Commonwealth Human Rights e-Newsletter: October 2004   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.

Content:

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

FORTHCOMING EVENTS

EUMAP-HREA Call for Papers: Information for Human Rights by 15 October 2004 EU Monitoring and Advocacy Program (EUMAP) in collaboration with Human Rights Education Associates (HREA) is seeking articles and opinion pieces on the most topical and important issues regarding information and human rights. EUMAP invites papers on the general topic of information for human rights, and on specific uses of information to defend and promote human rights. Quality papers will be featured on the EUMAP's website ( www.eumap.org ) with the intention of framing and encouraging debate on this issue. Papers in English should be between 1,500-2,000 words. Accepted authors will receive an honorarium of EUR 200. Papers should be submitted by 15th October 2004. Please send your papers to submissions@eumap.org . Contact person: Alphia Abdikeeva.

Call for proposals for Africa by 1 November 2004 Mama Cash is looking for proposals of African women's groups that contribute to advancing women's rights within peace and security and economic justice issues in Africa . Mama Cash is looking for proposals that strengthen women's economic rights in the areas of Property rights, inheritance laws and access to land;Participation and awareness raising of women in national and international economic policies, legislation, decision making and debates; Rights to public services (health, housing, water etcetera); Labour rights (equal pay, ending sexual harassment, right to organize and breaking gender stereotypes connected to work); conomic consequences of rural/urban migration; Network activities to enhance partnerships among women's groups working on economic justice issues. Deadline for submission is 1 November 2004. Mama Cash grants range from 5,000 to 15,000 euros.

Seminar on ' Realising Rights - implementing human rights through litigation' in London from 14-19 November 2004 This British Council seminar will examine ways of improving the skills of lawyers and judges in human rights litigation in international and domestic courts. The seminar will also examine the role of international human rights standards within domestic legal systems.

Seminar on 'Disability and Human Rights' in London from 28 November to 3 December 2004 This seminar combines theoretical explorations of the issue of disability and human rights with the concerns of the international disabled peoples’ movement, within the context of the proposed new Convention, providing an important opportunity to promote essential dialogue between diverse stakeholders. The British Council seminar promotes a synthesis of theory and practice, with the overarching aim of advancing the effective enjoyment of human rights through the application of existing instruments as well as the proposed new Convention. If a new international legal instrument is to achieve what the UN’s human rights framework has thus far been unable to ensure, the process of its development must be informed by, and account for, the lived experience of disabled people.

AWARDS

Thomas J. Dodd Prize in International Justice & Human Rights This award aims to honour an individual or a group who has made a significant effort to advance the cause of international justice and global human rights. Named after the former Connecticut Senator and legal counsel at the Nuremberg Trials, the bi-annual award carries a cash prize of USD $75,000 and a commemorative bronze bust of Thomas J. Dodd. The deadline for nominations is 1 November, 2004.

Reebok Human Rights Award for young human rights activists The Reebok Human Rights Award recognises young activists who have made significant contributions to human rights causes through non-violent means. The Award aims to generate positive international attention for the recipients and to support their efforts. Since 1988, more than 60 recipients from over 35 countries have received the award. Honourees, who are 30 years of age or younger, receive a $50,000 grant from the Reebok Human Rights Foundation to further their work. Nominees are submitted from around the world by prominent individuals in the human rights community and by non-governmental organisations. The deadline to apply is 31 December, 2004.

REPORTS & PUBLICATIONS

Afghanistan

Report shows improvements in Afghanistan – but many children still suffer The first comprehensive study of the situation of children and women in Afghanistan in nearly a decade has been released by Unicef. It shows that fewer infants are dying and more children are going to school. But it also shows that the majority of the country still has no access to clean water, and mortality rates remain high. More than 20,800 households were involved in the nationwide statistical survey, which was carried out by the Afghanistan Central Statistical Office with support from UNICEF. All 32 provinces were covered, although a small number of areas were still too dangerous and inaccessible to reach.

