Commonwealth Human Rights
e-Newsletter March 2004
Commonwealth National Human Rights Commission (CNHRC) Project
This e-Newsletter has been produced for Commonwealth National Human Rights Institutions (NHRIs) by the British Council, as part of the British Council's project to support networking and sharing between such NHRIs.
Content:
1. Forthcoming Events
2. Reports & Publications
3. News Stories
FORTHCOMING EVENTS 60th Session of the UN Commission on Human Rights from 15 March-23 April 2004
The annual six-week session for 2004 of the UN Commission on Human Rights started from 15 March to 23 April. This year’s session was chaired by Australia. Members from fifty-three states will be holding discussions and adopt resolutions on various human rights issues such as civil and political rights regarding torture or summary execution; economic, social and cultural rights such as the right to development; and rights of women, children and displaced persons.Summer Internship Programme - 2004 from 17.5.2004 to 18.6.2004 in the National Human Rights Commission, New Delhi, India
The National Human Rights Commission, New Delhi has introduced a "Summer Internship Programme" for Indian University students with a view to give them an exposure to human rights issues. The Internship Programme, which has commenced from the year 1998, is an annual feature being held during summer vacations in the Universities. This year the Summer Internship Programme 2004 will be held from 17.5.2004 to 18.6.2004. It would be open for students pursuing studies in Law, Political Science, Sociology, Criminology and PG Diploma in Human Rights from Universities of Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Gujarat and Goa.
REPORTS Africa Policy Paralysis: A call for action on HIV/AIDS related human rights abuses against women and girls in Africa by Human Rights Watch
The report "Policy Paralysis: A call for action on HIV/AIDS related human rights abuses against women and girls in Africa" by Human Rights Watch details cases of abuse of women and girls that increase susceptibility to HIV/AIDS. It reviews regional and national legal regimes and makes recommendations for policy action against manifestations of HIV/AIDS human rights abuses against women and girls. The cases demonstrate that the illness, mortality, abuse, and stigma associated with HIV/AIDS are due, to a large extent, to a long tradition of subordination and violent abuse of women and girls in Africa. It argues that reformed national laws and policies to date have not been effective in counteracting this tradition and abusive practices condoned in customary law have exacerbated the problem.Protecting the rights of young children affected and infected by HIV/AIDS in Africa: Updated strategies and reinforcing existing networks
This report of the International Workshop co-organised by UNESCO and the Early Childhood Development Network for Africa (ECDNA) in Paris from 13 - 17 May 2002 highlights strategies and recommendations discussed during the workshop about young children and HIV/AIDS. The aim of the workshop was to identify strategies, lines of action and innovative approaches to respond to the needs of young children faced by the HIV/AIDS pandemic. The workshop was set within the framework and principles of the Dakar Framework for Action and the Convention on the Rights of the Child (CRC). The focus was on the young child (0-8 years) and the guiding principle was a life cycle approach to the HIV/AIDS issue. Focus was placed on examining services and programmes rather than children.Australia Social Justice Report 2003 and Native Title Report 2003 by Human Rights and Equal Opportunity Commission, Australia
The Social Justice Report 2003 is the fifth report by Aboriginal and Torres Strait Islander Social Justice Commissioner, Dr William Jonas, Human Rights and Equal Opportunity Commission, Australia. It was tabled in federal Parliament, along with the Native Title Report 2003, in March 2004. The report focuses on developments relating to reconciliation and ensuring accountability of government. It highlights progress in addressing Indigenous disadvantage; initiatives of the Council of Australian Governments (COAG) such as the COAG national reporting framework on Indigenous disadvantage, COAG whole-of-government community trials and ministerial action plans. The Native Title Report considers the role of native title in achieving economic and social development for native title parties. It asks the question 'what would a government and a native title claimant group discuss if the agreed aim of the native title process was the realisation of the claimant group's right to sustainable development? Canada Protecting Their Rights: A Systemic Review of Human Rights in Correctional Services for Federally Sentenced Women by Canadian Human Rights Commission
In a report entitled "Protecting Their Rights" released by the Canadian Human Rights Commission finds that women prisoners continue to face systemic human rights problems in the federal correctional system. The report’s main finding is that the correctional system needs to be more tailored to the unique needs and generally lower security risks posed by women offenders. Specifically, the correctional system should take a more gender-based approach to custody, programming and reintegration for women offenders. The Commission found that, while Correctional Service Canada has made some progress in developing a system specifically for women offenders, systemic human rights problems remain, particularly with regard to Aboriginal women, radicalised women and women with disabilities.
