Commonwealth Human Rights e-Newsletter: May 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: Speech by the Rt Hon Don McKinnon, Commonwealth Secretary-General, at a conference on ‘Courting Justice: Rule of Law Reform in Africa' held in London, UK, on 26 April 2006
Content:

	1. Forthcoming Events 2. Awards 3. Reports and Publications 4. News Stories 5. Human Rights Council Election

FORTHCOMING EVENTS

2006 UN General Assembly Special Session on HIV/AIDS (UNGASS) review Meeting from 31 May to 2 June 2006 2006 UNGASS Review Meeting (also referred to as UN General Assembly High-Level Meeting on HIV/AIDS, and 2006 AIDS Summit) where UN Members States will convene to undertake a comprehensive review of the progress achieved in realising the targets set out in the Declaration of Commitment on HIV/AIDS. The meeting will take place at the United Nations headquarters in New York from 31 May to 2 June 2006. The United Nations General Assembly adopted a resolution on 23 December 2005, calling for a comprehensive review of the progress made in implementing the 2001 UN Declaration of Commitment on HIV/AIDS. Read the Resolution , Declaration of Commitment on HIV/AIDS 2001  and Report of the Secretary-General: Declaration of Declaration of Commitment on HIV/AIDS- Five Years Later

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.

Transitional Justice Fellowship 2006 Program (from mid-August to mid-November 2006 The Transitional Justice Fellowship is a joint project of the International Center for Transitional Justice (ICTJ) and the Institute for Justice and Reconciliation (IJR). This programme is seeking approximately 12 professionals from select countries ( national of any country in Africa, the Middle East, the former Yugoslavia, or one of the following countries: Afghanistan, Burma, Cambodia, Indonesia, Sri Lanka, or Timor-Leste). It is a funded three-month residential fellowship programme in Cape Town , South Africa. Applications are invited from eligible individuals in any field (including but not limited to human rights advocacy, law, journalism, research, etc.). The program is administered in a session running from mid-August to mid-November, 2006. The deadline to apply is 1 June 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.

HREA's Distance learning course on Human Rights Monitoring from 6 September - 28 November 2006 This distance learning course offered by Human Rights Education Associates (HREA's) provides participants with practical guidance on how to monitor human rights. Participants will be introduced to the doctrine and methodology of human rights monitoring, primarily as developed through the work of international organisations and NGOs, such as the Committee for the Prevention of Torture, the International Helsinki Federation for Human Rights, Amnesty International, Human Rights Watch, Association for the Prevention of Torture (APT) and national human rights NGOs. The 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 6 September 2006. E-mail will be the main medium for the course, although participants will need to have periodic access to the Web. The course tuition is € 525. A limited number of scholarships (tuition waivers) are available for applicants. The deadline for applications is 1 June 2006.

 

AWARDS,COMPETITIONS & INTERNSHIPS

Reebok Human Rights Award for 2007 – Call for nominations Established in 1988, the Reebok Human Rights Award honours young people from around the world who have made significant contributions to the cause of human rights, often against great odds. A $50,000 grant is given to further the work of each Award recipient. Award candidates must be 30 years of age or younger by December 31, 2006. Award candidates must be working on an issue that directly relates to the United Nations Universal Declaration of Human Rights. The Award is given to an individual, based on that individual's personal achievement and commitment. It is not given to groups of people, organisations, or as a memorial award to people who have died. The deadline to send nominations is 31 May 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.

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. Note that contributions should not exceed 10 000 words.

African Union Nelson Mandela Award for Human Rights Defenders The African Union is seeking nominations for the African Union Nelson Mandela Award for Human Rights Defenders, which honours an African individual or organisation that has used innovative methods of promoting human rights in the face of great odds. The deadline to apply is 10 June 2006.

 

REPORTS & PUBLICATIONS

International

U.N. refugee agency launches "The State of the World's Refugees 2006" The State of the World's Refugees: Human Displacement in the New Millennium," was launched in London by High Commissioner for Refugees António Guterres and U.K. Secretary of State for International Development Hilary Benn. The book examines the changing dynamics of displacement over the past half decade. While the number of refugees – 9.2 million – is now the lowest in 25 years, it says the international system for dealing with human displacement has reached a critical juncture as it struggles with new challenges in an increasingly globalised world. These include the plight of tens of millions of internally displaced people; widespread confusion over migrants and refugees; tightened asylum policies and growing intolerance. Also read: UN is right - UK must take more responsibility on asylum seekers says the Refugee Council, UK

Negotiating Justice? Human Rights and Peace Agreements Are peace agreements negotiated more easily if they include references to human rights? If so, is peace more durable as a result? The report 'Negotiating justice? Human Rights and Peace Agreements' published by International Council on Human Rights Policy, examines eight recent peace agreements to assess how they addressed issues such as impunity and forcible displacement. This report has been written by Christine Bell, Director of the Transitional Justice Institute, and Professor of Public International Law at the University of Ulster . The report examines human rights provisions in peace agreements, to shed some light on the role that they have in peace processes more generally. It provides a clear basis for comparisons between countries. It concludes that human rights can make practical and positive contributions to many areas of conflict resolution. Each chapter ends with recommendations and questions that can help negotiators, mediators and human rights advocates to address dilemmas that arise during the negotiation of peace agreements and when the latter are implemented.