Africa

Facing the future together: Report of the Secretary-General's task force on women, girls and HIV/AIDS in Southern Africa This UNAIDS report, from the Secretary-General's Task Force on Women, Girls and HIV/AIDS in Southern Africa, presents empirical data on the scale and character of the pandemic in nine countries in Southern Africa with the highest HIV prevalence rates. As the majority of young people aged 15-24 living with AIDS in these countries are women, the report calls for an end to gender inequality, which is key to the spread of HIV among women. The report identifies six areas where urgent intervention is needed: girls need to be protected from the risk of HIV infection by older men; active measures must be taken to keep girls in school; women and girls must be protected from exposure to HIV infection as a result of violence; the rights of women and girls to own and inherit land must be protected; a volunteer charter is needed to recognise and protect women and girls as care-givers; and the barriers that prevent women from gaining access to medical care and treatment must be eliminated. The authors call for a shift in how women are perceived and treated in order to end the gendered disparity in HIV prevalence rates.

Commonwealth

Scaling up girls' education: Towards a scorecard on girls' education in the Commonwealth A paper commissioned by the Commonwealth Secretariat from the 'Beyond Access Project', aims to chart aspects of the political, economic and social contexts in which scaling up of girls' education will take place in Commonwealth countries in Africa and considers what the implications of these contexts are for projects and programmes. The paper develops a scorecard to map Commonwealth countries in Africa with regard to the policy and social environment for girls' education. It argues for the need for a publicly accountable criterion of what has been achieved and what needs to be done drawing on existing data sources and presents one way of developing a scorecard on this. It looks at four case studies of how salient features of the political, economic and social context that appeared as important from the scorecard approach play out in local level examples of initiatives in primary and secondary education to promote access and retention. It also considers the implications of the case studies for the scorecard methodology and suggests some supplementary methodologies and measures that could contribute to a revised form of scorecard being developed as an accountable method of mapping progress.

India

Discouraging Dissent: Intimidation and harassment of witnesses, human rights activists, and lawyers pursuing accountability for the 2002 communal violence in Gujarat As the courts hear cases stemming from the anti-Muslim riots of March 2002, the authorities in Gujarat are intimidating rather than protecting witnesses who seek to bring the perpetrators of the violence to justice, Human Rights Watch said in a new report. The central government in New Delhi must take immediate steps to ensure the protection of the victims and witnesses of the riots and their advocates. The 30-page report, Discouraging Dissent: Intimidation and Harassment of Witnesses, Human Rights Activists and Lawyers, documents how Hindu extremists have threatened and intimidated victims, witnesses and rights defenders who are fighting for the prosecution of those responsible for the killing and injury of Muslims during the riots.

International

Gender and Education for All: The Leap to Equality In two years time, by 2005, gender disparities in enrolment in primary and secondary education should be eliminated. This is the commitment the international community made at the World Education Forum in Dakar in April 2000. At the time, 57% of the 104 million children not in school were girls and two-thirds of the 860 million adults without literacy were women. Education is a right. This requires equal access to good-quality education for all; a learning process in which girls and boys, women and men, have equal chances of fully developing their talents; and outcomes that bestow social and economic benefits on every citizen without discrimination. These benefits are immense and they are attainable. As this report, commissioned by UNESCO , points out, there are policies and strategies which can put all societies on the educational path to gender equality, as those states which are well down this road can testify.

