Commonwealth Human Rights e-Newsletter: October 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: Women's Human Rights in Pakistan –What has changed and how? An interview with Asma Jehangir, Chairperson, Human Rights Commission of Pakistan (HRCP)
Content:

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

FORTHCOMING EVENTS

Training on promoting Gender and Rights in reproductive health and HIV/AIDS from 24 October - 11 November, 2005 in Nairobi, Kenya The Centre for African Family Studies (CAFS), in collaboration with the World Health Organisation Secretariat, Women's Health Project of the University of Witwatersrand and the Harvard School of Public Health, is offering a three-week course on gender and rights in reproductive health and HIV and AIDS. The course will highlight regional priorities and current controversies in relation to the Millennium Development Goals (MDGs) and the International Conference on Population and Development (ICPD) and Beijing Programmes of Action, particularly in the context of HIV and AIDS. The course is suitable for senior and middle-level managers, planners and policymakers from both the public and NGO sectors, who are directly responsible for influencing or making policy to implement the MDGs and the Cairo and Beijing Programmes of Action. For further information, contact Centre for African Family Studies (CAFS), P.O. Box 60054, 00200 Nairobi, Kenya; tel.: 254-20-444 86 18, fax: 254-20-444 86 21 or e-mail: info@cafs.org

APF-Brookings Institution workshop on IDPs & NHRIs from 26 - 28 October 2005 in Colombo, Sri Lanka The Human Rights Commission of Sri Lanka will host a three-day Asia Pacific Forum-Brookings Institution Regional Workshop on Internally Displaced Persons and National Human Rights Institutions. The workshop is being jointly organised by the APF/Brookings-Bern Project on Displacement and the Sri Lankan Commission. Participants will include representatives of the national human rights institutions of Afghanistan, India, Indonesia, Maldives, Nepal, Philippines, Thailand and Sri Lanka. The workshop will also involve representatives from the APF Secretariat, Brookings-Bern Project on Internal Displacement, United Nations agencies, and local, regional and international non-governmental organisations.

5th Conference of African National Human Rights Institutions from 8 to 10 November 2005 in Abuja, Nigeria The 5th Conference of African National Human Rights Institutions will be held in Abuja, Nigeria, from 8 to 10 November 2005. This Conference is being organised and supported by the National Human Rights Commission of Nigeria (NHRCN), the African Coordinating Group of National Human Rights Institutions, and the Office of the United Nations High Commissioner for Human Rights (OHCHR) in cooperation with the United Nations Educational, Scientific and Cultural Organisation (UNESCO) among other partners. The specific theme for this year's Conference focuses on economic, social and cultural rights.

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'.

 

AWARDS,COMPETITIONS & INTERNSHIPS

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.

 

REPORTS & PUBLICATIONS

Commonwealth

Trafficking in Women: Causes, Consequences and Implications Dr Meena Shivdas, Gender Adviser at the Commonwealth Secretariat, London, presented a paper at the Commonwealth Law Conference, 14th September 2005, on Trafficking in Women: Causes, Consequences and Implications. The paper gives a brief background on trafficking including definitions used in the international arena, conceptual distinctions made between trafficking, migration and people smuggling, the causes and actors involved and the various outcomes of being trafficked. It raises key questions and issues regarding the extent of trafficking and elaborates on a human rights approach to combat it. It also looks at the policy framework provided by international and regional instruments, identifies policy gaps and highlights innovative practices that have worked.

International

Report of the UN Secretary-General on NHRI to the 60th General Assembly The report, covering the period from July 2003 through July 2005, contains information on the activities undertaken by the Office of the United Nations High Commissioner for Human Rights (OHCHR) to establish and strengthen national human rights institutions (NHRIs); the measures taken by Governments and NHRIs in this regard; the support provided to regional activities of NHRIs; and the consultations held by treaty bodies and special mechanisms of the Commission on Human Rights with NHRIs. Information regarding the work of NHRIs in respect of specific thematic issues is also included. More information on initiatives and assistance provided to NHRIs can be found in the OHCHR reports on the programme of advisory services and technical assistance in the field of human rights, the activities of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights as well as in the thematic and country reports of the special procedures mandate holders of the Commission on Human Rights. List of documents submitted by the OHCHR to the Third Committee of the 60th Session of the General Assembly

