and relevant statutes have also been analysed. An effort has been made to document examples of positive jurisprudence, disability specific as well as general, to encourage their wide utilisation by legal practitioners and activists. This manual can serve as reference material for universities and law schools to design curricula for undergraduate and graduate study programmes on Disability Law, and to incorporate a disability perspective into courses on the Constitutional, Family, Criminal, Information Technology and Labour Laws. It will prove to be an effective advocacy tool for organizations of disabled persons and NGOs working in the area of disability and human rights. It is also intended to be a practical guide for legal practitioners and general administrators. The "Disability Manual" is available in print, Braille and accessible CD format.

International

Does child labour always undermine education? Children are often forced to work due to chronic poverty. Globally, work is the main occupation of almost 20 percent of all children aged under 15. This is considered a major obstacle to achieving the Millennium Development Goal (MDG) of universal primary education by 2015. Research from the University of Oxford in the UK suggests that child labour is often essential to household survival. Children who do household work release adults from domestic responsibilities to earn a wage; those employed outside the home contribute to family income. Children's roles are often flexible and they can usually find work although their parents may remain unemployed.

Campaigning for Freedom of Expression: A Handbook for Advocates Produced by The International Freedom of Expression Exchange (IFEX), this 136-page handbook seeks to equip human rights activists around the world with essential tools to campaign more effectively for freedom of expression and press freedom. The handbook includes a toolbox of tips, best practice case studies and resources for campaigning. The handbook offers a variety of campaign tools, including investigative missions, coalition-building, legal advocacy and Internet-based actions, such as blogging, e-mail protest letters and SMS text messaging. It also gives activists important tools for conduction campaign strategies and doing power analyses of their local situations.

WHO Resource Book on Mental Health, Human Rights and Legislation As part of an ongoing effort to encourage legal protection for the more than 450 million people in the world with mental, neurological or behavioural disorders, World Health Organisation (WHO) announced the publication of a book to guide countries and advocates in creating effective human rights laws for their benefit. The WHO Resource Book on Mental Health, Human Rights and Legislation includes input from hundreds of experts throughout the world, including leaders in the fields of psychiatry, psychology, law, and human rights, as well as representatives from mental health service users, family groups and non-governmental organizations (NGOs). The Book examines international human rights standards and shows how they apply to people with mental disorders. It addresses the rationale and methods for drafting, adopting and implementation of laws and linking them to mental health policy. The book also includes a 'step-by-step' checklist for reviewing existing legislation and developing new laws. Mental health issues will be WHO's focus on Human Rights Day, which falls on 10 December 2005.

How to reduce maternal deaths: Rights and Responsibilities This briefing note from the UK Department for International Development (DFID), intended both for DFID advisers and programme managers working on maternal health, provides guidance on how to put a human rights-based approach into practice. It begins by making the case for a rights perspective, arguing that the achievement of Millennium Development Goal (MDG) 5 on maternal mortality will require political, social, legal and economic actions as well as scaling up technical strategies. Guidance is provided on applying a human rights-based approach to strengthening health systems and gaining policy and political support for maternal health. Case studies from Honduras , Ghana , Nepal and Romania provide examples of possible approaches. These include generating political commitment for safe motherhood, targeting excluded populations, using decentralisation to improve local safe motherhood practices, and using aid instruments to link poverty reduction strategies with human rights processes. The note stresses the need to increase both women's knowledge of their rights and their access to health care.

World Refugee Survey 2005—Inventory of Refugee Rights On June 15, 2005 U.S. Committee for Refugees and Immigrants released the 44th edition of the World Refugee Survey. This year's Survey goes in depth on the issue of refugee warehousing—the deprivation of basic rights to millions of refugees worldwide. For the first time, the Survey evaluates and ranks how host countries honour refugee rights, applying the standards set forth in the 1951 Refugee Convention. The 126-page, full-colour document offers comprehensive statistical tables of refugees and internally displaced persons in every major host country, as well as several feature articles.

Making Schools a Safe Horizon for Girls: A Training Manual on Preventing Sexual Violence against Girls in Schools Published by ActionAid International Kenya and The CRADLE - The Children's Foundation., this training manual on preventing sexual violence against girls in schools is further intended to strengthen the efforts made in fighting all forms of sexual violation within schools. The manual will be vital in building the capacity of the teachers to handle cases of sexual violation through professionally identifying, counselling, and reporting cases without violating the privacy of the child. The manual will be a useful guide for teachers, education officials, inspectors and even parents in handling cases of sexual violation. It is hoped that it will go along way in addressing a sensitive but critical area that impacts negatively on the education of the girl child.

