Commonwealth Human Rights e-Newsletter: June 2006   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: ‘From rhetoric to reconciliation: addressing the challenge of equality for Aboriginal and Torres Strait Islander peoples in criminal justice processes' –The Elliott Johnston Tribute Lecture at Flinders University by Mr Tom Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Australian Human Rights & Equal Opportunity Commission, on 23 May 2006
Content:

	1. Forthcoming Events 2. Awards 3. Reports and Publications 4. News Stories 5. 2006 High-level Meeting on AIDS

FORTHCOMING EVENTS

World Refugee Day – 20 June 2006 World Refugee Day is a salute to the indomitable spirit and courage of the world's refugees, and as such it should be a real celebration. Around the world, this day of festivity and tribute is expressed in a hundred different ways, from stand-up comics and rock concerts to conferences and memorial services. But whether it's as simple as a village fete or school event, or a high-profile ceremony, 20 June is a day in which we think about the world's refugees, and extend to them our encouragement, support and respect. Check out what's happening on this day all over the world Read UNHCR's latest report - The State of the World's Refugees 2006

Second World Forum on Human Rights in Nantes, France from 10 to 13 July 2006 The second World Forum on Human Rights will be held in the Nantes Métropole International Convention Centre from 10 to 13 July 2006. 2006 will mark the 40th anniversary of the adoption of the International Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights by the General Assembly of the United Nations. As in 2004, topical issues relating to Human Rights will be debated by policy makers (representatives of States, towns and local governments, members of parliaments) from all over the world, members of international organisations, of academia and representatives of civil society.

11th Annual Meeting of APF in Suva, Fiji Islands from 31 July to 3 August 2006 The 11th Annual Meeting of the Asia Pacific Forum of National Human Rights Institutions (APF) will be hosted by the Fiji Human Rights Commission. The meeting will bring together more than 150 representatives of national human rights institutions, governments, non-government organisations and United Nations and other international organisations. A highlight of the meeting will be the focus on the role of national human rights institutions in the protection and promotion of economic, social and cultural rights. The APF's Advisory Council of Jurists will meet to consider a reference from the Forum Council on the legal obligations of States for the implementation of economic, social and cultural rights, with respect to the right to education.

Use of Information and Communication Technologies (ICTs) for Human Rights Work - Advance course starting from 20 September 2006 This e-learning course offered by Human Rights Education Associates (HREA) is intended for staff members of human rights and social justice NGOs and inter-governmental organisations who are responsible for information and communication (i.e. information officers, web editors, webmasters/webweavers, communication specialists) within their organisation. Participants will be introduced to proven methods of using ICTs to promote their human rights work. They will become equipped with the knowledge and tools to more effectively design and implement listservs, web sites, databases or multi-media for advocacy campaigns, training and information management. This course involves 60 hours of reading, on-line working groups, interaction with students and instructor and assignments, and is offered over a three-month period, beginning on 20 September 2006. The course is based on a participatory, active learning approach, with an emphasis on peer-to-peer learning. The course tuition fee is 525 €. A limited number of scholarships is available for this course based on financial need. The deadline for applications is 15 July 2006.

South Africa Regional course on Economic, Social & Cultural Rights from 16 October to 3 November 2006 Human Rights Trust of Southern Africa - SAHRIT is offering a regional course on Economic, Social and Cultural Rights. The course is the 5th course organised by SAHRIT since 2002. The course will run from 16 October to 3 November 2006 at St Lucia Park in Harare, Zimbabwe . The course will bring pertinent economic, social and cultural rights issues to the fore. It will be an opportunity for participants from the different backgrounds and countries of Southern Africa to share information and experiences. The deadline for application is 21 August 2006.

 

AWARDS,COMPETITIONS & INTERNSHIPS

Intern opportunities at Northern Ireland Human Rights Commission The Northern Ireland Human Rights Commission is inviting applications from suitably qualified candidates for two internships available during August to September 2006. The Commission welcomes applications from outside Northern Ireland and from post-graduates. These internships are intended to increase the intern's understanding of current human rights issues and provide an insight into the work of the Commission; and provide the Commission with the assistance and contribution of outstanding students or graduates. The internship is voluntary and unpaid. The Commission will reimburse expenses for meals, travel, telephone, stationery, etc., subject to a maximum of £10 per day unless approved in advance. The Commission cannot help with accommodation costs, although will offer assistance in finding accommodation if required. Participants will be selected from current students and graduates in disciplines relating to International Law, Political Science, History, and Social Sciences. Preference will be given to those, within these disciplines, who have specialised in human rights issues. Closing dates for applications is 3 July 2006.

Housing Rights Awards 2006 The Centre on Housing Rights and Evictions (COHRE) Housing Rights Awards are designed to draw attention to some of the world's worst violators of the human right to housing and to honour both governments and individuals that have shown exceptional commitment to enforcing and securing housing rights for everyone, everywhere. In this spirit, COHRE presents three types of Housing Rights Awards annually: Defender , Protector and Violator. Send your nominations to awards2006@cohre.org by 1 July 2006. Winners will be announced in November 2006.

UNESCO prize for Human Rights Education - Call for nominations UNESCO Sector for Social and Human Sciences is calling for nominations for its Prize for Human Rights Education from member states and associate members of UNESCO, and from intergovernmental organisations and international non-governmental organisations maintaining official relations with UNESCO. This Prize was established in 1978 to mark the 30th anniversary of the Universal Declaration of Human Rights and to honour efforts of organisations or individuals, having made an exemplary contribution to the advancement of knowledge on human rights and building a universal culture of human rights. The name of the 15th laureate of the Prize will be announced on 10 December 2006, on the occasion of Human Rights Day. The prize-winner will receive $10,000 and a diploma and trophy. Deadline for nominations is 21 July 2006.

