Commonwealth Human Rights e-Newsletter: November 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: ‘The Death Penalty - a matter of principle' Speech delivered by the Hon John von Doussa QC President, Australian Human Rights & Equal Opportunity Commission on 22 October 2006
Content:

	1. Forthcoming Events 2. Awards 3. Reports and Publications 4. News Stories
IMPORTANT ANNOUNCEMENT -- Closure of the British Council's Commonwealth National Human Rights Commissions project (CNHRCP) British Council's Commonwealth National Human Rights Commissions project (CNHRCP) in which your organisation has participated is coming to an end on 31 December 2006.  The specific aim of the project has been to develop a network and support system for National Human Rights Commissions in the Commonwealth in order to increase the impact of their work.  This was to be achieved by: a series of practical workshops, which assisted capacity building within the participating organisations through skills and knowledge development and reciprocal learning; the publication of training and information materials; and a proactive information service. After much consideration it has been decided that the current project has now reached a natural conclusion.  However, we are currently in discussion with partner organisations to consider whether elements of the project could continue in a different form.  The project website www.britishcouncil.org.in/NHRIs will remain in place as an archive of the project's materials and publications. Read more

FORTHCOMING EVENTS

The CRE Race Convention 2006 in London from 27-28 November, 2006 This November, the Commission for Racial Equality, UK will host a major international conference in London to mark its 30th anniversary. The Commission for Racial Equality is established by the 1976 Race Relations Act to lead the fight against discrimination and to promote good race relations. It will be a landmark event with high-profile speakers, up-to-the-minute debate, practical workshops, a host of cultural activities and networking opportunities. Convention 2006 will bring together people from all parts of society to debate of some of the most critical issues facing the UK, Europe and beyond. The convention will Act as a forum for debate on key issues, including integration, identity, equal opportunities, migration, diversity, the role of business in promoting equality, community relations, inter-faith relations, racism, extremism and free speech.

Human Rights Council begins its next session from 27 November to 8 December 2006 The Human Rights Council (HRC) has scheduled the resumption of its second session for 27 November to 8 December 2006.  The HRC's second session was begun in Geneva on 18 September and suspended on 6 October without substantive decisions being made.  After considering the pending issues from the second session, the Council will open its third session on 8 December.

28th Annual International Human Rights Training Program (IHRTP) in Ste-Anne-de-Bellevue, Québec, Canada, from 10 June to 20 June 2007 Equitas will be holding its 28th International Human Rights Training Program (IHRTP) in Ste-Anne-de-Bellevue, Québec , Canada , from 10 June to 29 June 2007. This annual, three-week program brings together around 120 participants from approximately 60 countries. The participation fee is $4,800 Canadian. This includes tuition, accommodation, meals, program materials and emergency medical insurance. There are a limited number of bursaries available. The deadline for applications is 1 December 2006.

 

AWARDS,COMPETITIONS & INTERNSHIPS

Martin Ennals Award for Human Rights Defenders The Martin Ennals Award for Human Rights Defenders (MEA), created in 1993, is granted annually to someone who has demonstrated an exceptional record of combating human rights violations by courageous and innovative means. The award aims at encouraging human rights defenders who are at risk and therefore in need of immediate protection. This main objective of protection is mostly achieved through media attention, particularly in the country or region of origin of the laureate. In addition, the award consists of 20,000 Swiss Francs, to be used for further work in the field of human rights. Anybody can nominate any individual or organisation by filling out the appropriate form. Nominations for award should reach the Martin Ennals Foundation (MEF) by 9 December 2006.

Jonathan Mann Award for Global Health & Human Rights This award has been established to honour Jonathan Mann and help to call continued attention to the vital links between health and human rights. The award is presented annually to a leading practitioner in health and human rights. The award comes with a substantial financial prize to allow its recipient a measure of freedom to pursue his or her work in the area of global health and human rights. The deadline for submitting nominations for the 2007 Award is 15 January 2007.

