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

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This e-Newsletter has been produced for Commonwealth National Human Rights Institutions (NHRIs) by the British Council, as part of the British Council's project to support networking and sharing between such NHRIs.

SPOTLIGHT of the month: Speech by Mary Gusella, Chief Commissioner, Canadian Human Rights Commission, on April 13, 2005 at the annual meeting of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights
Content:

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

FORTHCOMING EVENTS

Indigenous Peoples, Human Rights and Advocacy - A Human Rights Training Programme for Indigenous Advocates in the Asia-Pacific Region in Darwin, Australia from 20 – 29 June, 2005 The Diplomacy Training Program, in partnership with Batchelor Institute of Indigenous Tertiary Education, is organising a training program for Indigenous community advocates working in Australia and the Asia-Pacific region. The capacity building program will take place in Batchelor, located near Darwin in the Northern Territory , Australia from 20 June- 29 June, 2005. The course fee is A$2000. The deadline to apply is 30 April, 2005.

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 is a meeting of the Presidents, Officers and Executive Secretaries of Commonwealth Bar Associations and Law Societies. There are also 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 - Days of General Discussion on 16 September, 2005 The Committee on the Rights of the Child, the body of independent experts responsible for reviewing progress made by States parties in implementing the Convention on the Rights of the Child decided at its 37th session to devote its 2005 day of general discussion to the subject of “Children without parental care" in order to improve implementation of the Convention on this topic and identify practical solutions and steps for ensuring that the rights of children living without parental care are respected.

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

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, programs and practices developed and implemented by national human rights institutions to combat trafficking. The workshop program will be designed in consultation with members of the APF's Trafficking Focal Point Network.

 

REPORTS & PUBLICATIONS

Africa

Human Rights Law in Africa This publication covers the activities of the United Nations, the African Union and its predecessor the Organisation of African Unity, as well as sub-regional and other inter-governmental organizations and NGOs in the field of human rights in Africa. It also covers the national legal systems of all African countries. Around 100 correspondents from all over Africa contribute to this voluminous publication, edited by Christof Heyns and Morné van der Linde . Human Rights Law in Africa is published by Martinus Nijhoff (The Netherlands) in two volumes, the first volume covering inter-governmental organisations and NGOs and the second volume covering the national legal systems.

Australia

Australian Human Rights & Equal Opportunity Commission (HREOC) launches Federal Discrimination Law 2005 Federal Discrimination Law 2005 provides a comprehensive overview of case law in the federal unlawful discrimination jurisdiction. In addition to detailed analysis of discrimination law jurisprudence, the publication also covers issues of practical concern for litigants and practitioners, with chapters on procedural issues, damages and remedies, and costs. It also considers the provisions of the Age Discrimination Act 2004 (Cth) (‘ADA', see Chapter 2) in relation to which, at the date of publication, there are no decided cases.

Commonwealth

The Commonwealth Yearbook 2005 The Commonwealth Yearbook is an annual guide to the Commonwealth, its members and organisations produced by the Commonwealth Secretariat. The 2004 edition has been fully updated and includes: The evolution, role and operations of association; full text of essential declarations, review of principal programmes and initiatives; comprehensive profiles of member states and dependencies; directory of some 100 Commonwealth organisations, with full profiles of the leading intergovernmental bodies; extensive reference section, with statistics, websites and publications. Nexus Strategic Partnerships publishes the Commonwealth Yearbook on behalf of the Commonwealth Secretariat.

Economic, Social and Cultural Rights in Practice This book published by the Commonwealth Secretariat examines the record of jurisdictions in which attempts have been made at judicial enforcement of economic, social and cultural rights. Contributions provide insights into the methods, specificity, and limits of judicial enforcement. They explore the interdependence of civil and political rights and economic, social and cultural rights, and the permeation of the latter into interpretations of the former. The judicial approach now tends to the view that not only are both types of rights essential for human dignity, but also that economic, social and cultural rights, when not directly enforceable as such, help to elaborate civil and political rights.