African Charter on Human and Peoples Rights 20 years in force - call for papers The year 2006 marks 25 years since the adoption of the African Charter on Human and Peoples' Rights, in Nairobi, Kenya, on 27 June 1981, and 20 years since its entry into force, on 21 October 1986. The African Human Rights Law Journal, edited by the Centre for Human Rights, University of Pretoria and published by Juta Law , South Africa , has, since being launched in 2001, focused on the African regional human rights system. Commemorating the 20 years in the life of the African Charter, the African Human Rights Law Journal will devote its second issue of 2006 to the first 20 years of the African Charter and is inviting contributions on any aspect of the jurisprudential development of substantive rights in the African Charter. Please prepare submissions in line with the guidelines and submit by 31 July 2006. Please note that contributions should not exceed 10 000 words.

 

REPORTS & PUBLICATIONS

International

2006 Report on the Global AIDS epidemic The 2006 Report on the global AIDS epidemic, prepared by UNAIDS including its cosponsoring agencies, is the most comprehensive report on the response to AIDS ever compiled. Utilising data from 126 countries and more than 30 civil society organisations, the UNAIDS report assessed country progress toward the six global targets set in the UN Declaration of Commitment on HIV/AIDS, adopted by 189 UN Member States in 2001. The 2005 targets are based on the goal of halting and reversing the global epidemic by 2015. Progress toward those goals was measured against an agreed set of indicators of action developed by UNAIDS in consultation with member states and civil society. The new report was released in advance of the United Nations General Assembly 2006 High Level Meeting on AIDS, which brought world leaders to New York from 31 May to 2 June, 2006 to review progress made since the historic signing of the 2001 Declaration of Commitment, which established concrete, time-bound goals for improving the global AIDS response. The report indicates that a number of significant challenges remain. Among these are the need for improved planning, sustained leadership and reliable long-term funding for the AIDS response. Also read: the UN Declaration of Commitment on HIV/AIDS Keeping the Promise? A study of progress made in implementing the UNGASS Declaration of Commitment on HIV/AIDS in seven countries by The Panos Global AIDS Programme (GAP) Update on 2006 High-Level Meeting on AIDS ‘Uniting the world against AIDS' from 31 May - 2 June, 2006 at the United Nations, New York

UNESCAP publishes toolkit on commercial sexual exploitation of children (CSEC) The Gender and Development Section of UNESCAP's Emerging Social Issues Division has published a toolkit on the commercial sexual exploitation of children (CSEC). According to the authors, the toolkit can serve as a user-friendly and functional reference for key actors seeking to learn from past practice and adapt the lessons to fit local and national contexts. UNESCAP feels that the promotion of this knowledge and these experiences, as new forms of sexual exploitation and abuse of children emerge, will help equip countries in taking sound and practical steps to work toward the elimination of the phenomenon. Contact the Gender and Development Section at gad@un.org for more information or to obtain a hard copy.

The 2006 Trafficking in Persons (TIP) Report The U.S. Department of State is required by law to submit a Report each year to the U.S. Congress on foreign governments' efforts to eliminate severe forms of trafficking in persons. This Report is the sixth annual TIP Report. It is intended to raise global awareness, to highlight the growing efforts of the international community to combat human trafficking, and to encourage foreign governments to take effective actions to counter all forms of trafficking in persons. The Report has focused the efforts of a growing community of nations on sharing information and partnering in new and important ways. A country that fails to make significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking in persons, per U.S. law, receives a "Tier 3" assessment in this Report. Such an assessment could trigger the withholding of non-humanitarian, non-trade-related assistance from the United States to that country. In assessing foreign governments' efforts, the TIP Report highlights the "three P's"— prosecution, protection, and prevention. But a victim-centered approach to trafficking requires equally to address the "three R's"— rescue, rehabilitation, and reintegration. The U.S. law that guides these efforts, the Trafficking Victims Protection Act (TVPA) of 2000, as amended, makes clear from the outset that the purpose of combating human trafficking is to ensure just and effective punishment of traffickers, to protect their victims, and to prevent trafficking from occurring.

Amnesty International Report 2006 - state of the world's human rights The Amnesty International Report 2006 is a comprehensive document which provides a global overview of the state of the world's human rights. The report, which covers 150 countries, documents human rights issues of concern to Amnesty International during 2005 and reflects the organisation's activities during the year to promote human rights and to campaign against specific human rights abuses. It highlights the need for governments, the international community, armed groups and others in positions of power or influence to take responsibility. It also reflects the vitality of human rights activists globally, whether in local initiatives, international summits or mass demonstrations. Facts and Figure Report 2006: The state of the world's human rights

The Equalities Review: Interim Report for Consultation The Chair of the UK 's Commission for Racial Equality, Trevor Phillips, is leading a review of equality in the UK . The purpose of the review is to improve understanding of the underlying causes of discrimination and disadvantage, and to make recommendations on priority policy areas to address these. The review will also inform the modernisation and consolidation of equality legislation, and the development of the new Commission for Equality and Human Rights. The interim report of the review has been published and its recommendations will be undergoing a wide consultation over the next few months. The interim report concludes that inequality still persists in English society, and identifies several issues of concern, particularly in relation to education and employment prospects of certain groups, including ethnic minority children, ethnic minority and older women, disabled people, and lesbian, gay and bisexual teenagers.

Activating Human Rights – a book This book is based on papers originally presented at the international conference 'Activating Human Rights and Diversity' organised by the Southern Cross University (SCU) held in Australia in 2003. It affirms the importance of human rights in the twenty-first century and explores the vital connections between the theory and practice of human rights. It asks what kind of vision for humanity is necessary, given the harsh realities and challenges of the twenty-first century. Through a range of perspectives - reconciliation, refugees, women, indigenous issues, same-sex sexualities, conflict resolution, environmental degradation, political freedoms and disability - this collection highlights the fact that the survival of humanity depends on our ability to connect a vision with the reality of activating human rights. Read conference papers

Beijing Plus Ten: An Ambivalent Record on Gender Justice by Maxine Molyneux and Shahra Razavi This paper, drawing on research which was undertaken for the United Nations Research Institute for Social Development (UNRISD) report, Gender Equality: Striving for Justice in an Unequal World (UNRISD, 2005), reflects on the ambivalent record of progress achieved by women over the last decades and considers how the policy environment has changed over the period since the high point of global women's movements. It examines how the changing international policy and political climate over this period has given rise to new issues and challenges for those active in global women's movements.