Responding to “Violence again women”: How development policies address the issue of gender-based violence “How development interventions address the issue of gender-based violence,” by Belen Sobrino, highlights the shortcomings of current development policies to tackle violence against women, and proposes a new framework from a body politic approach to address violence against women. This paper aims to deconstruct the links between violence, gender and sexuality in order to explore how gender politics may be shaped by hegemonic discourses, belief and behaviours that promote the normalization of everyday violence against women.

Death Penalty: 20,000 on death row across the world Amnesty International (AI) revealed that over 20,000 people on death row across the world are waiting to be killed by their own governments. In its latest annual analysis on the use of the death penalty worldwide, Amnesty International also disclosed that at least 2,148 people were executed during 2005 in 22 countries -- 94 percent in China, Iran, Saudi Arabia and the USA alone. 5,186 people were sentenced to death in 53 countries during 2005. AI cautioned that these figures are approximate because of the secrecy surrounding the death penalty. “Figures around the death penalty are truly disturbing: 20,000 people are counting down to the day when the state will take their life. The death penalty is the ultimate, irreversible denial of human rights, because it contravenes the essence of human values, It is often applied in a discriminatory manner, follows unfair trials or is applied for political reasons. It can be an irreversible error when there is miscarriage of justice," said Irene Khan, Amnesty International's Secretary General. Read and download : -Facts and Figures on the Death Penalty by Amnesty International -Death sentences and executions in 2005 -Death Penalty Developments in 2005 -International Standards on the death penalty

Trafficking in Persons - Global Patterns: Virtually no country immune from human trafficking Virtually no country in the world is unaffected by the crime of human trafficking for sexual exploitation or forced labour, a new report "Trafficking in Persons: Global Patterns," published by the United Nations Office on Drugs and Crime (UNODC) shows. The report identifies 127 countries of origin, 98 transit countries and 137 destination countries. It shows that global efforts to combat trafficking are being hampered by a lack of accurate data, reflecting the unwillingness of some countries to acknowledge that the problem affects them. "It is extremely difficult to establish how many victims there are world-wide as the level of reporting varies considerably, but the number certainly runs into millions," said UNODC Executive Director Antonio Maria Costa. "It is difficult to name a country that is not affected in some way." The absence of reliable global data, such as UNODC compiles every year on the illegal drugs trade, makes it more difficult for governments and international organizations to fight trafficking effectively.

'Declaration of Commitment on HIV/AIDS: five years later' - Report of the Secretary-General This report provides an update on progress in the global AIDS response since the 2001 special session, identifies critical challenges that must be addressed and makes urgent recommendations to strengthen efforts at the global, regional and country levels. The report is based on data supplied by countries on the complete set of core indicators developed by the Joint United Nations Programme on HIV/AIDS (UNAIDS) to monitor implementation of the Declaration of Commitment on HIV/AIDS. Nearly 120 country progress reports have been submitted that update the data provided by countries in 2003. These have been supplemented by over 30 reports from civil society, as well as by national and global surveys and coverage estimates for specific programmatic interventions.

New ILO report shows marked decline in child labour worldwide Child labour, especially in its worst forms, is in decline for the first time across the globe, the International Labour Organization (ILO) said in a new, cautiously optimistic report entitled The end of child labour: Within reach. The ILO report also says that if the current pace of the decline were to be maintained and the global momentum to stop child labour continued, it believes child labour could feasibly be eliminated, in most of its worst forms, in 10 years. "The end of child labour is within our reach", says Juan Somavia, Director-General of the ILO. "Though the fight against child labour remains a daunting challenge, we are on the right track. We can end its worst forms in a decade, while not losing sight of the ultimate goal of ending all child labour." The new report says the actual number of child labourers worldwide fell by 11 per cent between 2000 and 2004, from 246 million to 218 million. What's more, the number of children and youth aged 5-17 trapped in hazardous work decreased by 26 per cent, to reach 126 million in 2004 as opposed to 171 million in the previous estimate. Among younger child labourers aged 5-14, this drop was even more pronounced at 33 per cent, says the report.

Commonwealth

Gender Mainstreaming in Conflict Transformation The main argument for this title is that gender equality needs to be placed on the policy programme of the entire spectrum of peace and conflict-related initiatives and activities in order to achieve conflict resolutions. Resolutions have been passed by the UN Security Council and in the Commonwealth Heads of Government Meeting (2001) to encourage member states to mainstream gender equality in all peace processes. This book brings together a body of work which grew from a series of symposia and workshops held by the Commonwealth Secretariat in the post-Beijing decade in collaboration with other partners. It brings the work undertaken into an advocacy, capacity-building and policy tool to contribute to gender mainstreaming in all processes of conflict transformation. As one of the Commonwealth Secretariat's publications on gender mainstreaming in key development issues, it will be of interest to those working to achieve gender equality, peace, democracy and sustainable development, particularly in situations of armed and other forms of conflict.