India

Future Forsaken: Abuses against children affected by HIV/AIDS in India Hundreds of thousands of Indian children are living with HIV/AIDS.  Many more are otherwise seriously affected – when they are forced to leave school to care for sick relatives or work in their place, or when they are orphaned. Yet HIV/AIDS-affected children are nearly invisible in India 's response to the country's burgeoning epidemic. Children affected by HIV/AIDS may be discriminated against by schools and medical personnel, denied care by orphanages and pushed onto the streets and into the worst forms of child labour. Many children living with HIV/AIDS do not have even the most basic health care. This report from Human Rights Watch (HRW) documents abuses against India 's HIV/AIDS-affected children and calls on the Indian government to recognise their plight and to take immediate action to protect them from discrimination and exploitation.

After Tsunami, rights protections needed in India In a 47-page report After the Deluge: India's Reconstruction Following the 2004 Tsunami by Human Rights Watch examines the Indian government's response to the tsunami and documents several systemic and potentially enduring failures. Human Rights Watch applauded the Indian government's overall response to the tsunami, but found that government recovery efforts did not adequately take into account the needs of different vulnerable segments of the affected population, particularly women, children, the disabled, Dalits (so-called untouchables) and tribal groups.

International

Recommendations of the ICC Sub-Committee on accreditation 16th session of the annual meeting of the International Coordinating Committee of National Institutions for the promotion and protection of human rights (ICC) was held on 13 April, 2005 in Geneva and the Sub-Committee on Accreditation (the Sub-Committee) made its recommendations. In accordance with the Rules of Procedure of the International Coordinating Committee of National Institutions for the Protection and Promotion of Human Rights (ICC), the Sub-Committee on Accreditation has the mandate to consider and review applications for accreditation received by the National Institutions Unit of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in its capacity as the ICC Secretariat, and to make recommendations to the ICC members with regard to the compliance of applicant institutions with the Paris Principles. Representatives of the national institutions of Canada , Denmark , Fiji (acting Chair) and Uganda, as members of the Sub-Committee and as representatives of their respective regions, convened on 13 April, 2005. The OHCHR participated as a permanent observer and in its capacity as ICC Secretariat. The Sub-Committee considered the applications of the national institutions of Burkina Faso , the Democratic Republic of Congo, Jordan, Kenya, Norway, Palestine and Tanzania.

Indigenous Rights between the two decades- A Working Paper produced by ‘Rights & Democracy', Canada This paper, published by Rights and Democracy Canada, examines the past Decade of the World's Indigenous People (1994-2004) in light of the tasks that lie ahead. The three essays in this paper highlight some of the key issues underpinning the second Decade. In the first text, Kenneth Deer, long-term co-chair of the Indigenous Caucus at the UN, explains the context in which the first Decade began and the hopes it raised for indigenous peoples through out the world. In the second, Warren Allmand, former Solicitor General, Minister of Indian Affairs and past President of Rights & Democracy, retraces the history of the recognition and participation of indigenous peoples within the United Nations system. He also reviews the main accomplishments of that Decade. In the third, Isabel Madariaga Cuneo highlights the Challenges of the next Decade and suggests taking steps toward full recognition of the rights of indigenous peoples.

Plan of Action for the World Programme on Human Rights Education The United Nations Office of the High Commissioner on Human Rights and UNESCO recently produced an action plan for the first phase of the plan of action for the world programme on human rights education. The first phase of the action plan will focus on primary and secondary schools and will run from 2005-07. The plan contains useful detailed and practical guidance and ideas for national governments to help them both to incorporate human rights standards into national education systems, and to teach human rights as a curriculum subject in its own right. The guidance also refers to the importance of mutual learning on good practice between different countries.

Amnesty International Report 2005 : The state of the world's human rights The report documents human rights issues of concern to Amnesty International during 2004 and reflects Amnesty International's activities during the year. This Amnesty International Report, which covers 149 countries, highlights the failure of national governments and international organisations to deal with human rights violations, and calls for greater international accountability. The report also acknowledges the opportunities for positive change that emerged in 2004, often spearheaded by human rights activists and civil society groups. Calls to reform the UN human rights machinery grew in strength, and there were vibrant campaigns to make corporations more accountable, strengthen international justice, control the arms trade and stop violence against women. The publication is priced at £ 25.

