Commonwealth Human Rights e-Newsletter: November 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: 'The role of a National Human Rights Institutions in Pro-Human Rights Policies: The Uganda Experience' by Mr. J.M Aliro Omara, Member - Human Rights Commission, Uganda
Content:

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

FORTHCOMING EVENTS

Commonwealth Human Rights Forum 2005 from 20 - 21 November, 2005 in Malta The Commonwealth Human Rights Forum (CHRF) is organised by the Commonwealth Human Rights Initiative in collaboration with Association of Commonwealth Amnesty International Sections (ACAIS) and Commonwealth Policy Studies Unit (CPSU). CHRF will bring together human rights activists from across the Commonwealth. To be held in Malta on 20-21 November 2005, it is timed to be just before the Commonwealth Heads of Government Meeting (CHOGM) to ensure that the outcomes of the CHRF are submitted to CHOGM. The theme of the CHRF is 'Networking for Human Rights'.

Workshop on Trafficking from 21-23 November, 2005 in Sydney, Australia The Asia Pacific Forum of National Human Rights Institutions (APF) and the Australian Human Rights and Equal Opportunity Commission will hold a training workshop on human trafficking for the APF's member institutions in Sydney from 21-23 November, 2005. The workshop will provide an opportunity for participants to share information and experiences about the policies, programmes and practices developed and implemented by national human rights institutions to combat trafficking. The workshop programme will be designed in consultation with members of the APF's Trafficking Focal Point Network.

Round table meeting on National Human Rights Institutions and Economic, Social and Cultural Rights from 29 November to 1 December, 2005 in New Delhi, India The National Human Rights Commission of India and the Office of the High Commissioner for Human Rights will co-host a Round Table Meeting on National Human Rights Institutions and Economic, Social and Cultural Rights in New Delhi from 29 November to 1 December 2005. The Round Table format is designed to provide for an informal dialogue among Chairpersons, Commissioners or senior level staff members of national human rights institution and is intended to provide for a free exchange of views and experience, which will help to generate thinking and identify areas on how to improve the delivery of economic, social and cultural rights in different national contexts.

E-learning courses in 2006 by Human Rights Education Associates (HREA) The registration process is now open for all HREA distance learning courses offered in 2006. Courses include HREA's annual courses on human rights advocacy; the United Nations human rights system; human rights-based programming; project development & management in the NGO sector; and human rights monitoring.

 

AWARDS,COMPETITIONS & INTERNSHIPS

Human Rights Watch honours Global Rights Defenders Human Rights Watch's highest honour in 2005, the Human Rights Defender Award, will go to three human rights activists from around the globe whose efforts illustrate major human rights challenges in the world. The three honourees for this year illustrate the limits of freedom of expression in the Middle East, the massive “ethnic cleansing” and injustice in Darfur, Sudan, and the plight of HIV/AIDS affected women in Africa. Human Rights Watch's global rights defender awardees are Omid Memarian, a journalist and web-blogger from Iran, Salih Mahmoud Osman, a lawyer and human rights activist from Darfur, and Beatrice Were, an advocate for the rights of women and children affected by HIV/AIDS in Uganda. “Our 2005 honorees exemplify the highest ideals of the human rights cause—courage, objectivity, and an unflinching commitment to justice,” said Kenneth Roth, executive director of Human Rights Watch.

Martin Ennals Award for Human Rights Defenders This award is granted annually to someone who has demonstrated an exceptional record of combating human rights violations by courageous and innovative means. The prize aims to encourage human rights defenders who are in need of protection. The value of the award is 20,000 Swiss Francs, to be used for further work in the field of human rights. The Martin Ennals Foundation represents a worldwide collaboration among eleven human rights NGOs. Nominations for next year's award should reach the Martin Ennals Foundation (MEF) by 9th December.

Nigerian Lawyer awarded Human Rights Prize Hauwa Ibrahim, Nigerian lawyer and human rights activist, is one of three recipients of the European Parliament's 2005 Sakharov Prize for Freedom of Thought. Ibrahim has been courageously defending people (mainly women) “condemned under sharia law to horrifying punishments (lashing, stoning, and amputation),” according to the European Parliament. Best known for her defense of Amina Lawal, who faced stoning to death as a sentence for adultery, Ibrahim has defended many condemned people. Ibrahim was also the first woman national publicity secretary of the Nigerian Bar Association, and wrote the first draft (2002) of the constitution for the Pan African Lawyers Union.