Implementing the human right to food: domestic obligations and the international trade in agriculture This is a report of an inter-sessional workshop organised by Rights and Democracy on September 11, 2003 in Cancun, Mexico on the occasion of the 5th WTO Ministerial Meeting, submitted to the UN Food and Agriculture Organisation Intergovernmental Working Group for the elaboration of a set of voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security. The goal of this meeting was to address the efforts of national governments to meet their commitments under the International Covenant on Economic, Social and Cultural Rights (ICESCR) while also complying with the requirements of international trade agreements such as the WTO Agreement on Agriculture (AoA). The right to food is not simply just a matter of social justice - it is international law binding on the 147 states that have ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR). An intrinsic component of a human rights framework for food security is the obligation of national governments to produce a legislative response to the goal of the realisation of the right to food. Although some 20 countries have embedded the right to food in national legislation and even - as is the case with South Africa - in their constitution, these legal protections mean nothing when there is no viable means to claim them. There are precedents illustrating that the right to food can be claimed through judicial process.

Water Justice for All: Global and local resistance to the control and co modification of water This report by Friends of the Earth International (FOEI) explores the issue of global water justice. It examines different countries' access to and management of water resources through the perspectives of Friends of the Earth International's (FOEI) country offices. Chronicling experiences in Malaysia, Uruguay, Indonesia, Bolivia, Peru, France, Sri Lanka, Middle East, Paraguay, Canada, Belgium, Norway, Australia, Switzerland, the report argues that the privatisation of water sources around the world is a growing problem. Specifically, international financial institutions are linking their loans to pressures to privatise, benefiting multinational water corporations.

Report of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities on its fourth session In its Resolution 58/246, the General Assembly decided that the Working Group would present its draft text to the Ad Hoc Committee at its third session from 24 May to 4 June 2004, and that the Ad Hoc Committee would start its negotiation on a draft convention during that session. The Resolution also decided that the Ad Hoc Committee would hold a fourth session prior to the 59th session of the General Assembly from 23 August- 3 September 2004. At its third session, the Ad Hoc Committee decided to forward to its fourth session for its consideration a compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee of the draft Convention.

Too Young to Wed: The Lives, Rights, and Health of Young Married Girls Despite international agreements and national laws to end the practice of marrying girls younger than 18, child marriage thrives throughout the developing world, posing serious health risks to tens of millions of young girls, including a greater risk of contracting HIV/AIDS, a new International Center for Research on Women report warned. The report, "Too Young to Wed: The Lives, Rights, and Health of Young Married Girls," said because early marriage often leads to early childbearing, married girls are subjected to severe health complications associated with pregnancy and childbirth, such as obstructed labour or obstetric fistula. The report cites evidence showing married girls are more likely to be HIV-positive than their unmarried peers, disproving the belief that early marriage can curb HIV infections among young girls. The report also stated that early marriage threatens to push developing countries deeper into poverty, as young married girls lacking a formal education and jobs skills are less likely to participate in the workforce.

Commissions and Conflicts: Briefing Papers on the Role of National Human Rights Institutions in Conflict Situations The Paris Principles on National Human Rights Institutions are minimal standards adopted a decade before the September 11th. According to this briefing produced by the Asian Centre for Human Rights t hey are inadequate to deal with the human rights challenges posed by the counter terrorism measures being taken in the post September 11th period where absolute prohibition on torture is being openly questioned. Most NHRIs do not even comply with the Paris Principles. Many are just policy and research institutes; and do not have quasi-judicial powers either to intervene in individual cases or to “summoning and enforcing the attendance of witnesses and examine them on oath; discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office and issuing commissions for the examination of witnesses or documents” for adjudication of the complaints. Yet, loose interpretation of the Paris Principles on NHRIs has opened the floodgates for membership to the International Co-ordinating Committee (ICC) of the NHRIs and Asia Pacific Forum (APF) of NHRIs, which claim to stress on compliance with the Paris Principles for membership.

Children on the Brink 2004: A joint report of new orphan estimates and a framework for action Millions of children are growing up without parents. Millions more are in households with family members sick or dying from AIDS; children in sub-Saharan African have been hardest hit. Children on the Brink 2004, a joint report by UNAIDS, UNICEF and USAID,presents the latest statistics on historical, current and projected numbers of children under 18 who have been orphaned by AIDS and other causes. This edition of the biennial report underscores the changing needs of this vulnerable group as they progress through adolescence and calls for the urgent development and expansion of family and community support.