HIV-related Stigma, Discrimination and Human Rights Violations: Case studies of successful programmes This UNAIDS publication examines HIV-related stigma, discrimination and human rights violation through programme case studies. The document provides examples of three approaches: stigma-reduction approaches, which tend to be part of community-based or community-focused HIV and AIDS prevention and care programmes; specific antidiscrimination measures, which focus on initiatives in institutional settings; and redress mechanisms, which use legal means to challenge discrimination against people living with HIV and AIDS (PLWHA) as well as promoting their human rights. The authors highlight that these approaches are often used in combination and that broad-based strategies are central to success in combating stigma and discrimination. The case studies demonstrate a number of opportunities to reduce stigma and promote the human rights of PLWHA.

UNICEF publishes "Child Labour Resource Guide" to help businesses eliminate Child Labour Awareness continues to build in the business community about the global issue of child labour. UNICEF UK 's Child Labour Resource Guide has been designed to help businesses establish an appropriate response when they suspect or find that children might be working for them or their suppliers. It will also help businesses entering new markets or product areas within which there may be a risk of child labour being present. The Guide is a freely available, web-based resource.

Torture - Background Paper The APF Secretariat (Asia Pacific Forum) has prepared a Background Paper on Torture for the forthcoming meeting of the Advisory Council of Jurists, to be held in Ulaanbaatar , Mongolia , 24-26 August 2005. The Background Paper on Torture sets out the international law, standards and principles that relate to the specific issues raised in the Terms of Reference on torture. The paper also includes information about APF member-state laws relating to torture, comparing and contrasting state laws with international laws and standards. The paper includes information from a diverse range of international and local non-governmental organisations. The Background Paper will be used by members of the Advisory Council in preparation for their meeting in August 2005. In addition to forming the basis for the Jurists' discussions, the paper will also serve as a valuable resource for discussions on Day Three of the 10th Annual Meeting (26 August 2005) which will focus on the role of national human rights institutions in the prevention of torture.

Honour: Crimes, Paradigms and Violence Against Women This publication is produced by the INTERIGHTS/CIMEL 'Honour Crimes' project, and being published by Zed Press. Edited by Lynn Welchman and Sara Hossain, this volume brings together the practical insights and experiences of individuals and organisations working in diverse regions and contexts to combat 'crimes of honour'. Authors examine strategies of response to such manifestations of violence against women, focussing largely on 'honour killings' and interference with the right to marry, and the related use and legal treatment of the defence of 'honour' and 'provocation' in different countries of Europe, the Middle East, Latin America and South Asia. Commonalities and differences are drawn out in thematic analyses that include the international human rights framework. This book is highlights activist and practice-orientated academic perspectives from both the North and the South. The volume gives voice to the struggle to locate 'crimes of honour' firmly within the international framework of violence against women; rather than positioning these abuses as specific to particular cultures or communities, it examines from a primarily legal focus how local strategies are developed and implemented, including how paradigms of 'honour' are interrogated.

Pakistan

Analysis of the Pakistan National Commission for Human Rights Bill, 2005 by Commonwealth Human Rights Initiative (CHRI) The Commonwealth Human Rights Initiative ( CHRI ) welcomes the Bill to set up the National Commission for Human Rights in Pakistan . CHRI believes that the establishment of the Commission under the Bill, which fulfils many of the requirements mentioned in the Paris Principles, will greatly enhance the protection and promotion of human rights in Pakistan . After studying various aspects of the Bill, CHRI has drawn up a set of recommendations based on best practice encapsulated in the governing Acts of Human Rights Commissions across countries of the Commonwealth. Care has been taken not to interfere with the basic structure of the Bill. Therefore, the recommendations by their very nature do not seek to fundamentally alter the character of the Bill but suggest additions and point to omissions which taken together will contribute to sharpening the focus of the Bill towards its objectives. CHRI calls upon the Government of the Islamic Republic of Pakistan to factor in these recommendations when presenting the Bill before Parliament. Read the National Commission for Human Rights Bill, 2005