 

REPORTS & PUBLICATIONS

Commonwealth

Police Accountability : Too Important to Neglect, Too Urgent to Delay Commonwealth Human Rights Initiative's (CHRI) 2005 Report, Police Accountability: Too Important to Neglect, Too Urgent to Delay will be launched by the Commonwealth Secretary General in Malta on 22 November, 2005. Policing and safety issues are increasingly growing in importance for both governments and individuals, and pose some of the most significant human rights challenges in the Commonwealth, says CHRI. In addition to describing some of the problems of police misconduct across the Commonwealth, CHRI 's Police Accountability Report provides a comparative overview of accountability arrangements, highlights good practice, and gives recommendations for reform to assist governments, police officials, and civil society in the development and strengthening of effective accountability regimes as part of the move towards truly democratic policing. It argues that an effective system of police accountability is based on the principle of multiple levels of accountability: to the government, to the people, and to independent oversight bodies; within a supportive legislative and policy framework.

Gender Mainstreaming in Conflict Transformation: Building Sustainable Peace This is the latest title in the Commonwealth Secretariat's Gender Mainstreaming Series, which highlights Commonwealth Secretariat and partners' work in the area of peace and conflict management. This publication brings together a body of work into an advocacy, capacity-building and policy tool to contribute to gender mainstreaming in all processes of conflict transformation and in building sustainable peace. It argues that gender equality needs to be placed on the policy and programme agenda of the entire spectrum of peace and conflict-related initiatives and activities in order to achieve conflict transformation. As one of the Commonwealth Secretariat's publications on gender mainstreaming in key development issues, it will be of interest to those working to achieve gender equality, peace, democracy and sustainable development, particularly in situations of armed and other forms of conflict.

International

Human Security Report 2005 There has been a ‘major decline' in armed conflicts, genocides, human rights abuses, military coups and international crises since the early 1990s, according to the latest Human Security Report launched by the Human Security Centre. Funded by five governments, published by Oxford University Press, and three years in the making, the report tracks and analyses trends in political violence around the world. The first Human Security Report documents a decline in the number of wars, genocides and human rights abuses over the past decade. It shows that most forms of political violence have declined significantly since the end of the Cold War and finds that the best explanation for this decline is the huge upsurge of conflict prevention, resolution and peace-building activities that were spearheaded by the United Nations in the aftermath of the Cold War. Among the key findings are: the number of armed conflicts has declined by more than 40 percent since 1992 - the deadliest conflicts (those with 1,000 or more battle-deaths) have dropped even more dramatically, by 80 percent; and the number of military coups and attempted coups has declined by some 60 percent since 1963, from 25 coups or attempted coups in 1963 to 10 in 2004.

Guidelines for Gender-based Violence Interventions in Humanitarian Settings - Focusing on Prevention of and Response to Sexual Violence in Emergencies Developed by a coalition of United Nations agencies, academic institutions, and local and international NGOs, the guidelines outline a range of activities to be undertaken by a variety of actors working in different sectors. The activities include: putting women in charge of emergency food distribution to minimize the risk of sexual exploitation and abuse; working with displaced communities to make sure women are not vulnerable to attack on their way to latrines or to collect fuel wood; and providing medical care and psychological support for victims of sexual violence.

Human Rights Handbook for Ghanaian Journalists by Sarah Kelsey & Ben Peterson Published by Journalists for Human Rights (JHR), this handbook discusses the concept of human rights. What are human rights? What is the moral grounding of human rights? Why believe in human rights? What are the limits of human rights? Topics include: civil and political rights; economic, social and cultural rights; group and communal rights; history of human rights in the developing world; quick tools for reporting human rights abuses; and how human rights are protected.

The Media and Children's Rights - A resource for journalists by journalists Commissioned by UNICEF and based on the practical experience of working journalists, this handbook is an attempt to assist media professionals and others to consider how the United Nations Convention on the Rights of the Child might impact upon the way children are represented in and by the media. Its purpose is to generate responsible coverage of children and the impact of adult behaviour and decisions on their lives, as well as to encourage media professionals to consider how best to protect the rights of children and help children to play a role in the mass media.

UN Human Rights Standards and Mechanisms to combat Violence against Children: A contribution to the UN Secretary General's study on Violence against Children Produced by UNICEF Innocenti Research Centre, this paper draws upon the human rights framework set out in international instruments adopted by the United Nations with relevance to the right of children to freedom from violence. It also describes how the Treaty Bodies established to monitor implementation of these instruments and other UN human rights mechanisms have addressed the issue of violence against children. Given that violence touches most aspects of children's lives, this publication follows the principles of the UN Study in identifying human rights obligations which both directly and indirectly address the issue of violence against children.