Kenya

Rural poverty, property rights and environmental resource management in Kenya This study by International Centre for Theoretical Physics - Ecological and Environmental Economics Programme (ICTP-EEE) investigates the relationship between rural poverty, property rights, and environmental resource management in a semi-arid region of Kenya using survey data, using a combination of robust regression methods. It argues that reduced environmental degradation will increase agricultural productivity, and which will then translate into lower levels of poverty as incomes and consumption expenditures rise. It also suggests that environmental quality, productivity and poverty are unaffected by property right regimes.

New Zealand

First report on state of human rights: children and young people suffer most Children and young people are most at risk from human rights abuses in New Zealand. That is the major finding in the first-ever comprehensive report on the state of human rights in New Zealand. Chief Human Rights Commissioner Rosslyn Noonan said that better protection of children and young people was a major human rights challenge for everyone. The report, Human Rights in New Zealand Today, concludes that New Zealand meets most international human rights standards. Over five thousand New Zealanders contributed to the report that identifies where New Zealand must do better. “The fundamental right to be who we are and to be respected for who we are - whether a disabled person, Pakeha, Maori, Pacific, Asian, gay, lesbian, a transgender or intersex person, male, female, young or old - is still not a reality for all New Zealanders. The conclusions of Human Rights in New Zealand Today are being used as a basis for developing the New Zealand Action Plan for Human Rights (NZAPHR), which will be released in December. New Zealanders will be given an opportunity to have their say on the report through a public engagement process, taking place over the next two months.

Northern Ireland

Investigating deaths in hospital in Northern Ireland: Does the system comply with the European Convention on Human Rights? The Northern Ireland Human Rights Commission published a paper on the human rights issues associated with investigating deaths in hospital. Whilst the paper sits within broader research being carried out by the Commission into how deaths are investigated in Northern Ireland, the Commission recognises that health care has not yet benefited from the level of debate which has proven so worthwhile in other contexts of death investigation. The Commission hopes that this report will act as a catalyst for further detailed public debate which will inform its future work on this area.

Views on the Northern Ireland Human Rights Commission and its work: Summary of Opinion Survey 2004 In January 2004 Market Research Northern Ireland (MRNI) was asked by the Northern Ireland Human Rights Commission to undertake its third survey of public opinion. The objective of the survey, completed in March, was to gauge opinion in two areas (i) awareness of human rights and satisfaction with the Commission and its work; and (ii) issues relevant to making a Bill of Rights for Northern Ireland, a key project for the Commission. This document summarises the survey findings in relation to the first area, awareness of human rights and satisfaction with the Commission and its work; it looks at relevant comparisons with the Commission's two previous surveys of 1999 and 2001.

South Asia

Casebook on Economic, Social and Cultural Rights in South Asia INTERIGHTS and the Centre for the Study of Developing Societies (CSDS) in Delhi are currently working on the first casebook on regional developments in human rights law across South Asia. To be published in early 2005, the Casebook will be invaluable for practitioners across the region and beyond. It aims to disseminate human rights information, to foster intra-regional dialogue on human rights law and to build capacity for comparative jurisprudence. The Casebook focuses particularly on the intersection of human rights law and poverty, access to justice, effective litigation strategies and the rights of marginalised groups. Compiled by an international team of human rights lawyers and academics, the Casebook will be ideal for use by lawyers, academics, activists and students of human rights law.

 

NEWS STORIES

ANTI-TERRORISM

Kenya : Draft anti-terrorism legislation may undermine Kenyan constitution and international law Amnesty International is seriously concerned that Kenya 's Suppression of Terrorism Bill 2003 contains measures that violate Kenyan law, human rights treaties to which Kenya is a party, and may result in human rights violations. The Kenyan government is presently gathering suggestions and comments on the Suppression of Terrorism Bill 2003 following widely expressed concerns and strong criticism that it contained measures that would impact negatively on human rights. The Bill, which was initially published last year, has now been shelved, pending presentation of a revised version to Parliament.