CommonwealthA Survey of the Use of Public Inquiries and Formal Hearings by Commonwealth Human Rights Commissions, commissioned by British Council
This survey was commissioned by the British Council on the types of public inquiries and formal hearings carried out by National Human Rights Commissions across the Commonwealth, which might be useful to other institutions in planning and implementing similar activities. The aim of the research was to gather information on the terms of reference for public inquiries, on internal planning and implementation documents, and on evaluation and follow up mechanisms for such inquiries. It also gathered information on the legislative basis for formal hearings, on internal planning and implementation documents, on internal operating procedures and on manuals, guidelines and internal training materials for holding such hearings. The research follows on from a workshop on the use of public inquiries and formal hearings by National Human Rights Commissions held in Kampala, Uganda, from 25 to 27 February 2003, through a partnership between the British Council and the Uganda Human Rights Commission with financial support from the UK Foreign and Commonwealth Office.India Small change: Bonded child labour in India's silk industry by Human Rights Watch
This report is a survey of child labour in the silk industry in India. The report argues that the Indian government, by heavily regulating and subsidising the industry, is in an especially favourable position to intervene to stop the use of bonded child labour. The study reveals that in Uttar Pradesh, limited attention to silk has pushed the child labour that was in factories into individual homes. In Tamil Nadu, the state government has simply abandoned the Supreme Court's rehabilitative framework for any children found working in hazardous occupations after 1997, in clear violation of the Court's order.International The State of the World's Refugees by UNHCR
The report provides a detailed history of half a century of international humanitarian action on behalf of refugees and other displaced people, covering all the major refugee emergencies of the last 50 years. It examines the way in which each succeeding crisis has helped shape an expanding body of refugee law, and it analyses the international community’s changing response to the problem of forced migration. Above all, it places humanitarian action in the broader political context and examines the fundamental link between displacement and international peace and security.Human Rights Watch World Report 2004: Human Rights and Armed Conflict
The 407-page World Report 2004: Human Rights and Armed Conflict includes fifteen essays on a variety of subjects related to war and human rights, from Africa to Afghanistan, from sexual violence as a method to warfare to the new trends in post-conflict international justice. Each essay takes stock of developments in a specific area and offers suggestions on the way forward. In a departure from past practice, the World Report 2004 does not include summaries of human rights events in the more than 70 countries where Human Rights Watch works.Global Information Technology Report released by World Economic Forum
Covering a total of 102 economies, the Networked Readiness Index of the new Global Information Technology Report 2003-2004 measures how prepared economies are to participate in, and benefit from, information and communication technology (ICT) developments. Since it was first launched in 2001, the Report has become a valuable and unique benchmarking tool to determine national ICT strengths and weaknesses and evaluate progress. The Report also highlights the continuing importance of ICT application and development for economic growth. Only the Executive Summary and chapters 1 and 2 can be downloaded free of cost.Report of the UN Secretary-General: Annual Follow up Report on IV World Conference on Women and Gender Mainstreaming