Failing our children: barriers to the right to education This paper, produced by Human Rights Watch examines barriers to education such as fees, the impact of HIV and AIDS, discrimination and lack of access, violence, child labour and gender-specific barriers. It also provides an assessment of the legal standards related to educational access. This report is based on more than thirty investigations conducted by Human Rights Watch in over twenty countries since 1998. It is based on interviews with hundreds of children who were out of school, faced barriers to gaining access to education, or had experienced abuses in the educational system, as well as members of their families, nongovernmental organisations and other advocates, officials, and other sources.

Australia

Not for Service: Experiences of injustice and despair in mental health care in Australia “Australia's mental health system is in crisis and can only be fixed by Federal, State and Territory Governments showing strong leadership on the issue and providing more resources for mental health services,” said Dr Sev Ozdowski, Human Rights Commissioner, at the launch of a new report by the Mental Health Council of Australia and Brain and Mind Research Institute in association with the Human Rights and Equal Opportunity Commission (HREOC) titled ‘Not for Service: Experiences of injustice and despair in mental health care in Australia'. “Australia has made a commitment under international human rights law to provide the ‘highest attainable standard' of mental health care. This commitment means that Australia should be setting the example for other countries to follow. However, this report demonstrates that while we have made many advances, there is still a long way to go,” Dr Ozdowski said. This report captures the persisting, distressing and daily experiences of inadequate mental health and community care. It details personal stories of people with mental illness, and their families and carers. Such stories are often excluded from other national reports. The report also includes the strong views of doctors, nurses, psychologists and other professionals who provide mental health services in Australia. The findings of this report are supported by a substantial body of evidence contained in reports from parliamentary inquiries, ministerial reports, and independent assessments which point to the systemic problems with mental health care services in Australia. Also read Opinion piece by Dr Sev Ozdowski ' Mental health problem is clear, so is the solution'

Face the Facts – countering myths about refugees, migrants and Indigenous people Australian Aboriginal and Torres Strait Islander Social Justice Commissioner and Race Discrimination Commissioner Tom Calma launched a new publication titled Face the Facts, which provides factual, easy-to-read information about refugees and asylum seekers, migration and multiculturalism and Indigenous people. “In the current environment of fear and insecurity, it is more important than ever that our multicultural values of mutual tolerance, social equity and respect for cultural and religious diversity are maintained,” Mr Calma said. The publication was first released in 1997 and is one of the Commission's most popular resources. It is used by teachers and students as an education resource, and by members of parliament, journalists and community groups.

Canada

A Matter of Rights – A Special Report of the Canadian Human Rights Commission on the Repeal of Section 67 of the Canadian Human Rights Act While issuing the report ‘Matter of Rights', the Canadian Human Rights Commission urges Parliament to immediately repeal a section of the Canadian Human Rights Act that denies some First Nations people the ability to file complaints with the Commission. Chief Commissioner Mary Gusella stated: “First Nations people living on-reserve are the only group of people in Canada who are legislatively excluded from filing human rights complaints in some circumstances. This situation is an embarrassment to Canada. How can Canada , in good conscience, promote respect for human rights both at home and abroad while excluding First Nations people from full human rights protection?” Under section 67 of the Canadian Human Rights Act (CHRA), the rights of people living in on-reserve communities are denied. Section 67 excludes them from filing a complaint with the Commission relating to any action arising from or pursuant to the Indian Act. Section 67 was included in the Canadian Human Rights Act when it was first drafted in 1977. The reason given at the time was to allow the government time to address issues regarding sexual discrimination against women who married non-Indian men. It was to be a temporary measure. However, 28 years later, despite repeated requests by the Commission for repeal, section 67 is still in the CHRA. The Special Report notes that section 67 is arguably contrary to the Canadian Charter of Rights and Freedoms as well as several international human rights instruments to which Canada is a party.

New Zealand

Mental Health Law in New Zealand ‘Mental Health Law in New Zealand' - 2nd edition is co-authored by Sylvia Bell, Director of Research, Human Rights Commission, New Zealand and Warren Brookbanks. This book is a guide to the interaction between the mental health system and the law in New Zealand . This book displays an understanding of the complex clinical realities that arise in this area of medical practice, and is aimed at mental health professionals, psychiatric social workers, caregivers, advocacy groups, lawyers, and medical, social science and law students. While this edition broadly covers the same material as the 1st edition, the text has been updated by incorporating important statutory and case law developments in the intervening period.