UNHCR research paper on alternatives to detention This paper was prepared on behalf of UNHCR by Ophelia Field with the assistance of Alice Edwards, external consultants. This study has two main parts. First, it presents a concise overview of the legal standards under international law applicable to both detention as well as alternatives to detention that may give rise to some restrictions on the freedom of movement of asylum seekers and/or refugees. Second, and forming the main part of this study, it presents a range of alternatives to detention used by many receiving countries and attempts to evaluate those measures, specifically in relation to rates of absconding. This study undertook research into the practices regarding the use of alternatives to detention for asylum seekers and/or refugees of thirty-four States. This study found that there is a significant difference in the level of effectiveness of a particular alternative depending on whether it is applied in a primarily ‘destination', as opposed to a primarily ‘transit', State. The statistical data available suggests that restrictive alternatives involving close supervision or monitoring, for the purpose of ensuring compliance with asylum procedures, are seldom if ever required in destination States where most asylum seekers wish to remain. Read “Freedom from detention is a fundamental human right” - UNHCR Guidelines on the Detention of Asylum seekers.

Africa

Violence against Girls in Africa: A Retrospective Survey in Ethiopia, Kenya and Uganda This report was prepared for the second International Policy Conference on the African Child: Violence against Girls in Africa by the African Child Policy Forum. Focusing on physical violence, psychological violence, sexual violence, sexual exploitation and harmful traditional practices (such as FGM), three research teams assessed the situation of violence against girls in Ethiopia , Kenya and Uganda . Each research team selected a group of 500 young women, representing various social classes with diverging backgrounds and pertaining to different societal groups, in the capital cities of their respective countries. The retrospective surveys captured young women's experiences of violence before they reached 18 years of age. The researchers found that young girls are overwhelmingly physically, psychologically and sexually being abused in all three countries. The study also tried to find out whether girls reported the abuses, and if so to whom and what happened as a consequence of their reporting.

African women's statement on HIV/AIDS and women's rights In this statement issued at the African Regional Consultation on Women's Rights and HIV/AIDS held in Johannesburg , South Africa , from 6-7 April 2006, a number of women's organizations demanded meaningful participation and involvement in institutions and processes aimed at providing global responses to HIV/AIDS.

New Zealand

Custom and Human Rights in the Pacific - Summary Document The New Zealand Law Commission has been working on a project exploring the interaction between custom and human rights in the Pacific. Customary values and traditional practices are sometimes seen as a barrier to the greater realisation of human rights, particularly for women. Equally, human rights may be seen as a threat to customary values and traditional leadership systems. The Commission's project aims to deepen understanding on both sides of this debate, and provide some practical suggestions for finding solutions which are consistent with both custom and human rights. The Commission has been working on a Study Paper which can be used as a resource to help judges, lawyers, policy makers, traditional or community leaders and aid donors across the region in dealing with issues which have custom and human rights implications. It is intended that the Study Paper be published in August 2006. The summary document sets out the ideas the Commission has been exploring as to ways in which custom and human rights might be better harmonised in the Pacific. The Commission welcomes any comments on the summary document and the ideas in it. The closing date for submissions and comments is Tuesday 20 June 2006. Comments or requests for copies of the document should be directed to Gloria Hakiwai, Law Commission at GHakiwai@lawcom.govt.nz Access the Summary Document

Human Rights Issues in the review of the Immigration Act - a paper As a contribution to the review of immigration legislation the New Zealand Human Rights Commission has prepared a paper that identifies the human rights issues that should be considered in the review of the Immigration Act. The comprehensive review of the immigration legislation currently underway provides an opportunity to incorporate into New Zealand law the relevant human rights standards and to lay the basis for immigration policies and processes that will ensure that migrants and refugees are treated with dignity and respect at every stage of the process and that harmonious relations between the diverse groups that make up New Zealand society are strengthened. The Human Rights Commission recognizes that immigration policy must deal with the tensions between the human rights of migrants, the largely economic reasons that prompt New Zealand 's selection of certain people and the importance of maintaining the integrity of its border.

South Africa

South Africa: Justice sector and the Rule of Law A review by AfriMAP and Open Society Foundation for South Africa, ‘South Africa: Justice Sector and the Rule of Law', is one of a set of reports initiated by AfriMAP that intend to go beyond describing the institutional arrangements in a constitutional democracy and reflect on the health and quality of democracy and governance in South Africa. This report on the justice sector arises from a comprehensive questionnaire that benefited from wide consultation and input, from within Africa and beyond.

United Kingdom

The Structures, Administration and Conduct of Criminal Justice in England and Wales – online British Council publication Crime reduction is a priority policy area for the governments of the UK , and there has been a substantial volume of new legislation and new initiatives led by the Home Office and other government departments in the UK which have resulted in many changes to both the structure and processes of the criminal justice system. A new online publication produced by the British Council's Governance team, and written by Bruce Houlder QC, a leading criminal barrister, provides an overview of the criminal justice system of England and Wales , its strengths and its shortcomings, and offers a personal critique of some of the major recent reforms.

Human Rights in Police Training, Report Five: Tutor Constables Scheme The Northern Ireland Human Rights Commission has launched a report examining human rights training in the Police Service for Northern Ireland (PSNI). Since 2000, the Commission has carried out work in monitoring the human rights training of police officers. There are many circumstances in which the police may legitimately interfere with a person's human rights in order, for example, to protect the rights of others. It was therefore important for the Commission to prioritise the monitoring of the training provided for this professional group as opposed to others. The Commission has worked closely with the Police Service to promote compliance with human rights standards through its training programme. The Commission has produced a series of four reports documenting human rights monitoring work in this area. This present report is the fifth in the series and focuses on Stage Two of the Probationer Training Programme – The Tutor Constables Scheme (TCS). The evaluation of this particular training programme concludes that although there are a number of weaknesses, in general, the training programme for Tutor Constables did successfully incorporate a human rights framework.