Gender Equality Published by the Commonwealth Secretariat, this reference book for Gender Ministers provides a snapshot account of the Commonwealth's achievements in promoting gender equality and records the advances made by women from 1995-2005. The publication highlights the work of 53 member countries and partner organisations across the Commonwealth. The country profiles and regional reports will enable policy-makers, development practitioners and partner organisations to build on achievements and learn from the challenges encountered. The publication also identifies emerging issues that need to be addressed by the Commonwealth in the decade ahead.

Africa

Human Rights, Formalisation and Women's Land Rights in Southern and Eastern Africa Land is a vital resource for rural livelihoods. How far has land reform advanced in Tanzania, Mozambique, South Africa, Zimbabwe and Kenya? These are societies where, among the indigenous population, men have had primary land rights and women secondary derivative rights. How effectively has gender equality been implemented in their land reform policies? What problems need to be resolved, what are the forces resisting change and what remains to be done? This report adopted the human rights based approach (HRBA), to spell out a human rights framework for gender-equal and non-discriminatory land reform/formalisation processes. This report from the University of Oslo and the Norwegian University of Life Sciences was commissioned by the Norwegian Agency of Development Cooperation.

Asia

Rule of Law and Human Rights in Asia This publication consists of a series of lessons, prepared by the Human Rights Correspondence School, a project of the Asian Human Rights Commission (AHRC), on the relationship between the rule of law and the implementation of human rights in Asia. The four lessons deal respectively with the rule of law and human rights implementation, the role of the police, the role of the prosecution and the role of the judiciary. Together, the lessons speak to the flaws in each of the justice mechanisms - the police, prosecution and judiciary - and, using specific cases from different Asian countries, are able to show how these flaws prevent the realisation of people's rights. The cases include prison officials in India setting a prisoner on fire for daring to complain about poor prison conditions, a torture victim in Sri Lanka killed one week prior to testifying in court against his torturers, court orders in Nepal routinely ignored by the military and the attorney general of Indonesia refusing to investigate and prosecute gross human rights violations.

Australia

Accessible Events – a guide for Organisers by AHREOC Accessible Events – a Guide for Organisers, developed by Meeting Events Australia (MEA) and the Australian Human Rights and Equal Opportunity Commission, helps organisers to make their events more accessible to the millions of Australians with a disability. “Events such as conferences, festivals, awards ceremonies, fundraisers and seminars are important parts of all of our lives. Yet many organisers are cutting out a large chunk of their potential market by failing to ensure access for people with a disability,” said Human Rights Commissioner and acting Disability Discrimination Commissioner Graeme Innes. The guide covers issues such as: choosing a venue; transport to and from the venue; promoting and registering for events; catering; staff training; the use of technology, and; includes a useful contacts section for people looking for more detail. It also discusses the legal responsibilities event organisers have under anti-discrimination law.

Canada

Ten-Year Status Report on Women's Corrections, 1996-2006 Correctional Service of Canada's (CSC) Ten-Year Status Report on Women's Corrections was released on 27 April 2006. The Status Report was prepared in response to a recommendation of the Correctional Investigator of Canada and highlights progress, challenges and future directions within women's corrections. The release of the Status Report coincides with the tenth anniversary of Justice Louise Arbour's 1996 report, Commission of Inquiry into Certain Events at the Prison for Women, which was influential in effecting broad policy and change in culture throughout CSC. The Status Report details CSC's action in response to recommendations from the Arbour Report, as well as the recommendations from other major reviews on women's corrections since 1996 by the Auditor General of Canada , the Standing Committee on Public Accounts and the Canadian Human Rights Commission. The Status Report also discusses key themes that have emerged from these reviews, such as human rights, segregation, crisis management, cross-gender staffing, Aboriginal women offenders, programs, employment and community transition.

The Canadian Human Rights Commission tables its 2005 Annual Report The Canadian Human Rights Commission tabled its 2005 Annual Report on 3 May 2006 in the House of Commons. The report describes significant improvements to the Commission's productivity over the past four years and changes to the organisation's structure. After thoroughly modernizing itself, the Commission begins a new phase with a clear focus on prevention and research. "Improvements to the Commission's processes have had clear results and created a solid foundation for continuing its important work on behalf of Canadians," said Mary Gusella, who will retire as Chief Commissioner on May 30th. "While continuing to address complaints, we can now tackle human rights issues through other means, such as prevention and research." Since 2002, the Commission has increased its productivity substantially. By the end of February 2006, it had reduced the number of active cases by 44%, and virtually eliminated a backlog of cases. The average age of cases at the Commission is now 9.5 months, compared to 25 months in 2002, and the Commission is making steady progress toward a service standard by which 85% of cases will be resolved within one year's time. Read the Annual Report