The Accessible Journey: Report of the Inquiry into Accessible Public Land Transport ‘The Accessible Journey': Report of the Inquiry into Accessible Public Land Transport was released by the Human Rights Commission, New Zealand. The decision to hold an Inquiry was prompted by the experiences of disabled people who came to the Commission seeking enforcement of their right not to be discriminated against in the provision of public transport. Many disabled people without accessible public transport are trapped in a lifetime sentence of poverty, marginalisation and dependency says Chief Commissioner Rosslyn Noonan. The Human Rights Commission is committed to supporting the implementation of this Inquiry's recommendations. The report recommends comprehensive mandatory accessibility standards for buses, trains, footpaths, bus stops, shelters, stations and other transport infrastructure. It also recommends legislation to require central, regional and local government to involve disabled people in public transport planning. The Inquiry also found that New Zealand compared poorly with other countries in relation to progress on accessible public land transport. Research showed that Australia , the UK , the US and the European Union have introduced mandatory accessibility standards as the most effective way of ensuring a high level of consistency of land transport services.

United Kingdom

Labour Migration and Employment Rights The Institute of Employment Rights' (IER)'s recent publication Labour Migration and Employment Rights examines present immigration and employment law and policy affecting migrant labour and concludes they are failing to protect the most vulnerable workers in the UK. The report asserts an employment rights approach to the examination of immigration law and policy on the admission and treatment of migrants and re-examines the effectiveness of employment law in protecting and enforcing the rights of migrant labour. The report documents the principal international instruments, which relate to the position of migrant workers and embody a rights based approach to labour migration. It recommends a formal review of UK policy to ensure further ratification, compliance and the adoption of rights based approach to ensure that principles such as the right to work, the recognition of the right to change employer and the rights of family reunion are recognised as basic rights for all workers in the UK.

 

NEWS STORIES

ANTI-TERRORISM

HREOC President says anti-terrorism bill needs debate on practical considerations before it is too late President of the Human Rights and Equal Opportunity Commission, Australia , John von Doussa QC, stressed the need to stop and consider the practical implications of the Anti-Terrorism Bill 2005 and the context in which it will operate before it is passed as law. “What concerns me most about the current version of the anti-terrorism bill is what happens after a person is first detained or served with a control order and their liberty is restricted. International human rights law requires that a person who is detained must have the right to challenge this detention in a court without delay. Review before the court needs to include: consideration of whether the order is based on a correct understanding of the facts; whether the detention is fair; whether it is reasonably necessary in the circumstances; and whether it is proportionate to the goal of protecting national security. The current form of the bill simply fails to meet these basic guarantees.”

Eminent Jurists begin global inquiry into human rights and counter-terrorism The International Commission of Jurists (ICJ) has asked eight of the most respected international jurists from different regions of the world to lead a global inquiry into the impact of fighting terrorism on human rights and the rule of law. “Governments are adopting ever-new counter-terrorism measures and claim that ‘the rules' have changed”, said Nicholas Howen, ICJ Secretary-General. “The ICJ has set up an independent Eminent Jurists Panel on Terrorism, Counter-terrorism and human rights to investigate whether these often profound changes in law and practice can be justified.” Over the next 18 months, the Panel will hold hearings in countries in all regions around the world to assess the implications of new laws and policies adopted to fight terrorism before preparing a final global report. It will evaluate whether current counter-terrorism measures are necessary and proportionate under international law or are excessive, undermining basic human rights and the rule of law.

CHILD RIGHTS

United Nations Third Committee (Social, Humanitarian and Cultural) concluded discussion of Promotion, Protection of Children's Rights Governments worldwide were adopting national strategies and programmes to improve health care, education, social services and legal protection for the youngest members of their societies in hopes of achieving the objectives of the Convention on the Rights of the Child and its Optional Protocols on children in armed conflict, and on the sale of children, child prostitution and child pornography, representatives told the Third Committee (Social, Humanitarian and Cultural) as it concluded its discussion of the promotion and protection of the rights of children. Debate focused on National Strategies to Improve Health Care, Education, Social Services, Legal Protection for youngest members of society.

Millions of children separated from families around world need standard protection, UN says The millions of children who live in foster care or are separated from their families are most at risk for abuse and exploitation, and universal standards are needed for dealing with the problem, said the Senior Adviser on Child Protection for the United Nations Children's Fund (UNICEF), Alexandra Yuster. Children without parental care are more vulnerable to physical abuse, hazardous child labour, sexual violence, HIV and trafficking as well as being deprived of access to basic needs, such as food, clothing, education and accommodations,” she said in a statement at a conference for the independent group of experts that make up the Committee on the Rights of the Child (CRC) held in Geneva. Children without any form of care are among those most at risk for abuse and exploitation and some 1.2 million children are trafficked every year, and 2 million children work in the commercial sex industry. She welcomed the CRC's recommendation to come up with a set of detailed and comprehensive guidelines that would “clarify good practices, prevent abuse and establish responsibilities and accountability” for dealing with children separated from their parents around the world.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