Memorandum to the Kenyan Government on the Suppression of Terrorism Bill 2003 The Kenyan Government is presently gathering suggestions and comments on the Suppression of Terrorism Bill 2003 following widely expressed concerns and strong criticism that it contained measures that would impact negatively on human rights. The Bill, which was initially published last year, has now been shelved, pending presentation of a revised version to Parliament. Amnesty International expressed concerns regarding the Suppression of Terrorism Bill 2003. The organisation welcomes the opportunity to add its voice to civil society in Kenya to further highlight some of the provisions in the Bill which need to be reviewed as they contravene human rights treaties to which Kenya is a party, as well as Kenyan law, and may consequently result in violations of human rights. Amnesty International welcomes the opportunity given to civil society to express their views on the Bill and is aware that public debate is on-going.

Indian Government repeals controversial Prevention of Terrorism Act The Indian government's decision to repeal the controversial Prevention of Terrorism Act (POTA) is a major step forward for civil liberties in India , says Human Rights Watch. Human Rights Watch said POTA's repeal was an example for the rest of the world that counter-terrorism efforts need not undermine fundamental rights and urged the government to immediately release all individuals held without charge under POTA, drop all cases filed under POTA, and promptly determine whether to re-file such cases under the criminal code.

ASYLUM

South Africa accused of asylum bar on Zimbabweans The South African government is denying thousands of Zimbabwean refugees their right to political asylum, says a report published by Refugees International. More than 2 million Zimbabweans are currently sheltering in South Africa - about 15% of their country's population of 13 million. Although Zimbabweans have sought work in South Africa for decades, the numbers have swollen greatly in recent years since the economic collapse presided over by President Robert Mugabe. Most of those in South Africa are economic migrants, without claims to refugee status. But thousands have fled because they are victims of state violence and torture and they fear more persecution.

Forgotten People: Upcountry Tamils from Sri Lanka living in refugee camps in India About 30,000 Upcountry Tamils, who fled to India from Sri Lanka to escape the civil war between majority Buddhist Sinhalese and minority Hindu Tamils, reside throughout some 100 refugee camps in India 's Tamil Nadu state according to a recent survey done in the camps. Sri Lanka recently passed the Grant of Citizenship to Persons of Indian Origin Bill, which gave citizenship to many person of Indian origin who had permanently resided in Sri Lanka since October 30, 1964 or was descended from someone who had permanently resided in Sri Lanka since that date. This Bill grants citizenship to approximately 168, 141 stateless estate Tamils. The new law does not cover the Upcountry Tamils in the refugee camps in India because they don't live in Sri Lanka . They have been in the camps in India since 1983, and some have children born in India . The main fear among this groups has been that they may not be given citizenship once they return to Sri Lanka and will also never receive legal status in India as they come to the country as refugees.

Refugees can't go back to Sri Lanka now: UN The UN believes that conditions in Sri Lanka are not conducive for the return of refugees to their homeland from India . Lennart Kotsalainen, chief of mission in India for the United Nations High Commissioner for Refugees, said: "Our impression is that a large majority want to return if the situation is conducive. Even now a minority want to return. India hosts nearly 150,000 refugees who fled Sri Lanka following ethnic violence in the island nation in the 1980s.

The Human Movements and Immigration Congress asks the UN and international organizations to promote multicultural management of immigration A total of 1,886 participants and 269 speakers from 64 countries have participated in the conferences held during the Human Movements and Immigration Congress. “The UN and other international organizations need to promote respect for a series of norms and principles that comprise a multilateral framework for the management of immigration”. This is the only way, according to the conclusions of the Human Movements and Immigration Congress, it will be possible to ensure that immigration contributes to a fairer world. Since September 2, the Human Movements and Immigration Congress--organised by the European Institute of the Mediterranean and the Universal Forum of Cultures Barcelona 2004-has studied how to convert immigration, which is considered a source of tension and conflict in many senses, into a positive force for peace, prosperity and greater comprehension between countries and cultures.