Malaysia

‘Help Wanted: Abuses against Female Migrant Domestic Workers in Indonesia and Malaysia' Thousands of Indonesian domestic workers in Malaysia are being abused because government policies in both countries fail to protect them, Human Rights Watch said in a new report ‘Help Wanted: Abuses against Female Migrant Domestic Workers in Indonesia and Malaysia'. More than 90 percent of the 240,000 domestic workers in Malaysia are Indonesian. The report documents how they typically work gruelling 16 to 18 hour days, seven days a week, and earn less than U.S. $0.25 per hour.   Malaysia 's laws exclude domestic workers from most labour protections and Indonesia does not yet have any specific laws protecting migrant workers. The two governments must amend labour laws, rigorously monitor labour agencies, and provide quality support services to victims, Human Rights Watch said.

Mauritius

Annual report of NHRC, Mauritius: Human Rights in Mauritius - Not a Pretty Picture The National Human Rights Commission of Mauritius has published it's 2005 edition of the annual report. The situation in the prisons is among the main topics discussed. In its annual report for 2005, the NHRC provides a comprehensive overview of the human rights situation with respect to the police force, the prisons, the judiciary and the Director of public prosecutions (DPP), sex discrimination and sexual harassment as well as review of laws. It then offers a series of recommendations relating to each of the aforesaid fields. The report concludes with an exhaustive list of statistics detailing the number and nature of complaints received and processed by the Commission last year. The Commission notes a significant drop in complaints against the police for brutality, as well as in the number of deaths in police detention.

Nigeria

Promoting Women's Rights through Sharia in Northern Nigeria This report is published by Centre for Islamic Legal Studies, Ahmadu Bello University , Zaria , Nigeria with the support of DFID Nigeria's Security, Justice and Growth Programme implemented by the British Council. The report documents both exemplary and harmful practices affecting Muslim women in Northern Nigeria , and evaluates them according to Sharia ( Sharia is often referred to as Islamic law) . Based on a desk review, consultations with various stakeholders and a national conference the report spans a wide area and consists of diverse ethnic groups, most of whom are Muslim. The report documents some negative and positive practices relating to the rights of Muslim women in Northern Nigeria . This report is part of a project that seeks to promote respect for the rights of Muslim women in Northern Nigeria through Sharia.

Emergence of regional courts and implications for Human Rights monitoring and enforcement in Nigeria The emergence of regional courts under the auspices of bodies such as the African Union presents an important opportunity to improve the human rights record of many African States. However, as the various processes and negotiations regarding their establishment and operations evolve, there is an evident need to uphold principles such as unrestricted access, judicial autonomy and robust enforcement machinery. This policy brief by Development Initiatives Network of Nigeria examines the implications of these recent developments for human rights monitoring and enforcement in Nigeria. It identifies issues that will need to be clarified in the operations of the courts, and where relevant, compares the experience with similar courts in other parts of the world.

United Kingdom

Child first, migrant second: Ensuring that every child matters -Guidelines for best practice Produced by the Immigration Law Practitioners' Association (ILPA), the aim of this paper is to examine the impact of recent changes in asylum and immigration law and practice on children subject to immigration control within the context of the ECM (Every Child Matters) framework. The paper argues that this problem is exacerbated by the recent introduction of policies that encourage local authorities to exclude migrant children from the provision of the Children Acts (1989 and 2004) as part of the wider government objective of controlling immigration. Social workers who are supposed to be protecting children are increasingly being required to behave as if they are immigration officers. The paper argues that these roles are ultimately incompatible. The paper sets out the implications of the current approach for separated asylum seeking children, asylum seeking children in families, trafficked children and young people, and children in private fostering arrangements. It makes concrete and specific recommendations for ensuring that each of these groups of children matter in policy and practice. Also see: ‘Working with children and young people subject to immigration control Guidelines for best practice' published in November 2004 Every Child Matters: Change for Children

Tanzania

Domestic violence in Tanzania a serious concern - WHO Tanzania is one of several low-income countries with a high rate of domestic violence, according to a recent study by the World Health Organization (WHO) on women's health and domestic violence against women. Women in Tanzania, as well in the other countries covered by the study, reported being punched, kicked, dragged, choked, intentionally burned and, in some of the worst cases of sexual violence, threatened with weapons. Those who experienced physical or sexual violence faced several health problems, including pain, difficulty in walking and carrying out daily activities, dizziness and erratic memory. The study also revealed that 7 percent of the women were beaten by their partners while pregnant. In Dar es Salaam , 38 percent of those beaten while pregnant reported being punched or kicked in the abdomen. Read WHO Multi-country Study on Women's Health and Domestic Violence against Women

 