Putting 'justice' into the juvenile justice system Across the globe, children who live and work on the streets are particularly vulnerable to human rights violations in juvenile justice systems. Not only are they more likely to have contact with the police and the courts, but they are also less able to defend themselves from abuse. Experiences reported by children go against rights specified in the UN Convention on the Rights of the child. A report from the Consortium for Street Children (CSC), UK draws on projects in six countries : Kenya, Nicaragua, Nigeria, Pakistan, the Philippines and Romania, as well as international research to provide an overview of the causes and consequences of street children's involvement in criminal justice systems. The report also highlights priority areas for reform, examples of good practice and recommendations for different actors at each stage of the criminal justice system. This shows how street children are discriminated against and have their rights violated.

The Right to Education for Persons with Disabilities: Towards Inclusion This action paper is a product of the Education for All (EFA) disability initiative that recognises persons with disabilities as having fundamental human rights and therefore requiring an action plan to help address their needs. Achieving the right to education for persons with disabilities in basic education is the main goal and necessary if the Millennium Development Goal of "education for all" is to be achieved by the target date of 2015. The paper is broken down into three sections. The first section focuses on some of the complexities presented in respect to the concept of disability and of its relationships with inclusiveness in education policy and practice. The major issues are addressed in section two in the context of challenges for the work of the Flagship. The final section offers a practical action framework broken into four global and seven regional/national activities.

ILO's new report: A global alliance against forced labour Many millions of people are forced into labour around the world, says ILO's new report entitled "A Global Alliance Against Forced Labour". The report says the number is at least 12.3 million, but given widespread limitations in reliance on official data, the number in many countries could be higher than the report estimates. The ILO estimates that of at least 12.3 million people who are victims of forced labour worldwide, about 9.8 million are exploited by private individuals and enterprises, including more than 2.4 million in forced labour as a result of human trafficking. The remaining 2.5 million are forced to work by the state or by rebel military groups. The report also provides the first global estimate of the profits generated by the exploitation of trafficked women, children and men - 32 billion dollars each year, or an average of 13,000 dollars from every single trafficked forced labourer. Brazil has a specific new law on forced labour. Asian countries, particularly India , Pakistan and Nepal have detailed legislation against bonded labour. Britain has a law against trafficking but not against forced labour. The report sheds new light on the emerging forms of forced labour affecting migrant workers, in particular irregular migrants in rich and poor destination countries alike.

Forgotten Casualties of War: Girls in Armed Conflict This report produced by Save the Children Fund, UK (SCF), addresses the protection issues for children associated with armed groups and, more specifically, to the largely unrecognised protection requirements of girls. The report shows how girls are being overlooked in current efforts to release children from armed groups and support their return home. It challenges existing systems and argues that the international community must fund programmes designed to meet girls' needs. This means focusing on strengthening communities. Around the world, there are up to 120,000 girls, some as young as eight, who have been forced to become front-line fighters, or are otherwise supporting armed groups. Reports of girls being used within armed groups come from Colombia, East Timor, Pakistan, Uganda, the Philippines, Sri Lanka, the Democratic Republic of Congo (DRC) and West Africa, among others.

Alternative NGO reports on progress on the Beijing Platform for Action NGOS play a crucial role in promoting effective implementation of the Beijing Platform for Action through their advocacy efforts and by monitoring the government's implementation of the Beijing Platform. The development of an alternative, or shadow, report provides an effective means for NGOs to critique or supplement information in the official state report. This alternative reporting mechanism holds governments accountable to their citizens and the UN. The process of developing a shadow report can be as important as the report content, as women's NGOs collaborate to establish priorities and a common vision for ensuring women's equal rights in their countries. NGOs from different countries have developed alternative reports to the official state reports.