Strengthening international cooperation and technical assistance in preventing and combating terrorism - Report of the United Nations Secretary-General This report, prepared pursuant to General Assembly resolution 59/153 of 20 December 2004, reviews the progress made in the delivery of technical assistance by the United Nations Office on Drugs and Crime in the context of the Secretary- General's comprehensive global strategy against terrorism and his report entitled “In larger freedom: towards development, security and human rights for all” (A/59/2005 and Add.1-3). In the report, Secretary-General requests UNODC to reinforce its work in the areas of the rule of law, the building of viable criminal justice systems and strengthening international cooperation against terrorism. In addition, relevant highlights of the debate during the Eleventh United Nations Congress on Crime Prevention and Criminal Justice and the fourteenth session of the Commission on Crime Prevention and Criminal Justice are included. The report also includes a summary of the responses received from Member States on the implementation of resolution 59/153.

UNDP draft paper on Poverty and Human Rights The first millennium development goal - to halve global poverty by 2015 - has become an unlikely prospect. If poverty is to be significantly reduced, its terms of definition, measurement, explanation and resolution need to be re-examined and reformulated. The human rights instruments need to play a vital role in this process. They can have a huge impact on the measurement of poverty, deprivation, exclusion, and development. This paper, produced by UNDP International Poverty Centre (IPC), aims to prompt re-examination of the links between human rights and comprehensive public social service and social security. It argues that the human rights framework offers the best means of breaking the deadlock in the global measurement and resolution of poverty. The authors highlight the failure of the anti-poverty measures which have been re-iterated for many years: economic growth, debt relief and overseas aid. The authors present an alternative strategy for poverty reduction in which human rights is a focal point. This strategy, the authors argued, offers the possibilities of poverty elimination, limiting social polarisation, reconciling globalisation and human rights demands, and a feasible way of internationalising development.

The rights of women in armed conflict: an activists' guide Countless women have been subjected to crimes of violence in times of armed conflict. Violence against women in war is widespread and often systematic. Amnesty International has published a guide on using the law to press governments to implement their obligations toward women in armed conflict. The guide is aimed at those with influence over public services, such as lawyers, teachers and police officers, as well as human rights campaigners and groups. It is part of a toolkit for activists in Amnesty International's Stop Violence Against Women campaign. Given the gap between standards on women's rights and the reality on the ground, ensuring the law is respected and implemented requires the hard work of advocates for women's human rights. This guide shows how the law can be used as a tool to challenge and inspire governments to make rights a reality for women.

Good practices in combating and eliminating violence against women This report, produced by United Nations Division for the Advancement of Women (DAW), gives recommendations for elements of effective practices in combating violence against women in the areas of law, prevention, and provision of services. In conclusion, in terms of legal reform several important strategies emerged; the best reforms are those made after careful deliberation and consultation; interest is in law that works - which enhances women's safety and ability to assert their rights; some of the most creative and innovative laws are those which have been drafted by, and/or campaigned for, by activists; public interest litigation/class actions can create extensive change which benefits all women; law reform is not just about creating enforceable rights, but has a role in benchmarking, awareness-raising and setting new norms.

The 'War on Terror' and the Framework of International Law The acts of lawlessness committed on 11 September, 2001 were followed by a ‘war on terror'. This book written by Helen Duffy, Legal Director of INTERIGHTS, sets out the essential features of the international legal framework against which the ‘9/11' attacks and the lawfulness of measures taken in response to the “9/11” attacks should be assessed. It addresses relevant law in relation to: terrorism, questions as to ‘responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as ‘9/11' and governing responses thereto. The author examines the compatibility of the ‘war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.

Social Exclusion – DFID policy paper This policy paper, “Reducing Poverty by Tackling Social Exclusion”, asserts that social exclusion is often a key factor causing poverty, conflict and insecurity.  It attempts to provide a better understanding of the subject, and considers ways in which it can be overcome through partnerships between governments, the international community and civil society organisations.