NEWS STORIES

ASYLUM

UN Concerned about new asylum measures in Australia The U.N. refugee agency (UNHCR) is expressing concern about proposed new measures by the Australian government to tighten its border control to deal with new boat arrivals. Under the proposed new legislation, it says all people arriving by boat would be transferred offshore to have their asylum claims processed. UNHCR says it has not seen the proposed legislation, but says a press statement from Australia 's immigration ministry outlining the main aspects of the new policy raises many concerns. UNHCR Spokeswoman Jennifer Pagonis says under the new legislation anyone arriving by boat on the mainland or in the so-called offshore excised area would have his or her asylum claim processed offshore. In 2001, the Australian Government designated certain of its island-territories as 'excised offshore places.' This means, in most cases any unauthorized person who arrives in one of these territories will not be able to apply for an Australian visa. This was one of a series of measures the Australian government took to deter human trafficking. Pagonis says the UNHCR shares Australia 's concerns regarding people smuggling and understands the difficulties of managing irregular arrivals in its territories. But she says the proposed offshore processing procedure is worrisome. She says if it is not done in conformity with the 1951 Refugee Convention, asylum seekers arriving by boat might not get a fair hearing. And some genuine refugees might not get the international protection to which they are entitled. She says the asylum seeker might be penalized for entering the country illegally. Also read --Statement by John von Doussa QC, the President of the Australian Human Rights and Equal Opportunity Commission (HREOC) and Human Rights Commissioner Graeme Innes AM --Australia: One step forward - two steps back Amnesty International calls for an immediate halt to proposed legislation to punish asylum seekers arriving by boat

CRIMINAL JUSTICE

Right to corruption free system is essential for the realisation of other human rights says Indian NHRC The Chief Justice of India Mr. Justice Y.K.Sabharwal has called for transparency and accountability to fight the menace of corruption. Delivering the Valedictory address at the two-day national conference on "Effects of Corruption on Good Governance and Human Rights", organised by National Human Rights Commission from 9 May to 10 May 2006, the Chief Justice of India asked the media and judiciary to play an active role working out concrete measures to fight corruption. Justice Sabharwal said efforts should continue to make the criminal law apparatus more accountable. In his presidential address Dr. Justice A.S.Anand, Chairperson, NHRC called on civil society to shun the corrupt and begin a crusade for a new social order, free of corruption. He said that if we want a corruption free society then we have to go back to basic education and inculcate moral and ethical values in young minds. He asked the next generation to take up the issue of corruption and work for a corruption free society for our forthcoming generations. Justice Anand emphasized that civil society should have zero tolerance to corruption so that our efforts do not remain rhetoric only. The other speakers were of the opinion that corruption is one of the sources of violation of human rights of the citizenry; that laws and rules are there but these need to be implemented effectively for corruption free governance; that whistle blowers need to be protected; e-governance should be practiced; and that transparency and accountability should be the basis for governance.

International Day against Drug Abuse and Illicit Trafficking on 26 June 2006 – UNODC campaign The UN Office on Drugs and Crime (UNODC) has selected "drugs are not child's play" as the theme of its 2006 international campaign, in an effort to increase public awareness about the destructive power of drugs and society's responsibility to care for the well-being of children. The latest estimates indicate that 200 million people, or 5 per cent of the global population age 15-64, have consumed illicit drugs at least once in the last 12 months. But what about kids? What about children (aged 4 to 10)? Although they are seldom the object of national and international studies, children of all ages are affected by drug abuse and illicit trafficking. Street children, working and living in dire conditions, are vulnerable, as are boys and girls whose family members are buying or selling illicit substances. These kids are exposed not only to bad examples but also to violent behaviour associated to drug abuse.

DEATH PENALTY

Amnesty regrets proposal to extend the use of death penalty by Malaysia Amnesty International Malaysia said it regrets that the Malaysian government is proposing in its Water Industry Bill 2006 to extend the use of the death penalty for anyone found guilty of contaminating water sources. Amnesty International Malaysia's executive director Josef Roy Benedict said Malaysia was one of 74 countries in the world which still imposes the death penalty. Roy Benedict said that the death penalty diverted attention from consideration of alternative and more effective measures needed to prevent crime.

JUVENILE JUSTICE

Inquiry finds unacceptable physical restraint techniques used on child detainees in the UK The death of 15 year old Gareth Myatt in April 2004 while being restrained by three officers in Rainsbrook Secure Training Center, Northamptonshire, England, spurred an independent inquiry into the treatment of juvenile detainees in prisons across England and Wales. Results divulged mid February concluded excessive force is being used to control juvenile detainees. The Carlile Inquiry recommended a ban on the use of handcuffs for child offenders, cutting down the use of physical restraints by at least 50%, and that full strip searches are abolished. Frances Crook, director of the Howard League for Penal Reform that led the investigation, complained that “children are placed in cells built for adults that are stone cold with no radios or televisions. Most of these kids can't read, so they have nothing to do. It's like putting them in a dungeon. It's medieval. The children are told if they behave they will be allowed out. But they don't know how to control themselves, that's why they're in prison in the first place.” Lord Carlile, who led the inquiry, said he was shocked with the restraining techniques used against child detainees