Gathering Evidence to Inform Disability Equality Schemes: DRC Consultation In advance of the new Disability Equality Duty coming into effect in December 2006 in the UK it has published new guidance "Gathering and Analysing Information to Inform Action" for the public on how to gather and analyse data for use in their Disability Equality Schemes which, for most public authorities, have to be published by 4th December 2006. The UK 's Disability Rights Commission (DRC) is also consulting on a draft monitoring form to be included in the guidance. The draft monitoring form is an appendix within the guidance document. Response to the consultation should returned to Laura Pollitt at laura.pollitt@drc-gb.org before 25 June 2006. The guidance considers the practical issues involved in gathering and analysing evidence about disabled people as part of the public sector Disability Equality Duty. It is aimed at those responsible for assessing how well services are delivered, and employment opportunities are offered, to disabled people. It provides help on deciding what evidence to gather and the best way to go about this. It also provides help on how to analyse the evidence gathered. The guidance places evidence gathering in the broader context of public authorities' duties to promote disability equality.

Positively Employed – a guide for employees with HIV In partnership with the National Aids Trust and Ensuring Positive Futures, the UK 's Disability Rights Commission has produced a new booklet about workplace rights for people living with HIV. The law already provides protection from sexual, racial or homophobic discrimination at work. From 5 December 2005, the Disability Discrimination Act 2005 extends disability discrimination protection to people living with HIV, from the point of diagnosis. This means that people living with HIV are protected from discrimination at work and can safely ask for ‘reasonable adjustments' if they need them. People living with HIV don't have to call themselves disabled or tell their employer that they have HIV (unless they're a healthcare worker doing ‘invasive procedures'). The DDA 2005 simply extends existing disability discrimination protection to ensure that all people living with HIV are covered, effectively from the moment they are diagnosed HIV positive.

 

NEWS STORIES

ASYLUM

'No Place for a Child': a campaign to free children in detention in the UK - by Tim Cleary A major campaign is underway to generate public and parliamentary support to free the 2,000 children detained in the UK each year for immigration purposes. The campaign, entitled 'No Place for a Child: Stop Detaining Children Now!', was set up by a coalition of organisations including Save the Children UK, Bail for Immigration Detainees, the Refugee Council, the Scottish Refugee Council and the Welsh Refugee Council. The coalition is now calling for as many individuals and organisations as possible to endorse the campaign. Over 2,000 children are held in UK immigration detention each year, for periods of up to 268 days. In March this year, Anne Callaghan of Save the Children UK, who is the campaign coordinator, visited Yarl's Wood immigration removal centre in Bedfordshire. There, she saw around forty children, including babies, locked away in an isolated centre behind barbed wire fences. Reports in 2005 by Al Aynsley-Green, the Children's Commissioner for England , and Anne Owers, Chief Inspector of Prisons, were clear in their findings that Yarl's Wood was an unfit place for children to grow and develop. Also read: Challenging detention of children New figures reveal increase in number of children locked up in the UK

Amnesty slams Australia offshore asylum policy Amnesty International says the Federal Government's new immigration policy is a violation of the United Nations convention on refugees. Secretary-general Irene Khan has launched the organisation's annual report into human rights abuses, which also criticises Australia 's record on violence in Indigenous communities, and its stance on the death penalty and the US prison at Guantanamo Bay . Ms Khan, who is the recipient of this year's Sydney Peace Prize, says in the past year the Government has introduced a range of positive reforms on the treatment of refugees, including its decision to free all children from detention. But she says the introduction of offshore processing for all asylum seekers arriving by boat will tarnish what has been a good record on refugees. Amnesty's criticism has been supported by the United Nations High Commissioner for Refugees. Also read : Migration Act changes threaten the human rights of asylum seekers - Statement by John von Doussa QC, the President of the Human Rights and Equal Opportunity Commission (HREOC) and Human Rights Commissioner Graeme Innes AM Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 - Submission by Australian Human Rights Equal Opportunity Commission to the Senate Legal and Constitutional Legislation Committee Opening Statement Submission to the Senate Legal and Constitutional Legislation Committee

CHILD

Children who live in communities affected by AIDS This short article examines the impacts that HIV and AIDS in a community has on children living in that community. In particular, the author states that children indirectly affected by HIV and AIDS can be broadly divided into two categories: those whose parents are infected with HIV; and those who have lost one or both parents to AIDS. The author reviews the different impacts that these situations have on children. The author also discusses Article 26 of the UN Convention on the Rights of the Child (CRC), in the context of children indirectly affected by HIV and AIDS, which states that children have a right to benefit from state-provided social security.

CRIMINAL JUSTICE

Cameroon: Will a new Penal Code lead to new attitudes? An information campaign is underway in Cameroon concerning a new Code of Penal Procedure that authorities say will strengthen the rule of law, making the Central African country a standard for human rights. At present, Cameroon is regularly criticised by non- governmental organisations (NGOs) for failing to respect human rights. The new code, scheduled to come into force 1 August 2006, is the result of 30 years of work by national legal practitioners assisted by French and British experts. It is intended to put an end to the cultural and linguistic duality that has characterised Cameroon since the colonial era. The new Code of Penal Procedure also introduces certain legal innovations, such as allowing detainees to be released on bail, and banning imprisonment for persons aged less than 18, those older than 60 and pregnant women.