 

REPORTS & PUBLICATIONS

International

“Voices Against Violence” - Six key steps to end violence “Voices Against Violence”, a publication responding to the UN Study on Violence Against Children, was launched by Save the Children, along with the child friendly associate publication “ Safe You and Safe Me ”. "Voices Against Violence" lists six key recommendations on actions that need to be taken in order to end violence against children and backs those up with examples of how action in many of these areas has been used effectively by Save the Children already. Save the Children calls upon governments to commit to ending violence against children as a matter of urgency. This goal can be achieved by building effective national child protection systems based on a child rights framework.

Toolkit launched by UNODC to help in fight against human trafficking The United Nations Office on Drugs and Crime (UNODC) launched a toolkit to help Governments, policy-makers, law enforcement agencies and NGOs tackle human trafficking more effectively.  It contains practical tools for police and other law enforcement officers such as a checklist to help identify trafficking victims as well as guidance on interviewing victims and victim protection. The toolkit outlines key aspects of a comprehensive response to human trafficking, such as the need to bring national legislation into line with international standards and strengthen international cooperation in criminal justice, including the extradition of criminals, seizure of assets and confiscation of the proceeds of crime. The toolkit addresses questions such as medical, psychological and legal protection, as well as shelter for victims.  It suggests ways to deal with the immigration status of victims and measures to facilitate voluntary repatriation and resettlement.  It also examines the issue of prevention of human trafficking. UNODC's report ‘Trafficking in Persons: Global Patterns – 2006'

Internally Displaced People - Questions & Answers This paper from UNHCR is a compilation of questions and answers regarding Internally Displaced Persons. For decades they were largely ignored and forgotten, but together they probably comprise the world's largest group of vulnerable people. Currently, there are an estimated 23.7 million of them in at least 50 countries living amidst war and persecution. They have little legal or physical protection and a very uncertain future – outcasts in their own countries. Bureaucratically, they are described as IDPs – or "internally displaced persons." In the real world, they are civilians, mostly women and children, who have been forced to abandon their homes because of conflict or persecution to seek safety elsewhere. (Another 25 million people, also labeled as IDPs, are victims of natural disasters such as earthquakes and floods rather than war and other forms of persecution).

Achieving women's economic and social rights: strategies and lessons from experience Produced by Association for Women's Rights in Development (AWID) this report is a collaborative effort from over 50 activists working in diverse settings all over the world. They were asked to comment on what strategies they found most useful in their efforts to improve economic and social rights for women. What were the greatest challenges they were encountering in their work? Did the framework of economic, social and cultural rights (ESCR) as expressed in the International Covenant on Economic, Social and Cultural Rights, actually fulfil its promise in presenting them with a new and more effective approach to their work? The report synthesises and analyses some important examples and lessons that emerged through this investigative process. The report draws on case studies and examples, strategies for success and lessons from experience in translating "rights on paper" to ensuring their concrete implementation in women's lives.

Santa Cruz Declaration - Global Conference in Bolivia calls for respect for Human Rights of Migrants National Human Rights Institutions (NHRIs) and non-governmental organizations from around the world have called for a human rights approach to migration and respect for the human rights of all migrants regardless of their migration status. The call came during the Eighth International Conference of NHRIs, held in Santa Cruz , Bolivia , from 23 to 26 October 2006 to raise global awareness about the human rights violations suffered by millions of migrants and their families. Delegates at the Santa Cruz gathering focused in particular on the fact that migrants, especially irregular immigrants, in many countries are not considered as having any rights of protection in accordance with international human rights standards. Women, children and indigenous peoples are particularly vulnerable in this regard. Participants also recalled that very few countries have ratified the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and that so far, no country among the developed nations has ratified the Convention. The Conference underlined that improvements in the situation of migrants will require active involvement and commitments by both countries of origin and receiving countries. In a Declaration adopted to guide future action in the area of migrants' rights, participants agreed that NHRIs have a central role in advocating the promotion and protection of human rights in their respective countries. They committed themselves to prioritizing the work on the rights of migrants and a set of principles to guide this work.