Nigeria

Amnesty Domestic Violence Report out in Nigeria Amnesty International has formally released a report on domestic violence against women in Nigeria , with a call on the Federal Government to reform discriminatory legislation, in particular, Sections 353 and 360 of the Criminal Code, which makes indecent assault on women a lesser offence than on men. In 31-page report titled, "Nigeria: Unheard voices - Violence Against Women in the Family", Amnesty International in active partnership with Nigerian non-governmental organisations, called on government to incorporate into domestic law, the United Nations Convention on Elimination of All forms of Discrimination Against Women (CEDAW), ratified by Nigeria in 1985, and the Protocol to African Charter on Human and Peoples ' Rights on the rights of women in Africa, ratified by Nigeria in 2005. This report relies on Amnesty International's own research, including during visits to Lagos State in March and November 2004, and on work done with Nigerian NGOs. This report is one of a series published as part of Amnesty International's global campaign to Stop Violence Against Women, launched in March 2004. The campaign highlights the failure of states the world over to prevent, investigate and punish violence against women in the family and community.

South Asia

Report for South Asia Regional Consultation – the UN Secretary General's Study on Violence against Children, Islamabad, Pakistan 2005 Published by the Global Initiative to End All Corporal Punishment of Children, this report reviews law and policy in relation to corporal punishment and deliberate humiliation of children in each state in South Asia. It makes recommendations for law reform and other measures which it is hoped will be adopted at the Consultation and pursued at a national, regional and international level.

Uganda

Concerns regarding torture and other cruel, inhuman or degrading treatment or punishment in Uganda The Ugandan government must prosecute perpetrators of torture, said Human Rights Watch and the Ugandan-based Foundation for Human Rights Initiative (FHRI). Uganda ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment in 1986. The United Nations Committee Against Torture reviewed Uganda 's initial report during its session in May, 2005. In its report, the Ugandan government explained measures it has taken against torture to comply with its obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In a 14-page briefing paper submitted to the U.N. committee, Human Rights Watch and FHRI documented recent cases of torture by Ugandan security forces against political opponents, alleged rebels and criminal suspects.

United Kingdom

UK criticised over human rights - Report by Mr Alvaro Gil-Robles, Council of Europe's Commissioner for Human Rights during his visit to the UK from 4-12 November, 2004 Europe's human rights watchdog has criticised the way in which the UK treats terror suspects. The Council of Europe's Commissioner for Human Rights, Alvaro Gil-Robles, says control orders violate basic rights. The measure effectively places a person under house arrest if the home secretary believes it is necessary. His report expressed concern about anti-social behaviour orders (ASBOs), the asylum system and overcrowding in prisons. He cited the cases of an 87-year-old receiving an ASBO for being repeatedly sarcastic and a 17-year-old deaf girl for spitting. But it was the recent introduction of control orders that particularly attracted his criticism. The orders were brought in after law lords ruled that the previous system of indefinite detention for suspects without trial breached human rights laws. In his report, Mr Gil-Robles said it did not seem to him that the "weak control" offered by judicial review proceedings satisfied the usual powers for what would be considered criminal charges.

Implementing the new domestic violence Best Value Performance Indicator: Guidance for local authorities Domestic violence accounts for nearly one fifth of all recorded violent crime and nearly 5.7bn pounds every year. A new pamphlet produced by the Local Government Association, UK lists extensive case studies and examples of good practice. It also helps to raise the public profile of the role that councils play in tackling this issue, as well as promoting approaches that have already proved to be effective. Councils need to look at the range of services they provide, such as housing, social care and education to tackle the problem.