HEALTH

Indigenous health needs to be addressed with a holistic rights-based approach Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma said the release of a national health survey by the Australian Bureau of Statistics (ABS) was further confirmation that Indigenous health is in crisis and requires immediate attention. Commissioner Calma said: “It is unacceptable that Indigenous Australians are dying 17 years younger than other people in Australia and it is an absurdity that Indigenous health status is what it is in modern day Australia . The ABS figures reinforce the importance of the campaign for achieving Aboriginal and Torres Strait Islander health equality within a generation which I have set out in my latest Social Justice Report." Commissioner Calma warned that governments risk failure if they develop and implement policies about Indigenous issues without engaging with the intended recipients of those services. Read the Indigenous Health Challenge outlined in the Social Justice Report 2005

HUMAN RIGHTS COUNCIL

Will Human Rights Council have better membership? by Lawrence C. Moss Human Rights Watch observed in April 2001 that countries with poor human rights records were seeking seats on the United Nations Commission on Human Rights (Commission) not to strengthen human rights but instead to protect themselves from criticism. Members with "egregious human rights records" were one reason the former Human Rights Commission often failed to take strong action on human rights abuses. Even democratic governments are often reluctant to join in condemnation of other countries when doing so could harm the many other interests and ties — economic, political, security, regional, cultural, or religious - they have with those countries. Human Rights Watch argues that the new Human Rights Council's increased membership standards will discourage abusive states from joining. But whether "democratic government" members will also take their Council responsibilities seriously remains to be seen. Update on Human Rights Council Election held on 9 May 2006

MEDIA

Kenya calls to enact freedom of Information Legislation A draft Freedom of Information Bill for Kenya has been drawn up, but has yet to be tabled in parliament. "The (bill) will guarantee not only freedom for the media to access government information, but will also give the public the right to this information," said Absalom Mutere, chairman of the Media Council of Kenya (MCK) Board of Trustees. The Council, based in Nairobi, is an independent body that seeks to improve journalistic standards. As it stands now, the constitution provides for freedom of expression, but fails to stipulate a right to information. A new constitution that had included provisions for press freedom as well as access to information was rejected by Kenyans during a referendum held in November 2005 largely because of fears that the draft also gave the presidency too much power. The appeal for a freedom of information bill comes amidst broader concerns about the state of the press in Kenya.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

UN criticises Canada for human rights record by Lisa Schlein of Canadian Press A United Nations watchdog group has harshly criticized Canada for its failure to live up to its commitments under an international treaty that protects people's economic, social and cultural rights. In a tough assessment, one of the Committee's 18 independent experts noted that “some situations (in Canada ) had actually got worse” since Canada 's record was last scrutinised in 1998. Canada is one of five countries being examined by the UN Committee on Economic, Social and Cultural Rights on its compliance with the international covenant dealing with those rights. Each of the 153 states that is party to the treaty, effective from 1976, has to submit a periodic report to the Committee. The Committee grilled Canada for two days about its record on poverty, homelessness, indigenous and migrant rights, health and education. “Many of the issues our Committee raised in 1993 and 1998 are unfortunately still live issues today. Years later, the situation appears to be unchanged, and in some respects worse,” said Ariranga Govindasamy Pillay, an expert from Mauritius . In presenting Canada's report, Alan Kessel, a legal adviser to the Department of Foreign Affairs and International Trade, said Canada is “proud of its record of achievement in the promotion of economic, social and cultural rights.” Canada is at the forefront of promoting human rights internationally and domestically, and “its efforts had paid dividends,” Mr. Kessel said. Also read: Canadian Human Rights Commission's submission to the United Nations Committee on Economic, Social and Cultural Rights on the Fourth and Fifth Periodic Reports of Canada under the International Covenant on Economic, Social and Cultural Rights

Basic socio-economic rights are still lacking by Christelle Terreblanche South Africa 's constitution celebrated its 10th anniversary on 8 May 2006. The anniversary provided scope for reflection on those rights which have not been fully realised, particularly for the very poor in society. Some of the most controversial and memorable constitutional debates have centred on the socio-economic rights contained in the Bill of Rights. Although these rights, known as the second-generation rights - such as the right to decent shelter, health care, social security and adequate food - are not absolute rights, advocacy and interest groups continue to challenge the state over the way it has been implementing the bill. Jody Kollapen, the chairperson of the South African Human Rights Commission (HRC) said that, despite the criticism the government had made huge strides in realising these rights - for instance broadening the scope of social security from 3 million people in 1994 to 10 million. Summing up the reservations many still have, however, Kollapen said the question now "should be whether the quality that accompanies the delivery of socio-economic rights is of the nature that the constitution envisaged".

