Commonwealth Human Rights
e-Newsletter: March 2005

 


Commonwealth National Human Rights Commission (CNHRC) Project

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

SPOTLIGHT of the month: Message from the Commonwealth Secretary-General, Don McKinnon on International Women's Day observed on 8 March 2005

 
 Content:
 
 

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

   
FORTHCOMING EVENTS

14 March : Commonwealth Day 2005 - A focus on Education
Commonwealth Day is celebrated on the second Monday in March every year. The aim of commemorating Commonwealth Day is to promote understanding on global issues, international co-operation and the work of the Commonwealth to improve the lives of its 1.8 billion citizens. The theme for Commonwealth Day 2005 is 'Education - Creating Opportunity, Realising Potential', which focuses on the importance of education in socio-economic upliftment. Some 75 million children around the Commonwealth lack access to basic education that equips the individual with life skills. The Commonwealth is promoting action on six key areas of education:
Achieving Universal Primary Education
Eliminating Gender Disparities
Improving Quality in Education
Using Distance Learning to Overcome Barriers
Supporting Education in Difficult Circumstances
Mitigating the Impact of HIV/AIDS on education

 

Bank of Ireland Fellowship in Human Rights
Academics from any developing country whose research output and teaching focus on the area of human rights are invited to apply for fellowships based at the Irish Centre for Human Rights, National University of Ireland, Galway . The duration of the fellowships is one year. The deadline to apply is March 31, 2005.

 

Sixteenth Session of the United Nations International Co-ordinating Committee from 14 -15 April 2005
The Sixteenth Session of the International Co-ordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), will be held on 14-15 April 2005 in  Geneva . You can read the provisional agenda online.

 

Minority Rights Law Summer School from 11 - 18 June 2005 at the Irish Centre for Human Rights in Galway, Ireland
The aim of the course is to provide participants with an overview of the legal, political and philosophical issues pertaining to international human rights law and its relationship to minority rights and the rights of indigenous people. The € 550 fee for the programme includes breakfast, lunch, shared accommodation, a variety of documents and other teaching materials, as well as a half-day tourist trip to the Aran Islands . The deadline to apply is 6 May 2005.

 

 

AWARDS

Robert F. Kennedy Human Rights Award
The Robert F. Kennedy Human Rights Award was established in 1984 to honour creative individuals who are, often at great personal risk, engaged in strategic and non-violent efforts to overcome serious human rights violations. Presented annually, the Award reflects Robert Kennedy's opposition to tyranny and his belief in the power of individual moral courage to overcome injustice. The RFK Memorial's International Advisory Committee-comprised of 60 human rights advocates from around the world, including Archbishop Desmond Tutu, Czeslaw Milosz, José Zalaquett, and Carlos Fuentes-and others from the international human rights community submit Award nominations. A panel of five independent judges selects the annual honouree. Today, there are 34 RFK Laureates working in 20 countries . The 2005 nomination cycle is open as of January 1st, 2005 and will be closed on April 15th, 2005.

 

REPORTS & PUBLICATIONS
 
International

Statement: Round Table of National Human Rights Institutions and National Machineries for the Advancement of Women in Ouarzazate, Morocco from 15-19 November 2004
Representatives of national machineries for the advancement of women (NMs) and of national human rights institutions (NIs) from Australia, Bolivia, Cameroon, Costa Rica, Germany, Ireland, Kyrgyz Republic, Lithuania, Morocco, New Zealand, Panama, Paraguay, Uganda, and Zambia held a round table in Ouarzazate, Morocco, from 15 to 19 November 2004. The round table aimed to strengthen the capacity of national machineries for the advancement of women and national human rights institutions to promote and protect the human rights of women through the development of institutional links and joint strategies. The participants noted that this was the first time that representatives of the two sets of institutions had met to discuss ways and means for the promotion of gender equality and full implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Beijing Declaration and Platform for Action. The participants in the round table examined how NMs and NIs can better work together on the issues such as (1) the role of human rights education in promoting and protecting women's human rights; (2) enhancing enjoyment of human rights by disadvantaged groups of women; (3) institutional dimensions; (4) the role of national institutions in the implementation of the Convention on the Elimination of All Forms of Discrimination against Women: and (5) developing national action plans.