'Voices of Australia' – stories of the good and bad faces of race relations in Australia over the past 30 years Acting Race Discrimination Commissioner Tom Calma and the Attorney-General, The Hon. Philip Ruddock MP, launched the 'Voices of Australia' project in Canberra on 31 October, 2005 to mark the 30th anniversary of the Racial Discrimination Act - Australia 's first anti-discrimination law. “Thirty years on, the Racial Discrimination Act continues to give significant protection to many people who would otherwise be unable to enjoy the same rights as others because of their racial or ethnic background,” said Mr Calma. The 'Voices of Australia' project features a collection of real-life stories about diversity and living together in contemporary Australia as well as other information about the Racial Discrimination Act. Almost 500 stories were received from people of all ages and backgrounds from around the country. In the coming months, the Commission will also be producing complementary curriculum-linked education resources for primary and secondary school students to support classroom discussion of racial issues. The ‘Voices of Australia' resources will be distributed to community groups, schools, libraries, local councils, religious groups, government agencies and the general public.

SUHAKAM says Federal Court lost an opportunity The Human Rights Commission of Malaysia (SUHAKAM) views with disquiet the decision of the Federal Court on 11 October 2005 dismissing the Malaysian Bar's application for leave to appeal against the decision of the Court of Appeal. In a media statement, SUHAKAM stated that with such dismissal the apex and most important Court of the country has lost an opportunity of importance and public advantage to deliberate and decide for the first time a grave constitutional issue of apparent conflict between two articles of the Federal Constitution which relate to the non-interference by Parliament with the Judiciary (Article 127 of the Federal Constitution) and the non-interference by the Executive (Article 125 of the Federal Constitution, which provides for the removal of a Judge by a tribunal of Judges) and Article 10 on the freedom of speech for everybody. The same right is entrenched in Article 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

Where the UN is winning – an article by Gareth Evans Despite its tarnished image, the United Nations is still playing a vital role in reducing global conflict, writes Gareth Evans. Gareth Evans is president of the International Crisis Group. He was Australian foreign minister from 1988 to 1996. In an article in The Age, he states that this 60th anniversary year has been a hugely disappointing one for the cause of United Nations reform. The need for change was almost universally recognised: some key institutions such as the Security Council no longer represented the world as it was; others like the Human Rights Commission were dysfunctional or worse; management systems were locked in a time warp; debating chambers were moribund; development support was lagging way behind needs; and the arms control agenda completely stalled. And blueprints for repair and reconstruction on all fronts were ready as never before. But at last month's global summit, hopes and expectations mostly turned to dust. The embrace of the "responsibility to protect" principle, recognising limits to state sovereignty when governments put their people's lives at risk, was a shaft of light.

RIGHT TO INFORMATION

You have right to information in India The Right to Information Act (RTI), that gives legal rights to people to seek information from the government and curb corruption, came into force on 12 October, 2005, placing India among 55 countries that have such legislation. The Act, passed by the Indian Parliament in the last Budget Session and given Presidential assent on June 15, is aimed at bringing transparency and accountability in the functioning of public authorities. An article in The Tribute comments that the legislation is aimed at curbing corruption and inefficiency in the government at various levels as it brings within its ambit Central and State administrations, panchayats, local bodies and non-governmental organisations getting public funds. Under the Act, the authorities are required to respond to queries in as little as 48 hours, on issues related to life and liberty. The Act, however, exempts security and intelligence organisations from its purview. Matters relating to security and strategic issues, the Intelligence Bureau, Research and Analysis Wing (RAW), Directorate of Revenue Intelligence, para-military forces and other bodies dealing with the country's security will therefore not fall in the public domain. The law promises prompt accountability and transparency as it provides for hefty fines and disciplinary action against erring officials. According to the Act, the Centre has to appoint a Central Information Commission comprising a Chief Information Commissioner and Central Information Commissioners, not exceeding ten, as may be deemed necessary.

WOMEN'S RIGHTS

Can you imagine a world without violence against women and girls? - Amnesty International's Imagine a World Imagine a world where women and girls are free from gender-based violence and discrimination, a world in which women can fully participate in the political, economic and social life of their communities. Imagine a world in which women and girls no longer have to fear violence or the threat of violence simply because they are women. As part of their global campaign to stop violence against women, t his is the question that Amnesty International UK is asking everyone - men, women and children and young people from all over the UK and to imagine a world without violence against women and girls. The responses will form part of an exhibition to be launched on 25 November.

 

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