United Kingdom

Seeking asylum is not a crime: detention of people who have sought asylum –Amnesty International reports on UK The majority of the 17 million refugees, asylum-seekers and others of concern to the United Nations High Commissioner for Refugees (UNHCR), cross an international border to flee to a neighbouring country to reach safety. Some risk hazardous journeys to reach the UK , a country to which they may already have a link through the Commonwealth, language, relatives or a community living there. In this report, Amnesty International (AI) examines the increased use of detention both at the beginning and at the end of the asylum process. The purpose of this report is to shed light on the hidden plight of a vulnerable group of people in the UK : those who have sought asylum at some stage and who are detained solely under Immigration Act power. The report examines whether the UK meets its obligations with respect to the right to liberty and the right of people to be treated with dignity and humanity under international refugee and human rights law and standards. The report also looks at the cases of those people who were detained once their claim had been dismissed and were considered to be at the end of the asylum process. It also examines the ability of detainees to challenge their detention, an area where Amnesty International concludes that the UK policy and practice leads to further injustice. The report also looks at the human cost of the increased use of detention in the UK . - Read UK 's New Immigration, Asylum and Nationality Bill

'Forced to Flee' : Northern Ireland asylum guide delivers facts not myths A new information guide on refugee issues in Northern Ireland , which aims to deliver the facts - not the myths - about asylum, was launched in Belfast . The booklet, 'Forced to Flee: frequently asked questions about refugees and asylum seekers in Northern Ireland ', is published by the Refugee Action Group – a coalition of locally-based organisations and individuals working on asylum and refugee issues. Patrick Corrigan, Northern Ireland programme director of Amnesty International, which helped produce the new guide, said: “This booklet should help make Northern Ireland a safer refuge for asylum seekers. It will enable politicians, journalists and the general public to have an accurate picture and an informed debate about the reality of asylum and how we can provide a better welcome than we do now."

European Commission against Racism and Intolerance's (ECRI) third report on the United Kingdom adopted on 17 December 2004 and made public on 14 June, 2005 In this report, ECRI recommends that the authorities of the United Kingdom take further action in a number of areas. These areas include the need to ratify Protocol No. 12 to the European Convention on Human Rights, which lays down a general prohibition of discrimination, and the need to adopt a consolidated equality act that would eliminate current discrepancies in the levels of protection of individuals against discrimination. ECRI recommends that the authorities take the lead in promoting a debate on asylum issues that is balanced and that reflects the human rights dimension of these issues. It also recommends that the authorities of the United Kingdom review their legislation against terrorism in order to eliminate discrimination in its provisions and in its implementation and that they assess the impact of legislation and policies against terrorism on race relations.

 

NEWS STORIES

ASYLUM

New UN High Commissioner for Refugees Mr. António Guterres joined the UN High Commissioner for Refugees on 15 June, 2005, succeeding Mr. Ruud Lubbers of the Netherlands . A former Portuguese prime minister, Mr. Guterres was elected by the UN General Assembly to a five-year term and is the UN refugee agency's 10th High Commissioner. As High Commissioner, he heads one of the world's principal humanitarian agencies, with more than 6,000 staff in over 115 countries providing protection and assistance to some 17 million refugees and others of concern. The UN refugee agency's total budget for 2005 is more than $1 billion. Before joining UNHCR, Mr. Guterres spent more than 20 years in government and public service. He served as the Portuguese prime minister from 1996 to 2002, during which he spearheaded the international effort to stop the atrocities in East Timor. As president of the European Council in early 2000, he co-chaired the first EU-Africa summit and led to the adoption of the so-called Lisbon Agenda. He also founded the Portuguese Refugee Council in 1991, and was part of the Council of State of Portugal from 1991 to 2002.

Refugees 'victims not terrorists' - UNHCR Chief New United Nations refugee agency head Antonio Guterres has said refugees are victims of terror not terrorists. Marking World Refugee Day on 20 June, 2005 with a visit to camps in northern Uganda , Mr Guterres appealed for a new approach to refugees and asylum-seekers. He said rich nations were confusing the issue with the problems of illegal immigration and terrorism. He said Uganda , which hosts some 250,000 people was an example to rich nations of extraordinary generosity. Refugees from Sudan and Democratic Republic of Congo have been given land and integrated into communities; something which Mr Guterres said was difficult to find anywhere else in the world. The UNHCR provides assistance to more than 19m people who are displaced worldwide.