 

NEWS STORIES

ASYLUM

Enough is enough – time to review immigration detention in Australia Federal Human Rights Commissioner Dr Sev Ozdowski has called on the federal Government to urgently review Australia 's system of mandatory immigration detention following revelations of wrongful detention and deportation of Australian citizens and ongoing concerns over the mental health of detainees. The Commissioner said that the recent revelations concerning the mistreatment of adult Australians simply reinforces the findings that were made exactly one year ago in the Commission's report on children in immigration detention. Last year on 13 May, 2004, the report of the National Inquiry into Children in Immigration Detention was tabled in federal Parliament. The Human Rights and Equal Opportunity Commission report detailed numerous and repeated breaches of the human rights of children in our immigration detention centres. The report, titled A last resort?, found that Australia's mandatory detention system breaches human rights because it fails to ensure that detention is the last resort and for a short period only, and fails to make the best interests of the child a primary consideration. It has also drawn attention to the connection between prolonged detention and mental health issues.

Asylum seekers denied justice due to crisis in legal aid funding in the UK 'Justice Denied: Asylum and Immigration Legal Aid – a System in Crisis' published by Bail for Immigration Detainees (BID) and Asylum Aid,UK is based on 78 submissions from individuals and organisations across England and Wales. It exposes a system which denies asylum seekers the chance to present or defend their case adequately, for want of access to essential legal advice. The report calls for the new UK Parliament to take urgent action to address these problems, and raises concerns that the situation will be exacerbated by the further restrictions to legal aid for asylum appeals that came into force in April 2005.

CRIMINAL JUSTICE

United Nations Commission on Crime Prevention and Criminal Justice concludes 14th Session ( 23 - 27 May 2005) The United Nations Commission on Crime Prevention and Criminal Justice concluded its fourteenth session on 27 May, 2005 in Vienna , Austria . The intergovernmental Commission, which is also the preparatory body of United Nations Congress on Crime Prevention and Criminal Justice, held a shortened five-day session in view of the fact that the Eleventh United Nations Congress on Crime Prevention and Criminal Justice was held in Bangkok , Thailand , in April 2005. The Commission's thematic discussion focused on the conclusions and recommendations of the Eleventh Congress. The Commission recommended a resolution to the General Assembly, through the Economic and Social Council, endorsing the Bangkok Declaration adopted by the Eleventh Congress. The Bangkok Declaration and the recommendations of the Congress would be taken into consideration by Governments in formulating legislation and policy directives and Member States would be encouraged to implement the principles contained in the Declaration, taking into account their respective economic, social, legal and cultural conditions. The Commission also made recommendations on: international cooperation in the fight against transnational organized crime, including the protection of witnesses; action against corruption and assistance to states in capacity-building with a view to facilitating the entry into force and subsequent implementation of the United Nations Convention against Corruption; strengthening international cooperation and technical assistance in promoting the implementation of the universal conventions and protocols related to terrorism; strengthening the reporting on crime trends; and strengthening the technical cooperation capacity of the United Nations Crime Prevention and Criminal Justice Programme in the area of the rule of law and criminal justice reform.

HUMAN RIGHTS EDUCATION

Commonwealth Human Rights Curriculum Model for India launched Four universities in India -- Yashwantrao Chavan Maharashtra Open University, Nashik; University of Pune ; SNDT Women's University, Mumbai; and Punjab University, Chandigarh will be offering courses in human rights this year. This follows the official launch of the new Commonwealth Human Rights Curriculum Model in Mumbai , India, on 16 May, 2005. The courses will be offered at three levels. The basic level is a five-day orientation course which creates awareness of the international and national mechanisms for the promotion, protection and fulfilment of human rights. The certificate course is a four-month programme targeted at those who can deliver and implement government decisions which impact on people's rights. The diploma course is a one-year programme which focuses on a more in-depth study of human rights. These courses were designed by the Commonwealth Legal Education Association under a commission from the Commonwealth Secretariat.