The report "IV World Conference on Women and Gender Mainstreaming" responds to General Assembly resolution 57/182. It reviews steps taken by the Assembly and its Main Committees during its fifty-seventh session to promote the achievement of the goal of gender equality through the gender mainstreaming strategy. Particular focus is placed on actions taken in relation to the follow-up to the United Nations Millennium Declaration and at major events during the past year. An assessment of the work of the Economic and Social Council is also provided. Finally, the catalytic role of the Special Adviser on Gender Issues and Advancement of Women in support of gender mainstreaming in all policies and programmes of the United Nations is addressed.Child Rights and the Media: Putting Children in the Right -Guidelines for Journalists and Media Professionals
This book, published by the International Federation of Journalists and written by Peter McIntyre, explores the need for journalistic training for all levels of reporting in regard to the importance of children's rights. This includes examining how media works, how existing principles of accountability apply and how media must be free from political and economical pressures that can limit professionalism and undermine ethical standards. There are standards and benchmarks by which media can judge how they portray children in society.Study on Freedom of Information Laws by UNESCO
UNESCO has published a study of freedom of information laws that examines best practices in 10 countries. Written
by ARTICLE 19 Law Programme Director Toby Mendel, "Freedom on Information: A Comparative Legal Survey" analyses laws in Bulgaria, India, Japan, Mexico, Pakistan, South Africa, Sweden, Thailand, the United Kingdom and the United States.The Migration-Trafficking Nexus: Combating trafficking through the protection of migrants' human rights by Anti-Slavery International
Trafficking, smuggling and migration are separate, but inter-related issues. The Migration-Trafficking Nexus: Combating trafficking through the protection of migrants' human rights, a priced publication by the Anti-Slavery International seeks to look at the issue of trafficking within a broader migration framework and to propose policies which would be effective in reducing trafficking and in preventing the human and labour rights violations to which migrant workers are so often subjected.Sri Lanka The State of Civil and Political Rights in Sri Lanka by Asian Centre for Human Rights
The State of Civil and Political Rights in Sri Lanka consists of the alternate report of Asian Centre for Human Rights submitted to the United Nations Human Rights Committee on 19 October 2003. The alternate report, “Sri Lanka: Time for Overhauling Human Rights Mechanisms” analyses the shortcomings of the Sri Lanka's Supreme Court and National Human Rights Commission (Article 2); violations of human rights during emergency (Article 4 & 5) including analysis of the Prevention of Terrorism Act of 1979 and its incompatibility with the ICCPR; violations of the right to life (Article 6) with special focus on disappearances; custodial rape and torture with special focus on torture and refoulement of asylum seekers (Article 8); arbitrary arrest and detention (Article 9); juvenile justice (Article 10); freedom of movement (Article 12); equality before law (Article 14); freedom of expression (Article 19); freedom of association and assembly (Article 21 and 22); the status of the Indian origin Tamils, internally displaced persons and indigenous Veddas (Article 30) and a commentary on the draft Prevention of Organised Crimes Bill, 2003. The report also includes the summary records of examination of the fourth periodic report of Sri Lanka, Concluding Observations of the Human Rights Committee and an analysis of the recent political crisis in Sri Lanka.United Kingdom Pregnancy discrimination at work: A review by Equal Opportunity Commission, UK
On 1 September 2003 the Equal Opportunity Commission, UK launched a General Formal Investigation (GFI) into the discrimination faced by pregnant women at work. This Review is part of the initial stage of the investigation. Conducted between July and September 2003, it highlights the information and data available regarding the scope, nature and impact of pregnancy discrimination in the UK, concentrating on legal issues. It includes a comparison of the legal provisions available to pregnant workers in France and Sweden, and suggests possible avenues for research.