 

Joint NGO statement to OHCHR calls for stronger UN machinery for human rights
A joint written NGO statement calling for the effective functioning of human rights mechanisms and the adaptation and strengthening of the UN's machinery for human rights has been submitted to the Office of United Nations High Commissioner for Human Rights for discussion at its sixty-first session in Geneva from 14 March to 22 April 2005. The statement was submitted by Friends World Committee for Consultation (Quakers), Franciscans International, Amnesty International, the Association for the Prevention of Torture, Human Rights Watch, the International Commission of Jurists, the International Federation of ACAT, the International Federation of Human Rights Leagues and the International Service for Human Rights.

 

UN Human Rights Norms for Business: Briefing Kit
Written in consultation with unions, business and NGOs, the UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights (UN Norms), were adopted by the Sub-Commission on the Protection and Promotion of Human Rights in August 2003. While recognizing the primary role of States in guaranteeing human rights, the UN Norms identify the key human rights responsibilities of companies (Article 1). In doing so, the UN Norms create an important advocacy tool for NGOs, assist government efforts to establish compatible and socially beneficial regulatory regimes across national boundaries, and can be used as a benchmark for corporate conduct, helping corporations to improve their human rights performance. This common, minimum standard will create a level-playing field for all companies, while leaving ample scope for the more enlightened and progressive companies to adopt higher standards.

 

The right to education: Report submitted by the Special Rapporteur on the right to education, Mr. Vernor Muñoz Villalobos
The report is submitted in accordance with Commission on Human Rights resolution 2004/25 which extended for a further period of three years the mandate of the Special Rapporteur on the right to education. The present report is an overview of the activities and issues he plans to carry out and consider during his mandate. Following up on the work initiated by his predecessor, the Special Rapporteur intends to continue strengthening the human rights dimension of education by encouraging the shift from education policies that address education as an economic good to the right to education, which States have an obligation to implement and which is justiciable.

 

Migration and asylum policies in crisis: time for a rethink? Policy briefing from the World Institute for Development Economic Research
More people than ever before are migrating, or seeking to migrate, from regions afflicted by poverty and insecurity to more prosperous and stable parts of the world. Around 175 million people - 2% of the world's population - now live in a country other than the one in which they were born. Tougher immigration policies, however, have led to an expansion of illegal international migration and undermined the system of international refugee protection. A policy briefing from the World Institute for Development Economic Research argues that more needs to be done to understand the relationship between globalisation, migration pressures and the potential role of development assistance in reducing migration. The increase in international migration has been facilitated by the pressures and opportunities of globalisation: growing inequality in the level of development in different parts of the world; improved transportation, communications and information technology systems; the expansion of ‘transnational' social networks across geographic regions; and the emergence of a commercial (and sometimes criminal) industry devoted to moving people across international borders.


Maldives

Report: Human rights violations in the context of political reforms
This report presents the findings of a visit by an Amnesty International delegation to the Maldives from 9 to 14 October 2004. A draft of this report was sent to the government in December 2004 for their comments. The government's comments reached Amnesty International on 1 February 2005 and the present report reflects those comments. Amnesty International wishes to point out that this report contains information about the findings of the Amnesty International mission to the Maldives as was evident in October 2004. Since that time, some of the concerns expressed in the report have been addressed by the government.