JUSTICE

Truth, Justice and Reconciliation as elusive as ever in Kenya A recent statement by Kenyan Justice Minister Kiraitu Murungi that it was ”no longer necessary” for the country to establish a commission to investigate atrocities committed under previous governments was greeted with both outrage and delight. The promise to set up such a body, modeled on South Africa's internationally acclaimed inquiry into rights abuses that occurred during apartheid, was one of the key pledges made during the current head of state's campaign for office. Murungi declared that Kenya's past, during which state opponents and political rivals were murdered, tortured, detained without trial and made to disappear without trace should instead be probed by the Kenya National Commission on Human Rights (KNHCR). However, the KNHCR lacks the resources to conduct a full-scale inquiry into violations that have taken place in Kenya since the country received independence from Britain in December 1963.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

UN to set up human rights office The Office of the United Nations High Commissioner for Human Rights (OHCHR) is to establish an office in Uganda in June to monitor abuses related to conflict in the northern and eastern regions of the country, a UN official said. The OHCHR presence in Uganda was intended to "help strengthen the response to the abuses and violations resulting from the conflict afflicting the northern and eastern parts of the country," the spokesperson for the office, José Luis Diaz, told a news briefing in Geneva . The office would also "undertake human rights monitoring, training, capacity-building of local actors, and work on a protection strategy in cooperation with the National Human Rights Commission as well as the UN Country Team," he added.

Proposed National Commission for Human Rights in Pakistan should not become a parking lot for retired bureaucrats, PCHR The proposed National Commission for Human Rights should not become a parking lot for retired bureaucrats, demanded the Parliamentarians Commission for Human Rights (PCHR), Pakistan during the consultation held at its secretariat. The consultation was attended by parliamentarians, foreign diplomats and representatives of civil society organisations. The Consultation objectively reviewed and analysed its provisions on criteria of the famous Paris Principles which provide a globally accepted standard for establishing a National Commission for Human Rights (NCHR).  The consultation focused on the mandate, composition, functions, powers and funding of the proposed Commission. Mr. Riaz Fatyana Chairman, PCHR, in his opening remarks termed the introduction of a National Human Rights Act in the Assembly as an historic moment and a step in the right direction to improving the situation of human rights in the country. Civil Society organisations had a consensus opinion that the Commission should be independent and autonomous and it should have adequate administrative powers to be able to address human rights violations. As regards the appointment of retired judges and bureaucrats, it was the unanimous opinion of all concerned that the Commission should have total autonomy to hire professional and competent staff to run its affairs.

New section on the Canadian Human Rights Commission's Proactive Initiatives In 2004, the Canadian Human Rights Commission created a Proactive Initiatives program. The objective of the program is to look into systemic issues that have an impact on a group of people or on the overall human rights system and to propose action. Research, study and dialogue are the tools used by the program in its efforts to resolve human rights issues. It may undertake a special study or inquiry on a particular matter or carry out a round of public consultations. A unique feature of the Proactive Initiatives program is that the approaches will be chosen according to the issues and their complexity.

Support Creation of Human Rights Council Replacing the discredited United Nations Commission on Human Rights with a standing Human Rights Council would be a major step forward for the protection of human rights worldwide, said Human Rights Watch. The president of the U.N. General Assembly, Ambassador Jean Ping of Gabon, presented a draft outcome document for the General Assembly Summit in September which included a commitment of support for a Human Rights Council. The proposed Human Rights Council would operate year-round to allow it to act both preventively and during urgent crises. According to the draft outcome document, the Geneva-based Council would preserve some of the best features of the Commission on Human Rights, including the active and meaningful participation of nongovernmental organisations and the system of expert monitors known as special rapporteurs.

Indian National Human Rights commission (NHRC) – State Human Rights Commissions (SHRC) call on Government to set-up SHRCs The National Human Rights Commission, India and the State Human Rights Commissions have unanimously endorsed and adopted a resolution calling on the State Governments to set up, on priority, State Human Rights Commissions where they do not exist. This was passed at the meeting of the NHRC with SHRCs held in New Delhi recently. The resolution also stated that where, there are State Human Rights Commissions or, are in the process of being setup, it may be ensured that they are structurally and financially independent as envisaged in and, fully confirming to, the principles relating to the status of national institutions (the "Paris Principles") which were endorsed by the UN General Assembly Resolution 48/134 of 20 December 1993. The National and State Commissions also reiterated and reminded the Governments, both, at the Centre and in the States, that the primary obligation towards the protection of human rights is that of the State and that the National Human Rights Institutions are to facilitate the protection of human rights.