NEWS STORIES ACCESS TO JUSTICE Chief Justices vow to strengthen rule of law in South Asia
The Chief Justices of the South Asian Association for Regional Cupertino (SAARC) countries vowed to strengthen rule of law and recognition of merit and eradicate chronic legal delays in their jurisdictions. The CJs adopted a declaration at their seventh conference held in Karachi on 22nd Feb. 2004 on the sidelines of the 10th SAARC L Conference. The signatories to 'the Karachi Declaration' are: Chief Justice Syed J.R. Mudassir Husain of Bangladesh, Chief Justice Lyonpo Sonam Tobgye of Bhutan, Justice R.C. Lahoti (on behalf of CJ V.N. Khare) of India, Chief Justice Mohammed Rasheed Ibrahim of the Maldives, Chief Justice Govind Bahadur Shrestha of Nepal, Chief Justice Nazim Hussain Siddiqui of Pakistan and Chief Justice Sarath N. Silva of Sri Lanka.Ministry reconstruction symbolises rehabilitation of Afghanistan's justice sector
The badly damaged Ministry of Justice headquarters in Kabul, Afghanistan, is undergoing repairs, part of wider UNDP assistance to rehabilitate key justice infrastructure that is a cornerstone to peace and nation building efforts. The joint project, launched just over a year ago, includes help in establishing the Judicial Reform Commission, a body set up under the 2001 Bonn Agreement on provisions for governing institutions. The commission lies at the centre of the Government's justice reform agenda. Reforming legal education and improving citizen's access to justice are an important part of the co-operation. A one-year training programme that UNDP supports through the Judicial Reform Commission has helped build the skills of graduates of the University of Kabul, Faculty of Law and Sharia.Help for domestic violence victims
As part of a government promise to overhaul the laws relating to domestic violence, a pilot project is being launched in South Wales to help victims to prosecute abusers. The initiative is part of a UK Government promise to overhaul laws relating to domestic violence. The test, which is being held in Caerphilly, is one of two such projects in the UK which will look at ways of ensuring abusers are charged and victims get the help they need. successful, the project will be used as a model for others in Wales and England.Court of Appeal safeguards compensation for victims of discrimination: UK
All three equality commissions welcomed a Court of Appeal decision that makes it clear that people who have been discriminated against can claim compensation for the losses they suffer as a result of the discrimination, without having to satisfy an additional test that the losses were reasonably foreseeable. The Equal Opportunities Commission (EOC), Commission for Racial Equality (CRE) and Disability Rights Commission (DRC) were concerned by the Employment Tribunal's original remedies decision in the case of Mr Yassin Essa v Laing Ltd, which suggested that Mr Essa was not entitled to compensation for psychiatric illness, which he claims was caused by the race discrimination that he suffered, because it was not a foreseeable reaction. The Commission for Racial Equality, in partnership with Race Equality First, had supported the Applicant at the Employment Tribunal and in his successful appeal to the Employment Appeal Tribunal. When Laing Ltd appealed to the Court of Appeal, the three Commissions took the unprecedented step of making a joint application to the Court of Appeal to intervene in the case to assist the Court in interpreting the relevant legislation.ASYLUM Human Rights Committee publishes report on current Asylum & Immigration Bill-UK
The Joint Committee on Human Rights has published its fifth report on the Asylum & Immigration (Treatment of Claimants, etc.) Bill. The clause in the asylum and immigration (treatments of Claimants etc) Bill will remove the whole asylum and immigration process from the scrutiny of the court and allow those seeking asylum or entry to the UK only a single appeal to a new asylum and immigration tribunal. There will be no right to seek a judicial review and no right to go to the court of appeal. Only the president of the tribunal will be able to appeal, on a point of law.Human Rights and Equal Opportunity Commission( HREOC) intervenes in challenge to immigration detention of children
The Human Rights and Equal Opportunity Commission was granted leave to intervene by the High Court in a matter relating to the constitutional limits on the powers to detain children under the Migration Act 1958 (Cth).the Commission submitted that the Migration Act 1958 (Cth) fails to provide a system whereby children’s particular interests and vulnerabilities are recognised. Instead, the Act requires the mandatory detention of both adults and children alike, without any mechanism for the individual assessment of the needs of children. The Commission has submitted that this undifferentiated approach fails to meet the constitutional requirement that such detention be limited to what is reasonably necessary for the purposes of assessment of immigration status or removal/deportation. The Commission made particular reference to the Convention on the Rights of the Child, which imposes international legal obligations upon Australia in relation to the detention of children.CHILD RIGHTS Is child labour in rural economies caused by poverty?