Uganda

The Domestic Relations Bill in Uganda: addressing polygamy, bride price, cohabitation, marital rape, and female genital mutilation
Produced by Social Science Research Network (SSRN), this paper outlines many of the specifics of the Ugandan Domestic Relations Bill (DRB). The Bill addresses women's property rights in marriage and women's right to negotiate sex on the grounds of health, sets the minimum age of marriage at eighteen, prohibits FGM and criminalises widow inheritance. The authors uses a thorough explication of the particulars of the bill to exhort the Ugandan government to take responsibility for the discrimination and violence that many of its female citizens routinely suffer. The paper points out that much of Uganda 's progress in combating HIV/AIDS will be lost if the government continues to ignore the role of violence against women manifested. The DRB sets a minimum age of marriage, prevents coercion in marriage, defends married women's property rights, expands grounds for divorce, protects maternal custody, limits polygamy, criminalises domestic violence, and unifies national law. Nevertheless, the DRB does not address all legal inadequacies. The author concludes by urging that the reforms recommended in the Domestic Relations Bill, though only a beginning of what needs to be done, should be enacted without delay.


 

NEWS STORIES
ASYLUM

Churches told how to offer protection to asylum seekers
While the major political parties use migration and refugee issues as a political football in the run up to a UK general election expected in May, the leading church body working for racial justice in the UK has published fresh Guidelines for Churches offering Asylum Protection. The new guidelines have been revised and edited by the Rev Arlington Trotman, a Wesleyan Holiness Minister, and published by the ecumenical Churches' Commission for Racial Justice (CCRJ). The Guidelines acknowledge that the questions facing the UK about asylum policy occur in the context of over 30 million people forcibly displaced people living in exile from their countries of origin. But they point out that Britain ends up facing only a fraction of the problem. Guidelines for Churches Offering Asylum Protection is available for £4.99 from the CTBI Churches' Commission for Racial Justice.


CHILD RIGHTS

Awareness campaign needed to combat Child Marriage
Launching of awareness programmes and campaigns through the media the Integrated Child Development Services (ICDS), and involving the Panchayats as well as Legal Services Authorities, were some of the measures discussed at a meeting held to curb the wide spread prevalence of child marriages in parts of India. The meeting was convened by the National Human Rights Commission and included high ranking officials from the Legislative Department in the Ministry of Law and Justice,. the Department of Women and Child Development in the Ministry of Human Resources Development, Human Rights Division, Ministry of Home Affairs and National Commission for Women, also discussed the current status of the proposed new Bill titled 'Prevention of Child Marriage Bill 2004'. The Bill, which was introduced in Rajya Sabha (House of nominated members of Parliament or Upper House) on 20 December 2004 and which if approved, is expected to repeal the existing Child Marriage Restraint Act, 1929 (CMRA).

 

Children's Visions and Voices: Rights and Realities in South Africa
This project by the Children's Right Centre, South Africa , presents photography by children in South Africa representing situations where their rights are threatened and violated. Children were asked to document their lives using the camera lens, developing oral histories of their lives that were subsequently displayed in an exhibition titled Children's Visions and Voices: Rights and Realities in South Africa at the Durban Art Gallery . The project seeks to communicate the harsh realities facing underprivileged South African children by granting them the opportunity to document their daily lives with the camera lens. The organisers believe that this strategy of employing the child as a documentary maker to communicate about the violated and threatening situations they face exposes them to risks as they may feel vulnerable in those situations they seek to capture.

 

Unicef chief defends 'feminism' in aiding children
The outgoing director of the UN Children's Fund (UNICEF) responded to critics accusing her of "radical feminism," saying if women were not strong, their children would be in jeopardy. Carol Bellamy, a lawyer and former Peace Corps director under the Clinton administration, has been attacked by conservatives for furthering sex education for young people and endorsing access to emergency contraceptives (EC) for refugees. Even the British medical journal, The Lancet, has criticized her for allegedly sacrificing UNICEF campaigns for child survival to a radical rights-based agenda. "Women are central to UNICEF's mission in that their well-being directly impacts families and children," Bellamy told a news conference during a 10 year review session of the landmark world conference on women in Beijing . "If women are not strong, then families are not strong. If families are not strong, children are in jeopardy."