Team to tackle delay in criminal justice system in Northern Ireland UK's Criminal Justice Minister David Hanson has announced that a dedicated team has been set up to look at how criminal cases can be put before the courts more quickly. This follows the publication of a report by Criminal Justice Inspection Northern Ireland (CJINI) into delays in the system which found that cases were taking almost twice as long to reach the courts as similar cases in England . Mr Hanson said: “We accept the findings of the report that cases are taking too long and, as recommended, have set up a dedicated inter-agency team to develop a new strategy to deliver improvements to case processing time, which will report to Ministers by July.

HUMAN RIGHTS COUNCIL

Plans underway for first Session of the Human Rights Council The first session of the Human Rights Council will be held for two weeks from 19-30 June 2006 and is likely to consist of an opening ceremony, a high-level segment, and meetings on procedural matters. 19 June will also be the start of the annual meeting of the special rapporteurs, who will therefore be present in Geneva for the first session, although it is unclear what role they will play. The Council's second session will be held in September for three weeks from 11-29 September 2006. A third session of two weeks may be scheduled for 20 November - 1 December 2006, although concerns have been expressed regarding overlap with the work of the General Assembly's Third Committee. Mexico has been elected president of the Human Rights Council for its first year. Luis Alfonso de Alba, who has been Mexico 's representative to the international organisations in Geneva , has been designated by the government to take up the presidency in June. The first session of the Human Rights Council is likely to focus on procedural issues, whereas the second session in September is expected to be more substantive in nature. Among the priority tasks, the working groups of the Commission on Human Rights will need to be given clear decisions about the future of their work and the universal periodic review mechanism will need to be put in place in time for the 14 countries serving one-year terms to be reviewed within the Council's first year. Also read The UN Human Rights Council: Just a New Name? by Andrew Galea Debono, Commonwealth Human Rights Initiative Human Rights Council: No more business as usual by Human Rights Watch The UN Human Rights Council and the Right to Development by Alan Brouder

MEDIA

2006 list of '10 Stories The World Should Hear More About' Concerned that some issues continue not to receive sustained media attention or slip off the radar screen, the United Nations Department of Public Information (DPI) has unveiled a new list of "Ten Stories the World Should Hear More About". "The media and the UN share an interest in getting information about what is happening in our world to the public," says Shashi Tharoor, Under-Secretary-General for Communications and Public Information. "But journalists are often inundated with stories, all competing for their -- and the public's -- attention. Our aim is to make it easier for them to see that important issues do not fade from the headlines." The initiative, first launched in 2004, is not meant to be representative of the Organisation's agenda. As in previous years, the 2006 list covers a spectrum of issues and geographical regions, some of which draw on troubling humanitarian emergencies and conflict situations while others focus on such vital areas as human rights (asylum law and child prisoners) and development.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

Northern Ireland Human Rights Commission criticises government attack on human rights culture The Northern Ireland Human Rights Commission has criticised recent Ministerial statements portraying human rights as a threat to public safety in the UK. In reaction to reports that the UK Government is planning to review human rights legislation, Chief Commissioner, Professor Monica McWilliams, has written to the Prime Minister, Tony Blair MP, stating: “It would be deeply regrettable for any member of your Government to lend any support to the misrepresentation of the role of human rights law as benefiting criminals and terrorists at the expense of victims. We strongly urge you and your Cabinet to reaffirm your commitment to promoting a positive human rights culture which is so important to a just and stable society.” The Commission believes that public safety is a fundamental part of human rights protection and that it is not the Human Rights Act that is the problem but weaknesses in administrative arrangements in the UK's Home Office.

Viewpoints: the UK's Human Rights Act As the UK prime minister admits he is considering re-writing the Human Rights Act, six experts - for and against the legislation - give their views "Many human rights cases have involved victims challenging governments" by Shami Chakrabarti, Liberty "We should be proud that we respect the human rights of people by Maeve Sherlock, the Refugee Council "The members of this autocratic [government] do not have to suffer the consequences" by Nigel Farage MEP, UK Independence Party "It seems criminals and illegal immigrants are elevated to some extraordinary higher status" by Clive Elliot, Victims of Crime Trust "The way the Act is working at the moment is manifestly an abuse of common sense" by David Conway, of think-tank Civitas "The volume of cases where Human Rights Act issues have been argued has been relatively small" by Simon Gallant, consultant solicitor, Mishcon de Reya Read more: Prime minister plans new human rights law Changes to the legislation are unlikely and unnecessary By Joshua Rozenberg UK's Human Rights Act under fire Human rights law 'may be changed'

Unified equality body in the UK moves a step forward The creation of a unified equality commission in the UK moved a step forward last month with the start of a number of provisions in the Equality Act 2006. The Act allows for the official establishment and constitution of the Commission for Equality and Human Rights (CEHR). This includes the appointment of the Chair, expected in late summer, followed by the appointment of the other Commissioners, expected by November. This is the beginning of the ”transition period” to the new Commission. During this time, the CEHR transition team will be working towards a seamless transfer of functions from the existing commissions: the Disability Rights Commission and the Equal Opportunities Commission in 2007 and the Commission for Racial Equality (CRE) by 2009. From October 2007, when the CEHR becomes operational, it will be responsible for providing institutional support against discrimination on the grounds of age, disability, gender, religion or belief and sexual orientation and additionally have a human rights remit. The CEHR will also be working closely with the CRE to ensure that race remains a priority area before the establishment of the CEHR and prior to when the Commission joins. Access UK's Equality Act 2006