HREOC's deadline on child detainees passes The Australian Federal Government has ignored a deadline set by the Human Rights and Equal Opportunity Commission (HREOC) for all children to be freed from immigration detention. One year ago, the HREOC released a detailed report into numerous and repeated breaches of the human rights of children in Australian detention centres. It set a deadline of June 10 for all children to be released, although its recommendation was not binding on the Government. The HREOC has expressed disappointment its deadline still has not been met. Commissioner Dr Sev Ozdowski says the Government policy contravenes the United Nations Convention on the Rights of the Child. "We are releasing them quite often with damaged health into the community," he said. "It's time to have a look at the policy of mandatory detention of children again, it's time to release the children, allow them to wait in the community for the final decisions or for the time they can depart Australia."

Australia softens detention rules Australia 's government has softened its controversial mandatory detention of immigrants who arrive without visas. The biggest change is that families with children will no longer be held in detention centres. The move follows recent media coverage of a three-year-old who had spent her entire life in detention and had mental health problems. Amnesty International Australia welcomed the changes, but stressed that there were still areas of concern. The Australian government is also currently scrutinising 201 cases of possible wrongful detention under its immigration policy.

Immigration detention changes a step in the right direction in Australia Federal Human Rights Commissioner Dr Sev Ozdowski has welcomed the proposed changes to the Migration Act of Australia in regard to immigration detention, but has warned that more changes need to be made. "Now that I have had a chance to examine the details of the proposed changes, I am pleased that they represent a welcome adjustment to the immigration detention regime, the first such change since its introduction in 1992," said Dr Ozdowski. While Dr Ozdowski acknowledged that oversight by the Commonwealth Ombudsman and chairing of the interdepartmental committee by the Secretary of the Department of Prime Minister and Cabinet charged with the introduction of these changes, could provide a welcome measure of transparency and accountability, it was still a long way from the recommendation in 'A last resort?' which suggested that ‘bail-style' review by a magistrate should be the determinant of community release for children and their families.

Detention places human rights in peril in UK, warns refugee charity Increasing use of detention centres threatens to criminalise asylum seekers and undermine the UK 's commitment to human rights, a leading refugee agency has warned. Refugee Action is deeply concerned by the Government's announcement that the site of a planned 750-bed accommodation centre near Bicester, Oxfordshire, may be used instead to build a new detention centre. The news comes just days after the Council of Europe's Human Rights Commissioner, Alvaro Gil-Robles, warned that too much use was being made of detention in asylum cases and that the increased reliance on detention “placed human rights in peril.” Refugee Action recently opened an office in Bicester to work in partnership with the local community.

The RAM Report: campaigning for fair and accurate coverage of refugees and asylum seekers Minority groups in the UK and Europe will benefit from the story of the Refugees, Asylum-seekers & the Media (RAM) Project , published on 6 June by the media ethics charity MediaWise, UK . Launched in response to growing concern about the way refugee and asylum issues were being covered in the UK and European media, the RAM Project set out to offer advice to complainants and assist refugee groups in their media relations in 1999. The RAM Report, edited by journalists Rich Cookson & Mike Jempson, explains every aspect of the ground-breaking work conducted by the RAM Project since 1999. It is designed to assist minority groups develop strategies that will improve media coverage of their issues.

G8 Summit: Detention of Asylum-Seekers a "Shame" Some 3,000 people marched on what they said is "the shame of Scotland ," the Dungavel detention centre for asylum-seekers. The protesters want the centre shut down -- and to send a message to the G8 leaders gathering on 6 July at the Gleneagles golf resort. The Dungavel House Immigration Removal Centre is the only detention centre in Scotland for holding failed asylum-seekers as they wait for deportation or hearings on their right to stay in Britain . "It is known as 'the shame of Scotland ' because of Scotland 's tradition of solidarity.” Campaigners, activists and migrants gathered at Dungavel the day before the July 6 - 8 summit of group of eight most powerful industrialised nations to express solidarity with the asylum-seekers and to protest against the restrictive migration policies of the G8 (United States, Canada, Britain, France, Germany, Italy, Japan and Russia). There are some 130 detention centres for the irregular migrants and asylum-seekers within the borders of the European Union, the French campaign Migreurop reports.