 

NEWS STORIES

ANTI-TERRORISM

New terrorism laws in Australia should adhere to human rights principles President of the Australian Human Rights and Equal Opportunity Commission, John von Doussa QC, said that it is vitally important that the federal Government adheres to human rights principles when developing new counter-terrorism laws. Mr von Doussa said that pioneering States (including Australia) who drafted international human rights instruments like the International Covenant on Civil and Political Rights (ICCPR) envisaged that there would be occasions when some human rights principles set out in the covenant would be justifiably infringed by States in times of public emergency. In fact, a procedure for the derogation from certain fundamental rights was provided in Article 4 of the ICCPR which applies ‘in times of public emergency which threatens the life of the nation'. “Some rights, such as ‘the right to life' and ‘the right not to be tortured' remain sacrosanct. With other rights, such as ‘the right not to be arbitrarily detained', the power of derogation is carefully restricted to avoid States disregarding them when they wish,” Mr von Doussa said.

ASYLUM

UNHCR helps South Africa tackle huge asylum backlog The UN refugee agency has been conducting training sessions for state officials hired as part of the South African government's drive to improve its capacity to tackle the huge backlog of asylum seekers. Although the Department of Home Affairs (DHA), which determines who is a refugee using criteria agreed by UNHCR, has been processing more asylum cases in recent months, this increase has been outstripped by the number of new applications, which totalled 32,558 in 2004. By the start of this year, the number of pending cases had climbed to some 115,000. The record number of pending asylum applications – far in excess of what the DHA staff could handle – prompted the government to launch a strategy that included dramatically improving its ability to tackle the backlog. UNHCR is providing training, advice and materials to support this effort to raise the capacity both of staff and their equipment.

CHILD RIGHTS

Children in Armed Conflict and the United Nations It is estimated that 300,000 children are currently participating in fighting in more than 35 countries. 25 million are uprooted from their homes, while millions more have their lives severely affected by the deprivations of war. Dealing with 'impact of war on children' is high on the United Nations agenda, with an annual Security Council debate, several resolutions addressing the problem and an office of the Secretary General devoted to the topic. Sri Lanka does not figure prominently in the deliberations of the UN, but the outcome of UN decisions has been felt in Sri Lanka. These are some of the few instances in which the Security Council has considered a theme-based topic, rather than national or regional matters. Another debate on children in armed conflict by the Security Council is expected to take place in December. Resolution 1261 in 1999 began with "noting recent efforts to bring to an end the use of children as soldiers" and formally established that the protection of children in situations of conflict is a peace and security concern which constitutes a legitimate preoccupation for the Security Council.

Uganda told to ban child sacrifice, girl circumcision The United Nations called on Uganda to stamp out harmful traditional practices -- child sacrifice and female genital mutilation, which it said were still occurring in the east African country. The U.N. body, composed of 18 independent experts, issued their conclusions after holding a three-week meeting to examine the record of eight countries, including Uganda. It monitors compliance with the 1991 U.N. Convention on the Rights of the Child which guarantees basic freedoms and commits states to take measures to abolish traditional practices prejudicial to children's health. In reference to Uganda the Committee called for harmful traditional practices to be banned and urged the Government to prosecute offenders while conducting public awareness campaigns on such "negative cultural practices". The U.N. Committee on the Rights of the Child also urged the Kampala government to step up efforts to prevent young people being abducted by the rebel Lord's Resistance Army (LRA) and rescue child soldiers and slaves already involved in conflict.

CRIMINAL JUSTICE

Indian NHRC Chief request Chief Justices of High Courts to review the situation of under-trial prisoners Stating that the congestion of under-trial prisoners is the predominant cause of all the problems in the country's jails, Dr. Justice A.S. Anand, Chairperson NHRC, India , has requested the Chief Justices of the High Courts of all the States/Union Territories to carry out a broad review of the under-trial prisoner situation in the area under their jurisdiction. In his letter dated 8 September 2005, Justice Anand stated that the NHRC continues to conduct a biannual analysis of the prison population and the under-trial prisoner (UTP) situation by obtaining data about the prison population from all the States and Union Territories as on 30th June and 31st December of each year. Besides this, Members and Special Rapporteurs of the Commission visit jails and compile reports from which the Commission has observed that the under-trial prisoners' situation has improved considerably in those States/Union Territories where certain measures are being tried with seriousness and sincerity. The Commission has recently started forwarding to the State and District Legal Service Authorities the cases of long standing UTPs identified by the Members and the Special Rapporteurs during their jail visits. The response received from these authorities is fairly encouraging and promises still better results with the personal involvement of the Chief Justice of the High Court. Video Conferencing by linking important jails with their Courts has been introduced with good results in Andhra Pradesh, Maharashtra, Delhi and a few other States. This technological measure has been found very useful in substantially solving the problem of inadequate availability of police escort and has ensured faster processing of remand cases.