End of SL Human Rights Commission? Outgoing Commissioner Radhika Coomaraswamy, the Asian Human Rights Commission and Amnesty International express concern about the expiration of the terms of office of the Sri Lankan Human Rights Commission on April 3, 2006. In a news item published in 'The Island' on March 29, 2006 outgoing chairperson of the Human Rights Commission of Sri Lanka, Radhika Coomaraswamy, confirmed that the terms of office of the Commission members would expire on April 3, 2006. Like the other commissions created under the 17th Amendment to the Constitution of Sri Lanka, the Human Rights Commission of Sri Lanka will be without commissioners because the Constitutional Council, which has the power to appoint the commission members, is defunct due to a failure to appoint Constitutional Council members. The Council was put in place to check political interference and ensure independence of crucial bodies. Had the Council been functioning, this would not have occurred. There are a large number of cases before the Human Rights Commission of Sri Lanka which are pending in lieu of inquiries. These cases relate to torture, disappearances, extrajudicial killings, undocumented migrant workers and other human rights violations. Read more: Urgent action needed to ensure future of Human Rights Commission by Amnesty International Reject appointment of Human Rights Commissioners, AHRC says AHRC's Position paper on Constitutional Council & Independent Commissions in Sri Lanka Amnesty International's recommendations on National Human Rights Institutions

State must ratify rights conventions says Fiji Human Rights Commission The Government should ratify international human rights conventions to allow the courts as well as economic, social and cultural groups to exercise their rights more, says the Fiji Human Rights Commission. Dr Shaista Shameem, Director of the Commission, made the call at the conclusion of a three-day workshop for judges and lawyers about the justifiability of economic, social and cultural rights in the Pacific. Dr Shameem said Fiji had not ratified International Convention of Economic, Social and Cultural Rights and the International Convention of Civil and Political Rights. Economic, social and cultural human rights are rights that protect the interests of the different groups or classes within our societies. It protects people who were denied the chance to adequate housing or no water access or those who cannot access social welfare payments from being discriminated against.

Fiji Human Rights Commission receives Australian aid The Fiji Human Rights Commission has received one hundred thousand dollars (FJ$100,000) of grant funding from the Australian government. The funding will be used to produce a self-taught type basic booklet on human rights, “Human Rights for Beginners.” It will be distributed to schools and communities throughout Fiji using the postal service. This booklet will contain basic information regarding the evolution of human rights and how they are protected in the Bill of Rights, as contained in the 1997 Constitution, and in international legislation. “The booklet will be produced in its simplest form using a self-taught type approach. It will be easy to access, read and understand without the presence of trainers and will be a great aid in human rights education at grassroots level,” said Commission Director Dr. Shameem. The production of the booklet is one of the Commission's Corporate Plan activities. It will help in the implementation of the National Action Plan for Human Rights Education.

‘Nigeria: New Bill puts Human Rights defenders of sexual rights at risk The World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, has expressed their deep concern over a Bill that would introduce criminal penalties for public advocacy or associations supporting the rights of lesbian and gay people, as well as for relationships and marriage ceremonies between persons of the same sex. As a consequence, human rights defenders and organisations defending those rights will be at a greater risk of criminalisation.

KNCHR opens first Regional Office in North Eastern Province The Kenya National Commission on Human Rights (KNCHR) will launch its first regional office in the Wajir District of North Eastern Province, on 16 June 2006. The launch of the office is in line with the KNHCR Constituting Act, which mandates the National Commission to open regional offices in Kenya under Section 14(2) of the Act: “the Commission may establish such regional office as it considers suitable for the better performance of its functions.” The National Commission's regional office in Wajir will conduct human rights investigations and provide redress to victims of violations, in addition to conducting human rights education and training to different stake holders. The opening of the Wajir office is also intended to improve accessibility to, and ownership of, the National Commission to residents of the region. The National Commission will campaign, advocate and collaborate with other partners in the enhancement of human rights as well as mainstreaming gender issues, with deliberate focus on Women, Children, the poor and the disabled, while taking into consideration the existing cultural framework. The KNCHR shall also monitor the Government's compliance with human rights norms and standards in regard to the Eastern and North Eastern regions.

KNCHR Presentation to the Kiplagat Committee On 24th April 2006, the Kenya National Commission on Human Rights (KNCHR) presented its submission to the Kiplagat Committee on restarting the constitutional review process. This presentation was made in fulfilment of the National Commission's role as Kenya 's human rights institution and in recognition of the fact that constitutional reform is a fundamental element in the country's transition to a human rights state. That substantial reforms are required in the shortest possible time is beyond question, and accordingly, it is of the utmost importance that the constitutional review process should be reconstituted and finalised with dispatch.

PRISON REFORMS

Tanzanian president pledges to improve prison conditions Following visits to three prisons, the first in Tanzania by a head of state, President Jakaya Kikwete has pledged to ensure that prison conditions improve and prisoners are treated humanely. "The aim of my visit was to learn about what is going on and I promise that the government can look for solutions, particularly on the issue of overcrowding in prison," Kikwete said. For years, human rights activists have complained against appalling conditions in Tanzanian prisons. "The situation is terrible," Kikwete said. "And there is a lot to be done to see to it that inmates are treated like human beings."

Radical proposals to improve life in prison Prison life in Kenya is set to improve tremendously if proposed amendments to the Prisons Act are adopted by the government. The proposed amendments which seek to radically make prison life more friendly include the elimination of hard labour and corporal punishment from the penal and prison system. Also proposed is the reintroduction of a 30-day parole (leave granted to prisoners to attend to their private businesses on request). Prisoners who have served longer years with a show of loyalty and discipline can from time to time benefit from parole to attend to family responsibilities. The amendments proposed by the Kenya National Commission of Human Rights (KNCHR), also compels Parliament to pass legislation to separate Borstal Institutions (Youth Correctional Centres) from the mainstream prisons, where offenders below the age of 21 years shall be sent so they can continue with their education and other vocational training through a national curriculum. The amendments also seek to safeguard the human rights of prison officials, including their right to assembly and collective representation. In Section 20 of the Act, there is proposed a Prisons Council whose mandate should include addressing the welfare of prison officers including creating mechanisms for airing labour grievances since they are not unionisable.