CRIMINAL JUSTICE

Human Rights Commission slams San rights violations
An enquiry into human rights violations among South Africa 's tiny Khomani San population has painted a bleak picture of a community suffering neglect and mistreatment at the hands of local authorities. The findings are the result a yearlong investigation by the Human Rights Commission (HRC), after receiving complaints of alleged police misconduct from the community. In January 2004 community members implicated two police officers in the killing of a Bushman master tracker, Optel Rooi, who was widely regarded as the leading trainer of young Khomani in traditional knowledge of the bush and tracking skills. While the HRC report acknowledged incidents of police abuse against the San community and called for prosecution of the police officers involved in Rooi's murder, it also slated the government for its apparent failure to provide support to this marginalised group, who continue to live in abject poverty.

 

JUVINILE JUSTICE

Human Rights Commission settles case against Government
The Northern Ireland Human Rights Commission (HRC) has settled its case against the Secretary of State on seeking access to the Juvenile Justice Centre in Rathgael, Bangor . The parties have now reached a settlement that allows the Commission access to the Centre by 1 May 2005. The Commission had sought a judicial review of the decision by the Northern Ireland Office not to grant it access rights to the Centre. The HRC wants to check whether the recommendations contained in its report 'In Our Care: Promoting the Rights of Children in Custody', published in March 2002, are being properly implemented. The report made a number of disturbing findings regarding the treatment of young offenders in the juvenile justice system. Since then, the HRC has been attempting to follow up this investigation but had been frustrated by the refusal of the Northern Ireland Office to allow the Commission's researchers to monitor the current regime.


HUMAN RIGHTS EDUCATION

Human rights information for police, military, guards in Fiji
Fiji 's President Ratu Sir Josefa Iloilo has launched a booklet with human rights information for police, soldiers and prison staff, to promote awareness of the country's Bill of Rights. Ratu Josefa said the Fiji military was responsible for the promotion of human rights, as well as the protection of national security. The Disciplined Services Handbook, prepared by the Fiji Human Rights Commission, outlines domestic and international human rights law. It will be distributed to police, soldiers and prison guards. This enables them to have quick reference to what human rights issues are involved in any particular situation.

 

A Human Rights Curriculum for Tertiary Institutions
A working group met in Nashik , India , from 1 to 3 March 2005 to finalise a draft human rights curriculum for tertiary institutions in Asia . The meeting brought together 15 representatives from the Commonwealth Secretariat, the Commonwealth Legal Education Association, the Commonwealth Human Rights Initiative, the Commonwealth Youth Programme Asia Centre and a number of Indian universities. The draft curriculum includes basic concepts of human rights and development, history and theory of human rights, rights and duties, human rights standards and humanitarian law.


MEDIA

Parliament should repeal laws that muzzle the press
The Kenya National Commission on Human Rights (KNCHR) has urged the Attorney General (AG) to draft Bill to be presented to Parliament to repeal other criminal and administrative laws that muzzle the freedom of the press in Kenya . While commending the AG for dropping criminal libel charges instituted against a Standard newspaper journalist Kamau Ngotho by the Minister for Internal Security Dr. Chris Murungaru, KNCHR Chairman Mr. Maina Kiai said laws such as Felony of Sedition, Criminal Libel, Preservation of Public Security Act, the Newspaper Act among other laws, are colonial relics that are only used in dictatorships and repressive societies.

 

Deaths of journalists in 2004: highest toll in a decade
Even in a year of combat casualties brought on by war, murder remained the leading cause of work-related deaths among journalists worldwide in 2004, an analysis by the Committee to Protect Journalists (CPJ) has found. Thirty-six of the 56 journalists who died in the line of duty in 2004 were murdered, continuing a long-term trend documented by CPJ. The organization's annual year-end analysis reinforced another trend—the killers usually go unpunished. In all but nine cases in 2004, CPJ found, the murders were carried out with impunity. Most of the journalists killed around the world each year are local reporters, photographers, editors, and camera operators covering events in their own countries, according to CPJ research. In 2004, nine of the 56 journalists killed were foreign correspondents.