Nigeria's criminal justice system, obsolete Executive Secretary of the National Human Rights Commission of Nigeria, Mr. Bukhtari Bello, says the nation's criminal justice system is obsolete and needs complete overhauling. According to him, the nation's criminal justice system does not only call for a review but the procedural law of the country needs to be amended. He said there was an urgent need for a review of all laws that impede the administration of justice in the interest of the country. He also said that there was a need to transform the country's legal system to ensure speedy trial of cases in courts.

HEALTH

Mental health is a human rights issue ”Mental health is not just a social issue – it's a human rights issue,” Human Rights Commissioner and Acting Disability Discrimination Commissioner, Dr Sev Ozdowski, said on the launch of World Mental Health Day (10 October) and Mental Health Week 2005 (9-15 October). Dr Ozdowski said that mental health care is an enormous social issue - one in five Australians are likely to suffer a mental illness at some point in their lives - which means statistically that almost every family in Australia will need to deal with mental illness at one time or another. “But it's also a human rights issue. Australia is a party to several international human rights treaties, two of which explicitly recognise the right of everyone (especially children and youth) to the highest attainable standard of mental health care,” said Commissioner Ozdowski. World Mental Health Day aims to expand awareness and knowledge of mental health and emphasise the importance of good mental and physical health throughout life - this year's theme is ‘Mental and physical health across the life span'.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

Chairperson boycotts Human Rights Commission of the Maldives The Chairperson of the Human Rights Commission of the Maldives , Ahmed Mujuthaba, has said he is boycotting the Commission following the passing of the Human Rights Act, which he says waters-down much of the Commission's powers. Mujuthaba said “We lodged a request with the authorities to examine the issues of concern to the Human Rights Commission that is in the Human Rights Act that was passed. I decided to boycott the office until we're assured of the commitment by the authorities to review and amend these inherent problems”. The Human Rights Commission was known to be furious with the Human Rights Act passed in the government-dominated Majlis on the 21st of July. In a press statement released shortly after the Majlis passed the legislation, the Human Rights Commission heavily criticized the Act, finding 13 areas that they felt needed to be changed in order to give the Commission the necessary powers to carry out its mandate effectively and align it to the Paris Principles – the international standards to which legislation on Human Rights Commissions ought to live up to.

New commissioners in Malawi Human Rights Commission (MHRC) The Malawi Human Rights Commission has new commissioners. This is the third group of human rights commissioners since its inception in August 1998. The Commissioners, who will serve a three year tenure, have been appointed from diverse backgrounds which are in line with the Commission's mission of protecting and promoting human rights. For purposes of continuity, three commissioners have been retained from the second cohort, whose term of office expired in April 2005. The Commissioners elected Mrs Dorothy Nyasulu as their Chairperson and it is the first time for a woman to hold this high office in the brief history of the Commission. In an effort to be more visible and audible, the MHRC has established a Public Relations Unit whose main objective is to publicise the Commission's programmes and policies towards achieving its mandate of promoting and protecting human rights, and to cultivate an effective relationship with the general public through the media. The unit will also be the focal point for public information, public affairs and human rights publications.

Bill to safeguard Scottish human rights Legislation to establish an independent human rights commissioner in Scotland has been launched. The commissioner's role will be to promote awareness of human rights and the promise of legislation formed part of the formal coalition pact between Labour and the Liberal Democrats. The proposed legislation would set up an office with one commissioner, up to two deputies and associated staff, costing about £1 million a year to run. The commissioner will be able to launch inquiries into the policies or practices of public bodies in Scotland in relation to human rights. Inquiries could also be held in public, and the commissioner's role will include promotion of human rights issues, guidance to public bodies, monitoring and investigations. Read : The Bill , Explanatory notes and Policy memorandum

Governments must agree to adopt strong human rights provisions says Amnesty Amnesty International urged governments at the UN World Summit to settle remaining differences and finalise a strong text that effectively places human rights next to development and security as one of three pillars of the UN. ‘Governments with a long record of serious human rights violations or little demonstrated commitment to human rights protection must no longer be allowed to stand in the way of the majority of member states that wish the Summit to agree on a better human rights protection system', says Amnesty.