RIGHTS OF THE DISABLED

Virgin Blue Airlines policy change a first step Following successful discussions between Virgin Blue Airlines and the Australian Human Rights and Equal Opportunity Commission, Virgin Blue has amended its policy in relation to assistance persons for people with mobility disabilities. The policy had appeared to require many passengers with mobility disabilities to provide an assistance person to facilitate boarding. Virgin Blue has amended the policy to limit its effect to passengers weighing over 130 kilograms. “While this decision does not alter Virgin Blue's policies requiring certain passengers with disabilities to travel with a carer, a matter that remains of concern, this is an important step in resolving some of the issues that have been raised publicly,” said Graeme Innes, Commissioner Responsible for Disability Discrimination. Also read Statement by Australian Human Rights and Acting Disability Discrimination Commissioner Mr Graeme Innes AM regarding Disability access standards and airlines

RIGHTS OF THE INDIGENOUS PEOPLE

UN launches programme of action for second decade for Indigenous Peoples Secretary-General Kofi Annan welcomed the launch of a Programme of Action for the Second International Decade of the World's Indigenous Peoples – an initiative offering recommendations on the environment, development, education, health and human rights – as representatives from across the globe gathered at United Nations Headquarters in New York to meet on the issue. The Secretary-General recalled that UN Member States had reaffirmed their commitment to preserve and maintain the knowledge, innovations and practices of indigenous communities in the Outcome Document of the 2005 World Summit. They recognised the sustainable development of indigenous peoples as crucial in the fight against hunger and poverty, and pledged to present for adoption a UN declaration on indigenous peoples' rights as soon as possible. The Programme of Action for the Second Decade was meant to give practical effect to those words for the benefit of all indigenous peoples – from the northern reaches of the Arctic to the pastoralist communities of Africa , Mr. Annan said. At the end of the meeting, indigenous leaders urged the world's developed countries to take into account the concerns of indigenous communities living within their borders while implementing the Millennium Development Goals (MDGs). More on fifth session of the United Nations Permanent Forum on Indigenous Issues held from 15 to 26 May 2006 Report of the Fourth Session Draft United Nations declaration on the rights of indigenous peoples UN Forum on indigenous issues looks to new Human Rights Council UN Forum urges inclusion of indigenous peoples' concerns in global anti-poverty goals United Nations Permanent Forum on Indigenous Issues recommends adoption of declaration on Indigenous Rights by 61st General Assembly, as fifth session concludes United National Permanent Forum on Indigenous Issues discusses ways to better implement recommendations from 2002 -2004 session UN Forum speakers call for resources, legislation to help end discrimination, sexual exploitation, violence faced by Indigenous women, youth UN Forum speakers urge rapid adoption of long-negotiated draft declaration on rights of Indigenous peoples Other documents for the Fifth Session Also read e-Alert on First International Decade of the World's Indigenous People from 1995 to 2004

Commissioner Calma says violence and abuse has no place in Indigenous culture “Like everyone else I am deeply concerned and outraged by violence and rape against women and children,” Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, said. “All people must respect and honour human rights and abide by the rule of law. Indigenous women and children are entitled to live without fear of violence or abuse and should have the full protection of the law,” the Commissioner said. Commissioner Calma, who is an ambassador for White Ribbon Day which protests against violence against women, said while he supports Indigenous leaders standing up and voicing a clear message that violence against women and children in not acceptable, this is only the initial stage of redressing this appalling and unacceptable situation.

TRAFFICKING

New Zealand Human Rights Commission calls for comprehensive programme to Combat Child Prostitution "The Manukau City Council (Control of Street Prostitution) Bill is fundamentally flawed and should be withdrawn", New Zealand Human Rights Chief Commissioner Rosslyn Noonan told the Local Government and Environment Select Committee. The Commission told the Select Committee that the Bill breaches a number of rights and freedoms in the New Zealand Bill of Rights Act 1990. Aspects of the Bill are incompatible with international human rights instruments. Its development was inconsistent with a human rights approach in that it overlooked the rights of street sex workers: the group most affected, who are amongst the poorest, most marginalised and disadvantaged of New Zealanders.

WOMEN

Commonwealth Secretary-General calls for greater progress for women's roles in peace and security Inadequate resources, insufficient data, lack of political will, under-representation of women and disconnections between government and civil society hold back progress on United Nations Security Council Resolution (UNSCR) 1325 on Women, Peace and Security. Commonwealth Secretary-General Don McKinnon said this at a Wilton Park conference in the UK on 30 May 2006. "Progress on the implementation of UNSCR 1325 has been too little, and too slow," stated the Secretary-General. "It has failed to protect the women and girls it was designed to assist. In the name of tradition, culture or even security -- women have continued to be excluded from decision-making over conflict. The fact remains that where women are included; their representation is often no more than a token in character." The Secretary-General pointed out that the Commonwealth is able to act as a bridge-builder across ethnic, political and economic divides, besides promoting gender equality and women's rights. Mr McKinnon highlighted the Commonwealth Plan of Action for Gender Equality 2005-2015 which incorporates gender considerations into all of the Commonwealth's work on democracy, peace and conflict; human rights and law; poverty eradication and economic empowerment; and HIV/AIDS. The plan was in part drafted in the context of the 1979 Convention on the Elimination of All Forms of Discrimination against Women.

Women's Rights on the International Stage by Rebecca Craven The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) held its 35 th session at United Nations (UN) Headquarters in New York City from 15 May to 2 June 2006. A major focus of this year's meeting had to do with ongoing UN reform efforts. Since the committee has worked closely in the past with the UN Commission on Human Rights—recently taken over by the newly created Human Rights Council—the opening speaker stressed the importance of developing a strong relationship with the new council in the months ahead. “Women's rights had received significant attention in the agenda and work of the Commission on Human Rights,” said Rachel Mayanja, Assistant Secretary-General and special adviser on gender issues and advancement of women. “And women expect, as a minimum, a comparable degree of attention from the new council. Other major agenda items of the May session included the committee's role in recent reform work at the UN, such as increasing coherence throughout the agency and gender mainstreaming. The latter is an approach that places gender equality in the context of all governmental activities. While the committee awaits the first meeting of the Human Rights Council on June 19, it is conducting its own measures to give women a role in human rights and peacekeeping. Also read: Opening statement by Ms. Rachel Mayanja, Assistant Secretary-General and Special Adviser on Gender Issues and Advancement of Women Opening statement by Ms. Carolyn Hannan, Director, Division for the Advancement of Women Report of the Chairperson on activities undertaken between the thirty-fourth and thirty-fifth sessions of the Committee Closing remarks by Ms. Carolyn Hannan, Director, Division for the Advancement of Women Closing remarks by Ms. Rosario Manalo, Chairperson, Committee on the Elimination of Discrimination against Women Statement by Ms. Rosario Manalo, Chairperson, Committee on the Elimination of Discrimination against Women, at the Meeting with States parties