United Kingdom

Human Rights and Equality of Opportunity The Northern Ireland Human Rights Commission has welcomed the publication of the latest report from the Bamford Review of Mental Health and Learning Disability , Northern Ireland . The report “Human Rights and Equality of Opportunity” makes 25 recommendations on how respect for human rights can be mainstreamed in the future development of mental health and learning disability services in Northern Ireland . The report identifies and discusses issues against domestic and international standards of Human Rights and Equality, and in so doing seeks to remove barriers to the exercise of these rights: to help remove stigma and prejudice; to ensure that accessible information is provided, and shared, enabling access to services; to acknowledge the importance of the recommendations for carers and users of services, and to give protections where necessary.

'Still in Our Care' -Protecting children's rights in custody in Northern Ireland A new investigation report on children and young people's rights in custody has been published by the Northern Ireland Human Rights Commission. The report “Still in our Care” reviews the outcomes of a previous investigation carried out by the Commission in 2002 and is based on interviews with staff and children at the Juvenile Justice Centre for Northern Ireland . The research evaluates the extent to which the Commission's previous recommendations have been implemented. The report finds that custody for children is not used as a last resort as required by human rights standards.

 

NEWS STORIES

CHILD RIGHTS

Uganda: Stop violence against children Every October 24, the world joins together to commemorate United Nations Day. The UN Charter was drawn up by representatives of countries at the UN Conference on International Organisation, which met at San Francisco from April 25 - June26, 1945. The Charter was signed on June 26, 1945. The UN officially came into existence on October 24, 1945. United Nations Day is used as one of the fora to highlight, raise public awareness and mobilise requisite action towards daunting problems in the world and in the communities. In Uganda, the UN agencies selected the theme, "Stop Violence against the Children of Uganda" for this year's celebrations. This critical issues that afflict children and prevent them from enjoying their fundamental rights; the right to good health, security, education, shelter, clothing, etc. Other than media reports, studies done in Uganda have also indicated gross violence against children. It is clear from the Secretary General's report and from situation in Uganda that violence against children is widespread, under-acknowledged and extremely damaging to children.

Commissioner to investigate impact of UK's legislation on young England's children's commissioner Sir Al Aynsley-Green is developing a method of screening parliamentary bills to analyse their impact on children and young people. The National Children's Bureau and the Children's Legal Centre have been developing a method of assessing the impact of legislation on young people, using the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Children Act's five outcomes as a guide. Staff in the commissioner's office plan to adopt the methodology over the next 18 months and develop a way of enabling young people to play a role. The office of the Scottish Commissioner for Children and Young People (SCCYP) has already produced a comprehensive model for assessing the impact on children of laws, policies and practice. Access Children's Rights Impact Assessment: The SCCYP Model

UN adviser visits Sri Lanka to ensure children are better protected from conflict A United Nations Special Adviser on children and armed conflict has begun a 9-day field visit to Sri Lanka aimed at ensuring better protection from the ravages of the civil war in the strife-torn country. Ambassador Allan Rock, the special adviser for Radhika Coomaraswamy, UN Special Representative for Children and Armed Conflict, is visiting Sri Lanka at the invitation of the Government. He will also have discussions with UN partners, civil society and other relevant actors before returning on 14 November when a report on the visit will be presented to the Security Council Working Group on Children and Armed Conflict.