Human Rights Commission of Malaysia (Suhakam) on need to establish mechanism to identify Asylum seekers There is now a need for Malaysia to establish a mechanism, like the National Security Council which responded during the 1970s and 1980s to the arrival of the "boat people" from Vietnam , to identify bona fide refugees or asylum seekers. This was the conclusion of a meeting between officials of the Home, Internal Security and Foreign ministries and the Human Rights Commission of Malaysia (Suhakam) late last year, Suhakam says in its 2004 annual report. "Their (the meeting) perspectives on and responses to the issue of illegal immigrants seeking refugee or asylum status in Malaysia were a clear indication of the absence of a common definition of an asylum seeker and the appropriate treatment to be accorded to such a person, as opposed to the standard response meted out to an illegal immigrant," the report says. Once the "asylum seeker" definition is agreed upon, there is a need for the government to provide adequate training to enforcement personnel to handle and process such persons.

CHILD RIGHTS

Children demand separate ministry for themselves in India A group of slum children presented a charter to government representatives demanding full implementation of the law against child labour and formation of a separate ministry for children. The charter demanded that "children be given back their childhood, and not be made to work". It also demanded that anyone up to the age of 18 should be considered a child, and that the government form a separate ministry for children. The Child Labour (Prohibition and Regulation) Act, 1986, lays down that children below 14 years are prohibited from working in "hazardous industries". India , however, has an estimated 17-18 million child labourers, many of them bonded labourers, who are denied the basic rights to food, education, health and sanitation.

CRIMINAL JUSTICE

A new Conciliation Model by Canadian Human Rights Commission Along with preventive mediation and pre-investigation mediation, conciliation is one of the alternative dispute resolution services offered by the Canadian Human Rights Commission. The Commission has developed a new conciliation model that will provide more options for dealing with complaints. The new model will also increase the information available to parties to encourage settlement, and to Commissioners to make decisions. The new conciliation model has two separate streams—conciliation with concurrent referral to the Canadian Human Rights Tribunal, and conciliation without referral. In the first stream, introduced last year, the parties have up to 60 days to try to settle. If they fail, the case goes directly to the Tribunal. In the second stream, introduced this spring, the complaint is first given to an assessor to prepare a report on the strengths and weaknesses of the case. This report is disclosed to the parties and used by the conciliator to help focus the discussion during negotiations. The parties have a maximum of four months to try to settle; if they fail, the case returns to the Commission with the conciliator's report on the process and the offers that were exchanged (with the permission of the parties). The assessor's report is also attached to help the Commissioners decide whether further inquiry by a tribunal is warranted.

DEATH PENALTY

Sri Lankan President urged to prevent return to death penalty after 29-year moratorium Amnesty International is concerned at reports that Sri Lanka is set to carry out its first execution in 29 years and is calling on the country's president to prevent the resumption of executions in the country. Sri Lanka 's Justice Ministry and the Attorney General have recently recommended that three people convicted in 1999 for a notorious abduction and killing should be executed. The last execution in Sri Lanka was carried out in June 1976 and since then consecutive presidents have automatically commuted all death sentences. The human rights organisation believes that in past decades Sri Lanka has been one of the Asian countries that has set an example in the region by rejecting the death penalty and the reactivation proposed by the Justice Ministry and Attorney General would break with that tradition, as well as with the international trend towards abolition of the death penalty. Amnesty International recognises that Sri Lanka has for some time been facing an increase in serious crime and that the state must respond to this. However, the death penalty violates human rights and there is no proof that it is a more effective deterrent to crime than imprisonment.

Partial victory in prisoners' bid to end death penalty in Uganda Uganda 's constitutional court rejected an appeal by hundreds of death row prisoners to outlaw capital punishment, but ruled in favour of putting an end to laws prescribing death as a mandatory sentence for certain crimes. In January, the country's second highest court began hearing the unprecedented legal challenge to capital punishment by the country's 417 death row inmates. The prisoners contended that the death penalty - carried out by hanging - amounted to cruel, inhuman and degrading treatment, which is prohibited by the Ugandan constitution. Human rights activists who sponsored the petition said the ruling was a big step forward.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

Prof. Monica McWilliams new human rights chief of Northern Ireland Human Rights Commission The former leader of the Women's Coalition, Monica McWilliams, has been appointed head of the Northern Ireland Human Rights Commission. The university academic said a Bill of Rights was her top priority. Professor McWilliams, who succeeds Professor Brice Dickson, said she was delighted to be the new commissioner. "I have had a long-standing commitment to human rights in Northern Ireland and am looking forward to taking a Bill of Rights forward," she said. Seven new commissioners were also appointed along with Prof McWilliams.