PRISON REFORMS

Enhancing human rights awareness among Cameroonian Police and Prison Officers A four day human rights training workshop organised by the Commonwealth Secretariat's Human Rights Unit (HRU) and the Cameroon National Commission on Human Rights and Freedoms (NCHRF) commenced on 8 May 2006 in Yaoundé. 30 senior police and prison planning and training officers from all over Cameroon attended the workshop, which is part of the Commonwealth Secretariat's ongoing programme to promote awareness of human rights among law enforcement agencies. Rabab Fatima, Head of HRU, said the Cameroon workshop is the first country-specific workshop that includes prison officials. “The Secretariat has been working with the Government of Cameroon towards bringing the NCHRF in line with Commonwealth Best Practice guidelines and UN Paris Principles on viable and independent national human rights institutions. We hope to see greater progress in human rights in the Commonwealth with the increased awareness of their benefits and the impact on justice, peace and security. It is important for law enforcement officials to be well-versed with human rights laws in order to carry out their duties efficiently, effectively and with fairness.”

PCHR- Pakistan fact finding mission reveals gross Human Rights abuses in Adiala Jail After receiving complaints from inmates, NGOs and media about practices of brutal torture and inhuman treatment of prisoners and reports of 2 custodial killings, a fact finding mission from the Parliamentarians Commission for Human Rights (PCHR), Pakistan visited Adiala Jail to get a real account of recent events. During its inspection visit, the fact finding mission revealed that the gross human rights violations are taking place in Adiala Jail of Pakistan. The commission comprised of Executive Director PCHR, Kashmala Tariq (MNA), Syed Javed Ali Shah (MNA), Haroon Ehsan Paracha (MNA) and Shafique Chaudhry, Chief Coordinator PCHR. During their visit they observed that instead of using professional skills, jail authorities often use coercive measures in a regular manner to maintain law and order in the jail. The fact finding mission also visited the punishment cell, 'A' class barracks, the jail hospital and the women's ward and found that no jail superintendent and other staff of the jail were present there. This practice has lead to frequent and gross violation of human rights. Mostly prisoners showed the sign of physical torture on their bodies to the delegates. It was also noticed that insufficient medical treatment was provided to victims of torture in the jail's hospital. Overcrowding and the absence of basic amenities was also observed as fundamental problem, which inmates and jail authorities are facing.

RIGHTS OF THE DISABLED

From paupers to citizens: independent living and human rights in the UK The Disability Rights Commission (DRC), UK presented a paper on independent living at the 'Human Rights: Transforming Services?' conference in March. The paper examines the relationship between human rights and independent living for older and disabled people in the context of current reforms in public services and the future equalities agenda. It focuses on the extent of exclusion that older and disabled people face as a result of limited rights to independent living. The paper also examines the prospects for achieving legally enforceable rights to independent living and promoting independent living as a human and civil rights issue, particularly in the context of the forthcoming Commission for Equality and Human Rights (CEHR).

Rolling back rights of the intellectually disabled in Australia Twenty years ago Victoria state in Australia passed a landmark Intellectually Disabled Persons' Services Act that saw the state lead the world in recognising the capacity of people with intellectual disability for social, emotional and intellectual development and their right to live in the community with access to the services available to everyone else. That act will disappear from the statute books with disability legislation now in the final stages of consideration by State Parliament. The new disability act, while strengthening some rights, will take away important entitlements for people with intellectual disabilities. Concerns about the loss of these entitlements were consistently raised during consultation on the act. The losses are especially significant in the area of planning. The new act provides a single legislative framework for all people with disabilities, generally not differentiating between groups. As a result, planning provisions are less precise and prescriptive, since they must be applicable to people with physical impairments — many of whom can well articulate needs their own needs and direct their own lives — as well those with severe intellectual and communication impairments for whom negotiating their needs and wants is a far more complex proposition.

NHRC releases a handbook on employment of the Disabled The National Human Rights Commission (NHRC) of India has released a handbook on employment of persons with disabilities in the Government. Releasing the publication, NHRC chairperson Justice A.S. Anand emphasised that the approach to persons with disabilities needed to shift from "welfare" to a "rights-based" approach. "Litigation around disability issues is a living example of the indifference and ignorance on the part of State authorities," he said. Speaking at the release, NHRC's Special Rapporteur on Disability Anuradha Mohit said the handbook was aimed at legal practitioners, administrators, labour lawyers and persons with disabilities. "The rules that govern reservation for employment of disabled persons in the government are so elaborate that any administrator would find it difficult to keep track," she said. The handbook is the result of a project launched jointly with the Canadian Human Rights Commission in 2003, and has been compiled in collaboration with the Human Rights Law Network. The handbook, in a question-answer form, answers almost all questions pertaining to the employment of the physically challenged. Divided into 15 chapters, the book tries to sensitize employers on the rights of the disabled. From giving the definition of disability, the book goes on to help in identification of posts and modifications in the interview and written tests for the disabled. The book advocates the importance of a barrier-free work environment. The Commission also released a compilation of International Instruments on Human Rights in Hindi in two volumes.