Changing Configurations of Migration in Africa Migration in Africa is dynamic and extremely complex. This is reflected in the feminization of migration, diversification of migration destinations, transformation of labor flows into commercial migration, and brain drain from the region. Completing this picture are trafficking in human beings, the changing map of refugee flows, and the increasing role of regional economic organizations in fostering free flows of labour.

CHILD RIGHTS

Stalled peace negotiations in Sri Lanka harm children A report released by UNICEF says that the stalled peace talks between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) is a major impediment to assisting children affected by the country's two-decade long war. Reviewing progress made in the first half of 2004 under the Action Plan for Children Affected by War, UNICEF found that other barriers to assisting children made vulnerable by the conflict included the LTTE's failure to end the recruitment of children, and the destabilizing effect of continued inter-factional violence in the East. However, UNICEF also made it clear that all organizations involved in the Action Plan would continue to work for the rights of children throughout Sri Lanka .

DEATH PENALTY

Death penalty : yes/no? - India Is the death penalty necessary in India , when the majority of democratic countries in the world have abolished it? Does India have evidence that it is a better deterrent that 'life without the possibility of parole'? India allows the death penalty only in the 'rarest of rare' cases. But the records show that application of the 'rarest of the rare' standards remains on paper. There are a growing number of cases with equal crime, unequal punishment, as Supreme Court justices themselves have observed. In some cases, Supreme Court benches are affirming a death penalty non-unanimously. Should India at least declare a temporary moratarium?

EDUCATION

Human rights education resources for the classroom The Human Rights and Equal Opportunity Commission (HREOC), Australia has developed a new structured online human rights education program for teachers of upper primary and secondary school students. The program has been developed due to increased demands for human rights education resources in schools and the absence of relevant material which can be incorporated into current Australian education curricula. HREOC's human rights education program has detailed links to the curricula of each state and territory and includes strategies for teaching about international instruments and domestic laws, but most importantly, encourages students to explore the relevance of human rights to their own experiences and communities.

Education, Training and Research Key to Developing Human Rights Delegates who met at the Commonwealth Workshop on the United Nations Declaration on Human Rights Defenders for Africa held in Nairobi , Kenya , from 7 to 10 September 2004, emphasised the importance of education, training and research to develop human rights awareness. The 50 delegates from 18 Commonwealth African countries said this can be done by incorporating human rights into the school curricula and through human rights training for government officials, particularly in police academies and for prison officers. They noted the need to enhance the role of human rights non-governmental organisations and national institutions in contributing to public awareness of human rights and fundamental freedoms.

NATIONAL/INTERNATIONAL HUMAN RIGHTS DEATH PENALTY

Spirit of Reconciliation Poster Competition by HREOC, Australia To celebrate International Human Rights Day on 10 December, Human Rights and Equal Opportunity Commission (HREOC), Australia is inviting secondary school students across Australia to show us what the ‘spirit of reconciliation' means to them by entering our poster competition. Students can use any art materials (pencils, paint, textas, crayons, photography, computer graphics etc) - to create a poster that captures the ‘spirit' of what reconciliation looks like in their school or community or throughout Australia . Students have the chance to win great prizes for themselves and for their schools - including the latest hi-tech digital cameras, CDs and book vouchers. Prizes will be awarded to the winners and their schools and the two runners-up in the two categories - secondary (Years 7-10) and Higher Secondary (Years 11-12).

Conference on 'Human Rights and Good Governance' to mark Malaysian Human Rights Day 2004 Malaysian Human Rights Day was celebrated on 9 September 2004 with a conference entitled “Human Rights and Good Governance” hosted by the Human Rights Commission of Malaysia (SUHAKAM). “Human Rights and Good Governance” was selected as the theme for this year's conference as it was a forum to examine the relationship between human rights and good governance with a view to promote human rights in good governance; integrating principles of human rights in good governance; establish a role for human rights in the enhancement of a better and harmonious society.