Whilst it is children working in carpet, clothing and sports equipment industries that grab the headlines, the majority of working children actually labour on farms operated by their own families. What explains the apparent paradox that children in households with land are often more likely to be in work and less likely to be in school than kids from families without land? A paper from Bristol University challenges the assumption that child labour emerges from the poorest households. The report produces evidence that children of families who own or farm land are more likely to be working and less likely to be attending school. It argues that economists who have analysed child labour have put too much emphasis on the inadequate provision of credit and have neglected the possibility that child labour may arise as the result of factors such as the incentive for large landowners to employ their children when it is difficult to hire reliable adult workers.Giving children a voice is in the 'best interests of the child'-Human Rights and Equal Opportunity Commission, Australia
Federal Human Rights Commissioner Dr Sev Ozdowski has welcomed a ground breaking program introduced by the Family Court which will give judges more control of custody cases and allow children more of a say in their future. "It is a positive step for the Family Court to move away from an adversarial system of justice to one where judges can decide what issues are relevant and what evidence is received," said Dr Ozdowski. "This is an important move towards strengthening the voices of children involved in these proceedings and helps ensure that general principles under the Convention on the Rights of the Child (CRC) are adhered to." The CRC is incorporated in federal law as part of the human rights responsibilities of the Human Rights and Equal Opportunity Commission. "Human rights are children's rights too and protecting their rights is a very important part of the Commission's work," Dr Ozdowski said.Is child labour in rural economies caused by poverty?
Whilst it is children working in carpet, clothing and sports equipment industries that grab the headlines, the majority of working children actually labour on farms operated by their own families. What explains the apparent paradox that children in households with land are often more likely to be in work and less likely to be in school than kids from families without land? A paper from Bristol University challenges the assumption that child labour emerges from the poorest households. The report produces evidence that children of families who own or farm land are more likely to be working and less likely to be attending school. It argues that economists who have analysed child labour have put too much emphasis on the inadequate provision of credit and have neglected the possibility that child labour may arise as the result of factors such as the incentive for large landowners to employ their children when it is difficult to hire reliable adult workers.CUSTODIAL JUSTICE Delhi Police to get training in Human Rights
Nearly 40 police officers of Delhi police underwent training in Human Rights Investigation, Skills and Custody Management in a 3-day programme conducted by the National Human Rights Commission, New Delhi from 3 - 5 March 2004 at the Indian Institute of Public Administration. The training programme aims at promoting among the Law Enforcement Officers, better understanding and knowledge of human rights culture, practices, skills, attitudes and ethos in the context of various international instruments, treaties, the Indian Constitution and legal framework.NATIONAL/INTERNATIONAL HUMAN RIGHTS UN Commission on Human Rights 2004: Weekly Bulletin by Asia Pacific Human Rights Network
The Asia Pacific Human Rights Network will be producing a six-weekly series of bulletins during the annual meeting of the UN Commission on Human Rights, which starts in Geneva from 15-23 March, 2004. The six issues will come out on the following dates: 15 March, 22 March, 29 March, 5 April, 13 April, 19 April.Death toll for Journalists Rises in 2003 says International Federation of Journalists (IFJ)
Eighty-three journalists were killed world-wide in 2003, 13 more than in 2002, according to the Brussels-based International Federation of Journalists. The IFJ says the war in Iraq, conflict in Colombia and the Philippines and organised crime contributed to the increase. These cases have become emblematic of the struggle for greater protection for journalists in conflict zones. The IFJ has called for changes in international law to ensure that targeting of journalists and negligence in the protection of journalists are made war crimes. The IFJ also wants independent inquiries whenever journalists are killed in conflict zones.Hindi and Regional Languages can help in spreading Human Rights Awareness: India