HREOC welcomes mental health funding announcement Mental health funding of A$ 1.8 billion over 5 years is a welcome start to addressing the mental health crisis in the Australian community, Human Rights Commissioner Graeme Innes said. Mr Innes said that the funding appeared to be aimed at moving away from the containment and care model of previous decades and would assist people with a mental illness to live with dignity in the community. He called on the Federal Government to take the lead role in coordinating the long-term efforts to address the deficits in mental health care and for States and Territories to match the Commonwealth commitment. “This funding acknowledges deficits in key areas of mental health services,” said Mr Innes. “It addresses the need for the provision of support services to enable people with mental illness to live in the community, provides support for families and will help to expand the mental health workforce. However, without State and Territories matching the Commonwealth funding, the A$1.8 billion will be nowhere near enough.” Mr Innes said that he looked forward to further detail from the Commonwealth as well as substantial commitments from the States and Territories. He also said he looked forward to more detail on programs for Indigenous mental health, which was highlighted in both the Senate Select Committee on Mental Health's First Report ‘ A national approach to mental health - from crisis to community' and the report ‘ Not for service: Experiences of injustice and despair in mental health care in Australia' . Mr Innes pointed out that ‘Not for service' recommended an increase in funding on mental health care services by 1% per annum for each of the next five years so that by 2010 expenditure will be equivalent to 12% of total health care funding.

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," 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 NZ Bill of Rights Act 1990. Aspects of the Bill are incompatible with international human rights instruments and 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. The Bill is a disproportionate response to the problem. It is also an insufficient and inadequate response. Read New Zealand Human Rights Commission's submission

WOMEN

New sexual offences bill of South Africa fails to protect rape survivors Gender activists in South Africa are describing a new sexual offences bill as a step backwards in terms of rape survivors' ability to protect themselves from HIV infection. After languishing in various draft forms for nearly a decade, the bill was approved by cabinet and is expected to pass this month, with little opportunity for further public debate. The original draft recommended that all rape survivors have access to post-exposure prophylaxis (PEP), a course of antiretroviral drugs that can reduce the risk of contracting the HI virus from an HIV-positive attacker by as much as 80 percent if started within 72 hours of exposure. In addition to the provision of PEP at all medical facilities, the draft bill recommended that rape survivors receive treatment for the prevention of pregnancy, other sexually transmitted diseases and psychological distress. The new version of the bill mandates designated public health facilities to provide rape survivors with PEP, but makes no mention of other treatment or counselling services; unlike the original bill, it makes access to PEP drugs dependent on the victim laying criminal charges.

Uganda: Domestic Relations Bill stalls again There were strong protests in Parliament on 2 May 2006 when justice state minister Adolf Mwesige asked the House to defer a general debate on the Domestic Relations Bill (DRB) to allow further consultations with the Muslim community on the Bill. The item was on the Order Paper for the Bill's second reading, but instead of moving a motion to that effect, Mwesige, who is the Deputy Attorney General, instead explained why he could not proceed with the Bill to the annoyance of the legislators who argued that the Bill has taken too long. This is the third time that debate on the Bill is being deferred. Women activists who sat in gallery to a witness debate were equally disappointed with the turn of events.

 

Update on Human Rights Council Election held on 9 May 2006

Human Rights Council Elections on 9 May : 47 Seats, 64 Candidates, 64 Pledges 47 members have been elected at the first elections to the Human Rights Council held on 9 May 2006. These include 12 members from Commonwealth countries - Cameroon, Canada, Ghana, India, Malaysia, Mauritius, Nigeria, Pakistan, South Africa, Sri Lanka, United Kingdom and Zambia. Kenya and Tanzania had withdrawn their candidacy. Preparations will begin in Geneva for the first meeting of the Council on 19 June 2006. There were 64 candidates for 47 seats. All candidates had submitted pledges outlining their human rights commitments. Human Rights Watch, which had launched its website analyzing candidates' human rights records, had urged Member States not to vote for the seven following countries, based on their human rights records: Azerbaijan, China, Cuba, Iran, Pakistan, Russia and Saudi Arabia. As part of its Asian Campaign on the Human Rights Council, Forum-Asia analyzed pledges submitted by 11 of the Asian candidates, noting that comparatively, Bangladesh, Pakistan, Malaysia and China had provided the lowest number of specific commitments in their pledges. Amnesty International had prepared a summary overview of pledges and commitments made by each candidate matched against the suggested elements published by the Office of the High Commissioner for Human Rights.

Human Rights Council Election Results

GA Resolution 60/251 Establishing the Human Rights Council

Secretariat's Note on Human Rights Council Election

Secretariat's Briefing on Human Rights Council Election

OHCHR recommendations for Voluntary Pledges

Country pledges

List of Candidacies

Amnesty International's Guide to UN Human Rights Council Candidates

Amnesty International: Summary overview of candidate pledges and commitments

Human Rights Watch: Human Rights Council Elections

Forum-Asia's briefing paper on Asian candidates

Forum-Asia: Asian Campaign on the Human Rights Council

UNHRC Elections page

NGOs on Candidate Pledges and their perspectives from the Developing World

 

 

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