Social grants failure referred to SAHRC Complaints Committee The failure by the Eastern Cape Department of Social Development to supply the South Africa Human Rights Commission (SAHRC) with additional information relating to the non- payment and backlog of social grants in the province has been referred to the commission's complaints committee. SAHRC spokesperson Claire Wyllie confirmed that the department had not fully co-operated with the commission following the unprecedented call by Eastern Cape Judge Clive Plasket for the SAHRC and Public Service Commission (PSC) to investigate the "large scale inefficiency in the administration of the social assistance system", especially child support grants and disability grants, in the province. She said the matter has now been tabled with the complaints commission, chaired by SAHRC Commissioner Leon Wessels.

Eradication of Manual Scavenging in India - Survey needed Conducting a survey on the extent of manual scavenging existing in the respective States of India by the State Governments will not only provide accurate data but will go a long way in identifying and tackling this degrading practice. This was expressed by the National Human Rights Commission at a review meeting on eradication of manual scavenging held with senior officials of different ministries. Dr. Justice A.S. Anand, Chairperson of the National Human Rights Commission drew attention to the commitment made by the representatives of the State Governments at an earlier meeting held on 6 November 2003 that they would conduct a survey within a year and report to the NHRC. The Chairperson stated that a survey is vital as in the absence of accurate data the extent of the problem cannot be judged and the 2007 deadline for its eradication as envisaged in the National Action Plan for total eradication of manual scavenging cannot be met. Justice Anand said that the feedback received by the NHRC from the various States is scanty and implementation wanting and there is no mention by the State Governments as to whether manual scavenging exists in rural areas, a point which needs to be addressed considering a large part of India's population lives in the villages. He also expressed his concern that the responses elicited from the States do not indicate whether training and rehabilitation has been given to the identified scavengers.

"Human Writes" essay competition and the "Rights in Perspective" art competition for young Australians In April this year, Human Rights Commissioner and Acting Disability Discrimination Commissioner Dr Sev Ozdowski launched a new project which he described as a "national dialogue" with young people on human rights. Talking to young people around the country, Dr Ozdowski has been finding out what kinds of things matter to young people – the hopes, fears, frustrations and inspirations they encounter as young Australians today. The "Human Writes" essay competition and the "Rights in Perspective" art competition are part of this national dialogue. This is an opportunity for students with an artistic or literary inclination to tell and show their thoughts and feelings on these topics.

Fiji Human Rights Commission reacts to the promotion of Reconciliation, Tolerance and Unity Bill 2005 According to the Fiji Human Rights Commission, t he Promotion of Reconciliation, Tolerance and Unity Bill 2005 may be unconstitutional and may conflict with the Human Rights Commission Act 1999. Under the Fiji Constitution and the Human Rights Commission Act the Fiji Human Rights Commission is responsible for investigating human rights violations in Fiji whether by public or private institutions. Under the Constitution, the functions of the Human Rights Commission are to make recommendations to the government about matters affecting compliance with human rights. The Fiji Human Rights Commission recommends that the legal effect of the Promotion of Reconciliation, Tolerance and Unity Bill should be referred to the Supreme Court by the government for its opinion with respect to its compliance with the Constitution and the Human Rights Commission Act. The Fiji Human Rights Commission is mentioned in the proposed Bill, however it is not clear to the Commission what the relationship is between the Commission's responsibility under the proposed Bill and its current responsibility mandated by Constitution and the Human Rights Commission Act. The Commission considers that this matter needs to be clarified urgently by the government.

Maldivian high council on Islamic matters bans the Universal Human Rights declaration The Supreme Council for Islamic Affairs has banned the distribution of the "Universal Declaration of Human Rights" that is being distributed by the Human Rights Commission. "Article 16 and 18 of the Declaration contradicts the Constitution of the Maldives and the Islamic faith. As no Maldivian wishes to practice another religion but Islam we have banned people from possessing the Declaration that is being distributed by the Commission" said the Supreme Council in a press release. The Human Rights Commission in the Maldives has been distributing Dhivehi copies of the Universal Declaration of Human Rights in order to create more awareness among the people.