NATIONAL/INTERNATIONAL HUMAN RIGHTS

Human Rights Commission probes affirmative action policies
THE Fiji Human Rights Commission has begun an investigation into the Government's affirmative action policies, two years after the Fiji Labour Party lodged a complaint against it. The Commission said the delay was because no resources were allocated last year to investigate this complaint. The commission was reacting to claims by Opposition Leader Mahendra Chaudhry that there has been lack of progress in the investigation of the party's complaint of racial discrimination by the Government under its affirmative action policies.

 

State must back rights
FIJI Human Rights Commission chairman Walter Rigamoto yesterday urged the Government to play a more leading role in the protection and maintenance of human rights in the country. Presenting a paper at the National Human Rights Mechanisms workshop at Nadi, Mr Rigamoto said one of the commission's most important challenges was to try to secure funding from the Government. Although funding for projects and operational activities were forthcoming from aid agencies, he said they continued to face difficulty trying to secure government funding.

 

Death of Amnesty International founder Peter Benenson
Peter Benenson, the founder of the worldwide human rights organisation Amnesty International, died on 25 February 2005. He was 83. Mr Benenson founded and inspired Amnesty International in 1961, originally as a one-year campaign for the release of six prisoners of conscience. The one-year Appeal for Amnesty was launched on 28 May 1961, in an article called The Forgotten Prisoners in the British newspaper The Observer . The catalyst for the original campaign was Mr Benenson's sense of outrage after reading an article about the arrest and imprisonment of two students in a café in Lisbon , Portugal , who had drunk a toast to liberty. But from there came a worldwide movement for human rights and in its midst an international organisation - Amnesty International - which has taken up the cases of many thousands of victims of human rights violations and inspired millions to human rights defence the world round. In the first few years of Amnesty International's existence, Mr Benenson supplied much of the funding for the movement, went on research missions and was involved in all aspects of the organisation's affairs.


PRISON REFORMS

Prisoners' and Victims' Claims Bill doesn't do prisoners or victims justice
The Prisoners' and Victims' Claims Bill of New Zealand fails to provide a suitable way to compensate victims of crime or to ensure the safety of prisoners, the Human Rights Commission, New Zealand told the Justice and Electoral Select Committee. The Commission's submission notes that the legislation focuses on limiting access to compensation for prisoners rather than on preventing mistreatment occurring. Victims of crime should be appropriately compensated, Chief Commissioner Rosslyn Noonan said, but that does not require or justify overriding the minimum human rights standards that prisons must meet. "In this legislation a victim's chance for compensation is effectively dependent on his or her abuser being abused in turn. The victim is then reliant on the abused prisoner making a claim for compensation that the prisoner knows they will likely never receive.

 

Human Rights Commission in call to improve investigations of Security Force killings
The Northern Ireland Human Rights Commission (HRC) called on the government to improve the way it investigates deaths caused by the police and security forces. It has welcomed a critical review by the Council of Europe's Committee of Ministers on how the UK government has responded to a number of judgments of the European Court of Human Rights (ECHR). The Committee reviewed a range of measures taken by the government to remedy failings identified by the Court in the investigation procedures concerning several persons killed by the RUC and the British Army. The Committee also examined circumstances giving rise to allegations of collusion between the security forces and those responsible for these killings. The European Court of Human Rights had found in six cases (Jordan, McKerr, Kelly and others, Shanaghan, McShane and Finucane) that the UK had violated Article 2 of the European Convention (the right to life) due to the failure to conduct effective investigations. The Committee of Ministers, reviewing the progress made by the UK government in rectifying these failings, called for immediate action to address these deficiencies in the investigations process and to ensure that similar violations cannot occur in the future.