An update on the 7th International Conference for National Human Rights Institutions The 7th International Conference for National Human Rights Institutions was hosted by the National Human Rights Commission of the Republic of Korea , Seoul from 14 to 17 September 2004. The overall aims of the 7th International Conference for National Institutions (the 7th ICNI) was to discuss strategies and practical measures focused on the role of the National Institutions( NIs ) to protect and promote human rights during conflict and while countering terrorism, and to strengthen the cooperation between NIs and NGOs at sub-regional, regional and international level. The theme of the conference was Upholding Human Rights during Conflict and while Countering Terrorism.

Enhancing the role of National Institutions in the Commission on Human Rights: Input from national human rights institutions by 22 October, 2004 The United Nations Secretary General through Commission on Human Rights resolution 2004/75 National institutions for the promotion and protection of human rights OP 20 was requested to report to the Commission at its 61st session “on ways and means to enhance participation of national human rights institutions in the work of the Commission, to enable them to contribute substantially to the work of the Commission by passing on their expert knowledge and practice experience in human rights matters. This is to solicit input from national human rights institutions in relation to the enhancement of their participation in the Commission on Human Rights and its subsidiary bodies. This information will be used in analysis by the United Nations in preparation of a report for submission to the Commission at its 61st session by the United Nations Secretary General. This information should be received by the National Institutions Unit of the Office of the High Commissioner for Human Rights no later than 22 October 2004 ( mhaugaard@ohchr.org or fax 41 22 917 9018).

RIGHTS OF THE AGED

Rights at Stake If the current trend of lowering birth rates and lowering death rates continues, by the year 2050 one out of five people will be aged 60 years or older. Elderly individuals are often subject to discrimination and abuse because they are perceived as easily taken advantage of. Currently, the oldest old make up 11 percent of the 60+ age group and will grow to 19 percent by 2050. The rights of aged persons can be broken down into three main categories: protection, participation and image. Protection refers to securing the physical, psychological and emotional safety of elderly persons with regard to their unique vulnerability to abuse and ill treatment.

RIGHTS OF THE DISABLED

Crippling delivery to the disabled - India Recent years have witnessed growing awareness and several significant landmarks in dealing with the disabled both at the national and international levels. The Economic and Social Commission for Asia and Pacific (ESCAP) declared 1993 to 2002 as the Asian and Pacific Decade of Disabled Persons. In response, the Indian Parliament, guided by the philosophy of empowering persons with disabilities and their associates, enacted in the year 1995, The Persons with Disabilities (Equal Opportunities, protection of Rights and Full Participation) Act, 1995. In a recent report, the Supreme Audit Institution of India - Comptroller and Auditors General - undertook an audit review to “examine the efficiency, economy and effectiveness of various programmes for empowerment of the disabled with reference to the Persons with Disabilities Act 1995”. After scrutinizing the accounts of the programmes related to the period 1998-'99 to 2002-'03, the CAG arrived at a conclusion that “the Persons with Disabilities (Equal opportunities, protection of rights and full participation) Act, 1995 is being poorly implemented although eight years have elapsed after its enactment.

WOMEN'S RIGHTS

To have and to hold: Women's Property and Inheritance Rights in the context of HIV/AIDS Produced by the International Center for Research on Women (ICRW) in collaboration with UNAIDS, this paper seeks to examine the link between HIV/AIDS and women's property rights. The author asks if women's lack of rights increases household poverty and women's own vulnerability to infection; and if securing these rights can mitigate the impoverishing impact of the epidemic. This report reflects numerous research initiatives and practice-oriented strategies conducted by a range of non-governmental organisations (NGOs) and independent researchers.

 

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