Promotion and Protection of Human Rights can be best achieved by the use of regional languages to reach out to the masses. At the first national workshop on the importance of Official Language Hindi and other Indian Languages in the Protection and Promotion of Human Rights conducted by the National Human Rights Commission in New Delhi on 16th March,2004, Chairperson of the Commission, Dr. Justice A.S. Anand said that most often people are not aware of their rights and need to be informed about it. Dr. Anand said that three out of every ten illiterate persons across the world are Indians, and out of every ten illiterate persons in India seven are women. He also added that it is a fact that women are more likely to face human rights violations and to understand their problems one has to talk to them in their own language. While, Dr. Anand called for use of the national language and other regional languages in creating awareness on Human Rights, he cautioned that the language should not be too technical or 'sanskritised' such that only the highly educated understand the message being conveyed.MEDIA Curious Mind - Ghana
A group of over 200 young people ages 8-18 who are part of the Children & Youth in Broadcasting/Child Survival & Development (CYIB/CSD) Action Club have organised a radio programme called Curious Mind. Children act as presenters and producers of the show under the supervision of a professional journalist, who co-ordinates the activities of the group. The purpose of the programme is to help make Ghana's citizens aware of issues related to children's rights. 2 radio programmes per week are broadcast on national radio. One is broadcast in English, the other in the Ga language of the people of Accra.RIGHT TO EDUCATION Actualising the Right to Education: Participatory Civil Society-led Approaches to Educational Interventions for Girl Child Labourers in India: The Road Ahead
India has the dubious distinction of being the country that has the highest number of children working. From being engaged as help in farms or inside the house to labouring in sweatshop conditions or even as sex workers and recruited as child soldiers, the Indian child has been found working in all forms of occupations, with the denial of his or her basic human rights. However, even among the working children in India, it is the girl child who is always disadvantaged and marginalised in all aspects.RIGHT TO INFORMATION Statement on Human Rights, Human Dignity and the Information Society
This statement was elaborated and adopted by consensus by a group of independent experts from all regions of the world representing a diversity of backgrounds, expertise, nationalities and perspectives, meeting at the Palais des Nations in Geneva on 3-4 November 2003, convened by PDHRE, People's Movement for Human Rights Education.ICT: a Right, a Means or an end to Development?
Experts say ICT for development is about people improving the quality of their lives, education, health, dignity and opportunity, culture and community. It is also about control over the kinds of things that make life meaningful.Scotland plans new law on Internet paedophiles
Paedophiles caught using the internet to "groom" children in Scotland could be jailed for 10 years, under plans for a law change. Justice Minister Cathy Jamieson plans to introduce legislation to make internet grooming a specific offence. The Sexual Offences Bill in England and Wales is being used as a guide for how best to deal with the problem.Korean Progressive Network 'Jinbonet' launches online info society human rights guide
Korean Progressive Network 'Jinbonet' launched an online Guide to Human rights in the Information society on December 10th, 2003, the 55th anniversary of the Universal Declaration of Human Rights. This site, sponsored by Daum Foundation, has been produced to help understand the concept of Information Human Rights and protect and exercise human rights for oneself. It is composed of four sections - Freedom of Expression, Public Domain, Right to Privacy, and Access to Information.WOMEN'S RIGHTS Building on Achievements: Women's Human Rights after Beijing, May 2000
The Fourth World Conference on Women in l995 resulted in the Beijing Platform for Action, and was a landmark in the recognition of the human rights of women. Through their commitments, Governments recognised that the human rights of women and of the girl child are an inalienable, integral and indivisible part of universal human rights, must be promoted, protected and recognised at all stages of the life cycle, and must reflect the diversity of women in all its manifestations. The review of the Beijing Conference currently being undertaken provides an opportunity to evaluate what progress has been made since 1995 towards realising these commitments.Commission on the Status of Women 2004
The forty-eighth session of the Commission on the Status of Women (CSW) was held from 1 to 12 March 2004 at the UN Headquarters in New York. The Commission concluded its session with the adoption of agreed conclusions on the role of men and boys in achieving gender equality for women and women’s equal participation in conflict prevention, management and conflict resolution and in post-conflict peace-building.
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