PRISON REFORM

KNCHR sues the Police The Kenya National Commission on Human Rights (KNCHR) has sued the police for denying the Commission access to police cells in some police stations in the country. The Commission is mandated by its constituting Act, the Kenya National Commission on Human Rights Act 2002, to visit places of detention to inspect conditions under which inmates are held and make recommendations to the government. The Commission presented its case before the Nairobi Chief Magistrate Aggrey Muchelule through the Commission's lawyer. The Commission is also seeking an interpretation of its Act in a constitutional court.

Loopholes in Kenya's Correctional System   Though there have been notable efforts at transforming prisons the main purpose of prisons in Kenya from punishment to rehabilitation, an issue that is integral to the rehabilitation of prisoners is yet to be addressed: their integration into the community upon release, writes John Koigi of ‘The Nation' (Nairobi) . Since they are often viewed as outcasts, it is argued, prisoners often prefer to remain in prison - where their 'contemporaries' are - rather than live in a society where they are perpetually under suspicion. They will thus repeat crimes so as to be re-arrested. Another side to the argument fronted as the reason behind the high crime rate is that with the prison reforms initiated by the Ministry of Home Affairs soon after a new government came to power in 2002, the lifestyle of inmates has become better than that of some 'free' people. There are about 49,312 prisoners in the 93 prisons in Kenya.

RIGHT TO INFORMATION

Freedom of Information in the UK - What is Freedom of Information? A commitment to "Freedom of Information" is a political principle which asserts that members of the public have a right to know what the state is doing, and what it knows about them. In practice around the world, this has usually meant a statutory right on the part of the public to see certain types of recorded information held by public authorities. This right to know has existed in Sweden since the 18th century, in the USA since 1966, in France since 1978, in Canada , Australia and New Zealand since 1982 and in the Netherlands since 1991. In the UK , freedom of information is given statutory force by the Freedom of Information Act 2000. However, the Act did not come fully into force until January 2005. To date, the Act has required public bodies to adopt "publication schemes", which state what, when and how these bodies will make various types of information available (and what charging arrangements they have for access). What types of information should be included in publication schemes are not specified in the Act, and are decided by the public bodies and the Information Commissioner - the regime's regulator. From January 1, 2005, a new right to request information came into force under the Act. Any person making a request in writing to a public authority for information must, firstly, be told whether the authority holds that information, and secondly, provided with that information unless it is excluded from the right's scope under one of a number of exemptions.

RIGHTS OF THE DISABLED

National Conference on Disability and Human Rights held on 23 June, 2005 in New Delhi, India Emphasising that a human rights and not a welfare approach is necessary to protect the rights and dignity of persons with disabilities, the National Conference on Disability has recommended that the government of India set up an independent department of Disability and Development and appoint disability advisor in all premier institutions. 'Systemic Improvements for better Protection of Human Rights of Persons with Disabilities' and 'Human Rights Education and Disability' are the issues that were deliberated on during the Conference on Disability organised by the National Human Rights Commission (NHRC) in collaboration with Indira Gandhi National Open University (IGNOU) and the Canadian Human Rights Commission (CHRC) in New Delhi on 23 June 2005. This Conference marked the culmination of a project jointly undertaken in 2003 by NHRC, CHRC and IGNOU. The aim of NHRC-CHRC-IGNOU Linkage Project was to increase the capabilities and strengths of both the NHRC & CHRC and their associated partners, to co-operatively address major human rights issues in relation to persons with disabilities. To realise this objective, a programme to improve technical capabilities and awareness of NHRC staff, legal practitioners, and disability and human rights advocates was prioritised. A key component of the Project was the 'Training of Trainers Programme', which has prepared a small cadre of human rights trainers in disability, capable of serving formal and non-formal programmes of legal studies. The Programme was offered in four phases during 2004-2005. Phase I included face-to-face training in a participatory mode. In Phase II the participants undertook individual studies using desk search and field investigations. Phase III included a seminar in which participants shared findings of their studies. In Phase IV, the participants facilitated five training workshops or Outreach Training Programmes for a group of law faculties, disability rights and human rights advocates. Read the Recommendations of the National Conference on Disability and Human Rights

TERRORISM

New anti-terrorism law passed in New Zealand New Zealand Parliament has passed a new law targeting terrorist groups and those that support them financially. The Terrorism Suppression Amendment Bill makes it a crime to provide financial support to terrorist organisations. Current law only covers the financing of actual acts of terrorism. Justice Minister Phil Goff says the new offence targets those who knowingly collect or provide funds to benefit terrorists. He says it will not hamper the desire of New Zealanders to contribute funds to genuine human rights or humanitarian groups. The bill also means that the designation of groups as terrorist organisations under the 2002 Terrorism Suppression Act do not expire. Both moves bring New Zealand into line with United Nations Security Council requirements.