Malaysia needs new laws aimed specifically at ending discrimination on basis of sex, gender, say committee's expert members Malaysia needed new laws directed specifically at eliminating sex and gender discrimination because current laws did not sufficiently protect women's rights, members of the Committee on the Elimination of Discrimination against Women stressed during its 35th session held from 15 May to 2 June 2006 as they considered Malaysia 's combined initial and second periodic report. In their day-long dialogue with the 21-member delegation, the experts said that any new laws should include provisions for temporary special measures to hasten de facto equality between men and women at the highest level of Government and industry. They praised Malaysia for promoting the right of women to health care and education, but also indicated areas where women could still fall through the cracks. One expert member cited a federal court case, Beatriz Fernandez v. Malaysia Airlines, in which the Convention on the Elimination of All Forms of Discrimination against Women was invoked without success. The complainant had been forced to resign as a stewardess after becoming pregnant and the court had deemed it a case of contract law rather than a matter of women's rights. The Committee also pressed the delegation to explain how Malaysia would reconcile provisions under sharia (Islamic code of law) that were inconsistent with the Convention. Under that system, men enjoyed certain privileges over women in relation to divorce, the distribution of property and inheritance since they were mandated by Islam as “providers”. Questions also arose over the definition of marital rape under Malaysian law and whether it adequately criminalized that act.

 

Update on 2006 High-Level Meeting on AIDS ‘Uniting the world against AIDS' from 31 May — 2 June, 2006 at the United Nations, New York
2006 High-Level Meeting on AIDS – ‘Uniting the world against AIDS' Uniting the world against AIDS' is the theme of the 2006 High-level Meeting on AIDS, which took place in New York from 31 May to 2 June 2006. The meeting was a follow up on the implementation of the Declaration of Commitment on HIV/AIDS, adopted by UN Member States in 2001 at the UN General Assembly Special Session on HIV/AIDS. This year UN Secretary-General Kofi Annan presented a report to the General Assembly on progress made until the end of 2005, when the first set of targets in the Declaration were due. The 2006 High-Level Meeting was a comprehensive review of the progress achieved in realising the targets set out in the Declaration.
2006 Report on the Global AIDS epidemic
Monitoring the Declaration of Commitment on HIV/AIDS: 2005 Country Progress Reports
UN Secretary-General presented the report to the General Assembly on progress made until the end of 2005
30 June 2006	Press conference by Joint UN Programme on HIV/AIDS
31 May 2006	Annan urges unified fight against AIDS as UN opens session on pandemic
31 May 2006	Secretary-General's address at the opening of the plenary segment of the General Assembly High-Level Meeting on AIDS
31 May 2006	Secretary-General calls for closer engagement of HIV-infected persons in fighting AIDS
31 May 2006	Making kids champions: UN agencies team up with basketball stars to fight AIDS
31 May 2006	UN-backed Global Fund says investment in treatment and prevention pays off
31 May 2006	Opening General Assembly high-level meeting, Secretary-General says visionary - Leadership, unprecedented partnership vital to reverse spread of HIV/AIDS
31 May 2006	Involving people living with HIV in policymaking, addressing stigma, dealing with marginalised groups among issues at civil society hearing on AIDS - Secretary-General tells gathering fight against HIV/AIDS can be won only if civil society at heart of efforts
31 May 2006	Secretary-General, addressing general assembly high-level plenary, urges unified effort to fight HIV/AIDS, especially among young women
31 May 2006	In remarks to Civil Society hearing at AIDS high-level meeting, Secretary-General calls for greater involvement of people living with HIV
31 May 2006	AIDS Panel focuses on need to implement prevention measures, increase testing, strengthen education, end stigma to reduce HIV infections
31 May 2006	Press conference on Business response to HIV/AIDS
1 June 2006	Hearing reports on round tables, panel discussions, General Assembly told that 2001 commitments on HIV/AIDS not met
1 June 2006	Press conference by civil society organisations on HIV/AIDS
1 June 2006	Discrimination, violence, unequal power relations, lack of education, among reasons for increased feminization of AIDS, high-level panel told
1 June 2006	Women must enjoy control of their lives, policies, budgets to end feminization of AIDS, say leaders at UN Summit
1 June 2006	Secretary-General's remarks at concert marking 25 years of AIDS held in connection with General Assembly high-level meeting
1 June 2006	Don't kill us with diplomacy' person with HIV tells UN AIDS meeting – Annan
1 June 2006	Joint Press Encounter with the Secretary-General and the UN AIDS Executive Director following a meeting with people living with HIV
1 June 2006	Tackling AIDS pandemic requires guarding rights of women, UN meeting told
2 June 2006	Press conference on launch of global initiative to fund access to HIV/AIDS treatment
2 June 2006	Celebrities and activists join diplomats at UN to urge solidarity in fight against AIDS
2 June 2006	Draft Political Declaration
2 June 2006	General Assembly high-level meeting adopts Declaration committing to halt, reverse spread of HIV/AIDS
2 June 2006	Closing remarks on 2006 High-Level Meeting on AIDS by Assembly President Jan Eliasson
2 June 2006	Africa opts for stronger Abuja agreement over UN deal
3 June 2006	Special UN meeting on fighting AIDS promises to set new national targets

 

 

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