Forced evictions in Africa are a human rights scandal On World Habitat Day (3 October) Amnesty International and the Centre on Housing Rights and Evictions (COHRE) challenged African governments to end the practice of forced evictions, describing them as one of the most widespread and unrecognised human rights violations on the continent. Forced evictions violate international law, yet many African governments are justifying them on the grounds that they are essential for the development of infrastructure, housing and office buildings, or in preparation for international events. The tragic outcome in most of these cases is that the poorest and most vulnerable members of society are placed at even greater risk — when evictees are made homeless or are relocated. More than 1 million people have been forcibly evicted in Nigeria since 2000. In April 2005 some 3,000 residents were forcibly evicted from their houses in the Makoko area of Lagos , on the basis of a court order, issued in 2000, granting ownership of the land to a private family.

Human Rights groups of Zambia condemn Australia The Human Rights Commission (HRC) and other human rights bodies in Zambia have condemned the Australian government's decision to deny a visa to an HIV-positive Zambian student. Human rights bodies have asked the Zambian Government to openly protest against the decision. The organisations did not rule out that the verdict could have been racially motivated and challenged leaders of the developed nations to condemn the stigmatising action. HRC chairman, Mumba Malila said the Australian government's action was unacceptable and called for condemnation from all human rights observing countries world over.

PRISON REFORM

NIHRC welcomes court ruling on prisoners' right to vote The Northern Ireland Human Rights Commission (NIHRC) has welcomed the ruling by the European Court of Human Rights that the UK restriction on prisoners who wish to vote in elections is a violation of human rights. The Court held that prisoners have all the fundamental rights and freedoms guaranteed under the European Convention, except for the right to liberty. The Human Rights Commission had since 2001 maintained that all prisoners ought to have the right to vote. Until recently no convicted prisoners were allowed to vote, but earlier this year, a small number serving part-time sentences were granted the right, if they were not in prison on election days. The government has accepted that legal changes will have to be made to ensure that all prisoners in the UK have the choice to vote in future.

RIGHTS OF INDIGENOUS PEOPLE

Social Justice Commissioner of AHREOC welcomes initiatives to increase Indigenous home ownership Australian Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma welcomed initiatives to assist Indigenous Australians on communal lands to own their own home where it is desired by them, however, he was concerned that the proposal by the federal Government could have a significant impact on land held by traditional owners. The Commissioner said the right to housing is a fundamental human right recognised in numerous international treaties. It ensures that individuals who are homeless, without adequate housing or who do not have the resources needed to provide for their own housing needs, are entitled to adequate housing for security and wellbeing.

WOMEN'S RIGHTS

Ignorance causes poor Tanzanian women to be deprived of their rights Poverty is a big problem in many societies. Persisting poverty generates numerous problems - lack of safe and clean drinking water, poor education, health services and domestic violence etc. Studies have shown that there is high rate of legal and human rights violation in societies, which are prone to poverty. In these communities, people's access to justice is limited. In many developing countries, including Tanzania, the so-called 'have-nots' face difficulties to access their rights before the court of law because they cannot afford to go to court, or they are unaware of their rights. Ordinary people, especially those in the countryside have to part with something so as to secure their constitutional rights. Ignorance, on the other hand, bars poor women and men in Tanzania from accessing their basic rights as enshrined in the Constitution. Costs involved in the running of cases have been cited as major obstacles towards the poor's access to justice.

World Summit commits to universal access to reproductive health by 2015 World leaders resolved to achieve universal access to reproductive health by 2015, promote gender equality and end discrimination against women, as they ended their three-day 2005 World Summit on 16 September, 2005. They made those commitments by adopting the Summit Outcome recommended by the UN General Assembly. Under the terms of their agreement, the leaders would integrate the goal of access to reproductive health into national strategies to attain the  Millennium Development Goals (MDGs)  to end poverty, reduce maternal death, promote gender equality and combat HIV/AIDS. The world leaders also agreed to promote gender equality and eliminate pervasive gender discrimination with several measures.

 

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