New Zealand Human Rights Commission calls for ban on evidence obtained by torture New Zealand Parliament has passed a new law targeting terrorist groups and those that support them financially. The Terrorism Suppression Amendment Bill makes it a crime to provide financial support to terrorist organisations. Current law only covers the financing of actual acts of terrorism. Justice Minister Phil Goff says the new offence targets those who knowingly collect or provide funds to benefit terrorists. He says it will not hamper the desire of New Zealanders to contribute funds to genuine human rights or humanitarian groups. The bill also means that the designation of groups as terrorist organisations under the 2002 Terrorism Suppression Act do not expire. Both moves bring New Zealand into line with United Nations Security Council requirements. Read the review of the Terrorism Suppression Act 2002 of New Zealand

WOMEN'S RIGHTS

SUHAKAM: Meeting nn the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) Human Rights Commission of Malaysia (SUHAKAM) is of the view that discrimination against women should be eliminated and that women's rights should be protected. This principle is enshrined in the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), which was adopted in 1979 by the UN General Assembly. CEDAW reiterates that discrimination against women violates the principles of equality of rights and respect for human dignity. For that reason, SUHAKAM recently organised a meeting to discuss reservations to CEDAW at SUHAKAM's office on 24 June 2005. The main objectives of the meeting were to discuss the reservations to CEDAW, specifically to articles 16(1) (a), (c), (f) and (g) and article 16(2), and to discuss the possibilities (if any) of withdrawing the aforementioned reservations to CEDAW.

Protecting women in India: All parties must vote for the Bill The Protection of Women from Domestic Violence Bill has been in the works for the past about eight years. After the National Commission for Women (NCW) forwarded its first draft to the government in 1997-98, the Bill has been moving around, and even lapsed with the 13th Lok Sabha (House of the People).   It is hoped that it will cross the parliamentary hurdle without losing its cutting edge and will become an effective tool against the assault and battery that is the lot of many Indian women behind the family doors. The provisions of the Bill are an improvement on the laws currently in the statute book. For one thing, the Bill widens the definition of violence, to include not only abuse, but also threat of abuse – physical, sexual, verbal, emotional or economic. Secondly, the Bill covers not only wives, but women who are or have been in a live-in relationship with the abuser – sisters, widows, mothers, single women or others living with the abuser in a joint family, who are also entitled to legal protection” Secondly, besides the wife, it covers the women who are or have been in a live-in relationship with the abuser. Sisters, widows, mothers, single women or others living with the abuser in a joint family are also entitled to legal protection. It provides for the appointment of protection officers and NGOs to provide assistance to women with regard to medical examination, legal aid and safe shelter, etc. The Bill seeks to protect the rights of the woman to secure a house or live in her matrimonial home or shared accommodation, whether or not she holds any title or rights.

Canada gives $5 million to native women violence study Canada intends to fund a $5 million study to combat murder and rape of aboriginal women and help shape laws, police procedures, social services and public education, a native women's group announced. More than 500 aboriginal women have disappeared or been killed in the last 20 years. While only three percent of female population in Canada , they represent 29 percent of women inmates in federal prisons, Canadian rights groups estimate. "Young women leave the community and are never heard from again," said Sherry Lewis, executive director of the Native Women's Association of Canada, who announced the project.

 

		Feedback Please send your feedback to: neena.jacob@in.britishcouncil.org Archive To read the previous issues of the e-Newsletter please visit http://www.britishcouncil.org.in/archives Website To know more about the Commonwealth National Human Rights Commissions Project (CNHRC Project) please visit http://www.britishcouncil.org.in/NHRIs
	Copyright © 2004 British Council. Disclaimer: The British Council cannot be held responsible for the content of external websites. Any opinions, advice or statements or other information expressed or made available by third parties are those of the respective author(s) and do not necessarily state or reflect those of The British Council.