Volume 5 Issue 1 of Commonwealth Human Rights Law Digest This latest issue of the Digest summarises cases decided by national courts in 20 different Commonwealth jurisdictions across 31 major issues. Featured cases in 5.1 include a case from the South African Constitutional Court on the legality of detention of illegal immigrants subject to deportation (Lawyers for Human Rights & Anor v Minister of Home Affairs), a Jamaican case from the Privy Council considering the legality of the mandatory death penalty in the Caribbean (Watson v R) and a case from the New Zealand Court of Appeal recognising an emerging tort guarding against an invasion of privacy (Hosking & Anor v Runting & Anor). Edited by Iain Byrne, each issue of the Digest contains summaries of approximately 50 decisions in human rights related cases from senior Commonwealth domestic courts. Subscription is £45 / US$90 per volume, with three issues per volume .

New Zealand - Balance “about right” Hate Speech Inquiry told New Zealand has the balance “about right” in relation to the freedom of expression and the protection of minority and vulnerable groups, the Human Rights Commission, New Zealand told the Inquiry into Hate Speech on 5 May, 2005. “The vast majority of New Zealanders deplore hate speech and the harm it can cause individuals and groups. But legislation alone is limited in curbing the most harmful effects of hate speech. The Commission believes the promotion of positive relations between groups in society through education and public awareness are equally important,” says Commissioner Judy McGregor. New Zealand has ratified international covenants on both the right to freedom of expression and on the prevention of racial hatred, covering the incitement of hostility, violence and racial disharmony. It has also legislated domestically for freedom of expression in the New Zealand Bill of Rights Act, 1990, and against racial hatred in the Human Rights Act.

RIGHTS OF INDIGENOUS PEOPLE

Concluding Fourth Session of the UN Permanent Forum on Indigenous Issues ( 16 – 26th May, 2005) recommends that states ensure indigenous participation in design, implementation of poverty reduction strategies Expressing concern that some Millennium Development Goal processes may lead to accelerated loss of indigenous lands and natural resources, the Permanent Forum on Indigenous Issues recommended that States, the United Nations and other intergovernmental organisations ensure that indigenous peoples participate in designing, implementing and monitoring poverty reduction strategies, in one of seven sets of draft recommendations and three draft decisions the Forum approved by consensus. In a text focusing on the session's Millennium Goal theme of eradicating poverty and hunger (document E/C.19/2005/L.2), approved as orally amended, the Forum recommended that poverty reduction strategy papers clearly identify rights to indigenous land, forest, marine and other natural resources; specify the role of indigenous peoples; and acknowledge their control over land, forest, and natural resources. States should also recognise indigenous rights to food security and the sustainable production and consumption of healthy and nutritious foods by using appropriate sustainable technology. According to another orally amended text on its future work (document E/C.19/2005/L.6), the Forum recommended that its Bureau would serve as the advisory group to the Voluntary Fund for the Second International Decade of the World's Indigenous People, and called on governments, intergovernmental organisations, foundations and non-governmental organisations to give generously to the Fund. Also by that text, the Forum urged the United Nations Educational, Scientific and Cultural Organization (UNESCO) to become actively involved in the Fifth World Indigenous Education Conference later this year in New Zealand.

RIGHTS OF MINORITIES

UN approves new watchdog on minorities A new United Nations special mechanism on minorities has been approved by consensus of the Commission on Human Rights (CHR) at its 61st session in Geneva . A UN Independent Expert on Minority Issues will engage in dialogue with governments and minorities worldwide to promote and protect minority rights. The new mandate will play a key role in promoting long neglected minority rights issues within the UN system. Essential to its effectiveness will be the ability to enter into consultations with Governments and minorities in a constructive, problem-solving manner, in order to resolve issues of contention. The new post is created amid a wide-scale review and reform of the UN system with the goal of delivering results in the fields of human rights, development and security.