CRIMINAL JUSTICE

Call That Justice - BBC investigates children's rights in justice systems around the world Every day, tens of thousands of children around the world wake up behind bars. Many of them will have committed no offence. Almost every country in the world has committed itself to respecting the human rights of children. But in reality, says the BBC, the signatures on the UN Convention on the Rights of the Child, are not worth the paper they are written on. There is overwhelming evidence that countries in both the developed and developing world are guilty of child abuse on a massive scale. These are not isolated incidents, but rather an every day occurrence. For many of those children, being sent to jail spells the beginning of months and sometimes years of suffering. Often denied legal representation or contact with parents, they are forced to share cells with hardened adult criminals. In many places, violence, sexual abuse and even torture of juveniles is commonplace. This three-part series uncovers a global scandal about the neglect and abuse of children's rights within the justice system, around the world.

ECONOMIC, SOCIAL & CULTURAL RIGHTS

Economic,Social and Cultural Rights in New Zealand by Anthony Ravlich Since 1948 economic, social and cultural rights have been marginalized at the domestic level until recently with the introduction of the Human Rights Commission's New Zealand Plan of Action for Human Rights in February 2005. New Zealand is only one of 14 countries to have prepared an action plan. National action plans were initiated by the Vienna Declaration and Program of Action (Recommendation 71) in 1993. Economic, social and cultural rights are now rising on the global agenda. New Zealand ratified both covenants under international law in 1978 but only bought civil and political rights into domestic law in the form of the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990.

MIGRATION

United Nations probes abuse of migrant workers worldwide Responding to a large number of complaints from migrant workers worldwide, the United Nations is investigating a rash of human rights violations, including abusive working conditions, non-payment of wages, arbitrary detentions and collective illegal deportations. "The complaints received were transmitted to the governments concerned as urgent appeals or letters of allegation," says Jorge Bustamante, the U.N. special rapporteur on human rights of immigrants. These include a mix of countries that either send migrants overseas or receive migrants, mostly from developing nations. The catalogue of allegations also include ill-treatment at border controls; deaths as a result of excessive use of force by police and security forces; summary expulsions; gender violence; forced labour bordering on slavery; withholding passports; restrictions on the freedom of movement; and denial of the right of association and assembly.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

Strengthening Human Rights in Ghana Denial of basic socio-economic rights, such as the right to work, health and education, is a grave danger to democracy, and the legitimacy of government hinges on its genuine determination to ensure that the basic necessities of life are available and accessible to all within its borders. Ghana is often held up as an example of an African country where democracy and human rights are respected and upheld. The country's constitution guarantees basic human rights and Ghana has also signed up to a number of international human rights instruments such as the African Charter on Human and People's Rights, to guarantee the respect of certain socio-economic and cultural rights. However, a lot remains to be done to entrench this philosophy, according to presenters at the second annual human rights public lectures, marked in Accra . The lectures, instituted by the Commission on Human Rights and Administrative Justice (CHRAJ) in collaboration with the Commonwealth Human Rights Initiative (CHRI) and the Ghana Bar Association (GBA), focused on realizing and advancing social, economic and cultural rights in Ghana to look at the prospects and challenges to cultivating a human-rights culture in the country.

Ghana commended for good Human Rights record The Resident Representative of the United Nations Development Programme (UNDP), Mr Daouda Toure, has commended Ghana for its good human rights record. “ Ghana has comparatively done well in the area of human rights. However, there is room for improvement,” he said. Presenting Information Technology (IT) equipment worth $20,500 to the Commission on Human Rights and Administrative Justice (CHRAJ) in Accra , Mr Toure said the optimum mark for human rights should be excellent. He urged the media to also ensure that observing human rights in the country was a continuous process. He said the equipment, which included 11 desktop computers, 11 printers and 11 uninterrupted power supply systems (UPS), was donated to aid CHRAJ to improve the quality of its services.

Scottish Commission for Human Rights Bill The Bill to create a Scottish Commission for Human Rights was passed by the Scottish Parliament on 2 November 2006. The Bill establishes a Scottish Commission for Human Rights (SCHR) which is to comprise a Chair and up to 4 other members, together with staff. The Commission will be independent, with the ability to choose which issues are investigated and reported upon. The Commission will be accountable to the Scottish Parliament and will submit annual reports summarising the actions and inquiries undertaken in the previous year. The Bill will become an Act when it receives Royal Assent, which is expected in mid-December 2006.  The subsequent timetable for establishing the Commission will be for the Scottish Parliament to decide. •  Scottish Commission for Human Rights Bill (as passed) •  Analysis - Protecting our Rights: A Human Rights Commission for Scotland?