RIGHTS OF THE DISABLED

National Human Rights Inquiry into Employment and Disability
The Human Rights and Equal Opportunity Commission (HREOC), Australia has launched a national Inquiry into employment for people with disabilities in Australia. Human Rights Commissioner and Acting Disability Discrimination Commissioner, Dr Sev Ozdowski, said equal opportunity for Australians with disabilities was a fundamental human rights concern as well as being a significant economic issue. “A range of studies indicate that Australians with disabilities are missing out on opportunities to develop and use their skills and capabilities, and to earn a decent living for themselves and their families,” said Dr Ozdowski. This national independent Inquiry will look at a broad range of barriers that face people with disabilities in seeking work, and issues for employers in recruiting, retaining or fully utilising employees with disabilities. Around 20% of Australians have some sort of disability. Only 53% of people with disabilities of working age are in the workforce, compared to 80% for other Australians. They have a higher unemployment rate than other Australian workers (8.6% compared to 5%) and lower incomes. The Inquiry will seek to consult and cooperate with government agencies, employers and people with disabilities, community groups, unions and employment service providers to put strategies in place to improve work opportunities for people with disabilities. The Inquiry aims to publish its findings and recommendations in November 2005.


TERRORISM

Justice Anand for concerted approach to deal with terror
Emphasizing on concerted steps to tackle terrorism and safeguard human rights, Justice A S Anand, Chairman of the Indian National Human Rights Commission, said that the fight against terror requires close cooperation of all countries both at law enforcement and judicial levels to put an end to illegal trafficking which feeds terrorist network. To clip the wings of terrorism, the international communities must target the routes of frustration as well as the feeling of injustice, he said while delivering key note at All Indian Criminology Conference.


WOMEN'S RIGHTS

No turning back: full implementation of women's human rights now!
At the Fourth United Nations World Conference on Women in September 1995 in Beijing , China , delegates from 189 countries committed themselves to upholding the equal rights and inherent dignity of women through the adoption of the Beijing Declaration. The 49th session of the UN Commission on the Status of Women, 28 February - 11 March 2005, undertook a review and appraisal of the Beijing Declaration and Beijing Platform for Action and the 2000 Outcome Document, focusing on implementation at the national level.

 

UN marks International Women's Day
The United Nations today marked International Women's Day throughout its many agencies and across its multiple front-line outposts around the world with calls for bolder action to promote gender equality and events ranging from a cancer prevention workshop in Colombia to a hairdressing contest in Russia to a rights seminar in Uganda . “New challenges have emerged,” Secretary-General Kofi Annan said in a message, noting the tangible progress that has been made since the Beijing conference on eliminating gender discrimination was held 10 years ago.

 

A tribute to nine human rights defenders
Ten years ago, the Fourth World Conference on Women was held in Beijing and the global community committed to fully recognizing women's rights as human rights. These commitments are currently being reviewed at the United Nations Commission on the Status of Women in New York . This International Women's Day, as the world evaluates its progress in promoting women's rights, it is fitting to pay tribute to some of the women who have made progress possible. The nine women have been selected, by Global Rights - a human rights advocacy group, because they have responded to their own personal experiences of rights violations by taking action to instigate change. Through their strength, vision and determination, the human rights of countless other women and men have been advanced.

 

Promoting gender equality in the Commonwealth Promoting gender equality in the Commonwealth
Ann Keeling, Director, Social Transformation Programmes Division, Commonwealth Secretariat presented the Commonwealth Plan of Action for Gender Equality 2005-2015 to the United Nations on 7 March 2005 for the Beijing+10 Review on behalf of Commonwealth Deputy Secretary-General Mr Winston Cox. This follows a meeting among Commonwealth ministers and senior officials from 50 countries in New York on 27 February 2005 to take forward the implementation of the Commonwealth Plan of Action for Gender Equality. This Commonwealth meeting was aimed at delivering a united message from members of governments. Delegates expressed their commitment to policies promoting gender equality and to advance women's rights and their full participation in society. The Commonwealth Plan of Action for Gender Equality focuses on critical areas as democracy, peace and conflict, human rights, the rule of law, poverty eradication, economic empowerment and HIV/AIDS.


 

   
   

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