RIGHTS TO INFORMATION

The Right to Information in India– Key to Accountability The fundamental right of freedom of speech and expression is meaningless without the requisite information about issues and subjects on which opinions are to be formed and expressed. The right to information, is, therefore, implicit in the right to free speech and is as much fundamental. The Indian Parliament has now enabled the citizens to exercise their fundamental right of free speech and right to information through a much awaited Right to Information Bill – 2005, a landmark in the history of Indian democracy. The Bill goes a long way in putting together a comprehensive mechanism for citizens to secure information under the Government's control and thereby promotes “transparency and accountability in the working of every public authority”. The legislation is in accord with both Article 19 of the Indian Constitution as well as Article 19 of the Universal Declaration of Human Rights. With the passage of the Bill on May 12, 2005 India is now among the 55 countries which have legislated comprehensive laws that protect the citizens' right to information. This is a press release from the Press Information Bureau, Government of India.

TORTURE

Committee against torture concludes thirty-fourth session (2 – 20 May, 2005) The UN Committee against Torture concluded its three-week spring session on 20 May, 2005 and issued its concluding observations and recommendations on reports from Canada, Switzerland, Finland, Albania, Uganda and Bahrain which it reviewed during the session. These countries are among the 139 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and are bound by the terms of the treaty to submit periodic reports on efforts to ensure that such human rights violations do not occur on their territories.

WOMEN'S RIGHTS

Welcome for critical report on conditions for women prisoners in Northern Ireland The Northern Ireland Human Rights Commission welcomed the findings of the Criminal Justice Inspectorate report on conditions for female prisoners in Northern Ireland . The Commission strongly supports the Inspectorate's finding that a separate prison should be provided for women, and welcomes the Prison Service's acknowledgement that the accommodation of women in Ash House, Hydebank Wood, alongside a facility housing male young offenders, must be a temporary measure. The Commission also supports the Inspectorate's recommendation that girls under 18 should not be held in prison.

Uganda's Domestic Relations Bill would save lives Legislation on marital rape and equality in the family could save the lives of countless women and girls in Uganda, Human Rights Watch said in a letter to the speaker of Uganda 's Parliament. The Domestic Relations Bill, which has languished in parliament for more than a decade, would afford women and girls greater equality in matters relating to marriage, divorce and family property. Human Rights Watch reports have documented that domestic violence is rampant in Uganda, affecting some 40 percent of women, and many women are raped by their intimate partners. This violence puts women at risk for HIV.

African Human Rights Court: Will It Make a Difference for Women? As anticipation over the establishment of the African Human Rights Court grows, so does concern over the time it is taking to actually become operational and the impact it will have on the lives of millions of African women who may not even be aware of how the Court could affect them. The Protocol establishing the African Court on Human and People's Rights was adopted by the then Organisation of African Unity on June 10, 1998 and came into effect on January 15, 2004. In July 2004 the African Union Assembly took a decision to merge the African Court on Human and People's Rights with the Court of Justice of the African Union. The main purpose of the African Human Rights Court is to compliment and reinforce the functions of the Commission on Human Rights.

Re-affirming Beijing The 49th session of the UN Commission on the Status of Women (CSW) was held in New York February 28 - March 11, 2005. Governments reaffirmed their commitment to the Beijing Declaration and Platform for Action (BPFA) adopted at the Fourth World Conference on Women in Beijing in 1995. In addition to official country delegations, the CSW brought together NGOs and women's rights activists from around the world, all showing a strong display of solidarity. Ten resolutions were adopted at the CSW, in areas of special concern today: HIV/AIDS, women in Afghanistan, women in Palestine, indigenous women, women and natural disasters, United Nations International Research and Training Institute for the Advancement of Women (INSTRAW), economic advancement of women, trafficking, and a proposal to consider in 2006 the appointment of a Special Rapporteur on laws that discriminate against women. There was concern lest the focus on MDGs dilute the resources and energies going into the implementation of the BPFA. The 49th session of the CSW emphasised that the full and effective implementation of the BPFA is essential to achieving international development goals, including those contained in the Millennium Declaration.

 

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