UK Government's single equality body has ‘credibility gap' with groups it is meant to serve The UK Government's new Commission for Equality and Human Rights ( CEHR ) has a credibility gap amongst the groups it is meant to help, the chairman of the Disability Rights Commission Bert Massie said. Speaking at Northampton University , Mr Massie said that a failure to seriously bridge the gap during the CEHR'S formation could result in stakeholders continuing to view it with suspicion and damage its effectiveness. In the first speech on the prospects of CEHR since the appointment of Trevor Philips as its chairman, Mr Massie also challenged the UK Government to ensure that new commissioner appointments put ‘real representatives of the marginalised' instead of the usual suspects in the driving seat.

African Commission's procedures contribute to Human Rights African Commission on Human and Peoples' Rights (ACHPR) member, Advocate Pansy Tlakula says the complaint and communications procedure of the commission has contributed immensely to human rights protection in Africa . Ms Tlakula attributed this to a system of norm-clarification and standard-setting, also known as "quasi-judicial activism" developed the commission. The ACHPR was established to promote human and peoples' rights and ensure their protection in Africa . It was established in 1987 in terms of Article 30 of the African Charter on Human and Peoples' Rights adopted by the Assembly of Heads of State and Government of the OAU in June 1981, in Nairobi Kenya . The African Commission meets twice a year in ordinary sessions, each session lasting 15 days. In addition, the promotional mandate of the commission involves education and sensitisation of people's rights. It includes research and documentation, dissemination of information through workshops, seminars and symposiums, the formulation of principles to address legal problems of human rights and cooperation with African and international human rights institutions.

UN: new protocol needed to deal with poverty challenge to human rights Poverty and underdevelopment continue to exacerbate abuse, neglect and discrimination, in the process denying millions the enjoyment of their civil, cultural, economic, political and social rights, according to the UN High Commissioner for Human Rights (OHCHR), Louise Arbour. She told the General Assembly's Third Committee, which deals with social, humanitarian and cultural matters, that a sounder legal foundation is needed to ensure a broad range of human rights. The most promising initiative for this is an additional protocol to the International Covenant on Economic, Social and Cultural Rights, she said, also highlighting the work of the new Human Rights Council, which already has two tangible achievements in its adoption of the draft Convention on Enforced Disappearances and of the draft Declaration on the Rights of Indigenous People.

Dr. Justice A.S. Anand demits office as Chairperson of Indian National Human Rights Commission Dr. Justice A.S.Anand laid down the office of the Chairperson, Indian National Human Rights Commission on 31 October on attaining the age of 70 years. He joined the Commission on 17 February 2003 and was its fourth Chairperson. Justice Anand was formerly the Chief Justice of India from 10 October 1998 to 31 October 2001. As per the Protection of Human Rights Act, only a former Chief Justice of India is eligible to be the Chairperson of NHRC.

POLICE REFORM

Maldives police training in human rights The Commonwealth Secretariat has conducted human rights training for Maldives police instructors and legal officers through a programme in the capital Malé from 4 to 8 November 2006.  During the event participants received advice on how to ensure that international human rights standards are observed during core policing and prisons management duties. Maldives ' Minister for Home Affairs Ahmed Thasmeen Ali opened the workshop and said that the programme was part of the Government's roadmap for democratic reform. In fact, less than two months ago, Maldives ratified the International Covenant on Civil and Political Rights - a United Nations treaty based on the Universal Declaration of Human Rights. Rabab Fatima, Head of the Secretariat's Human Rights Unit, noted that Maldives was keen to incorporate the clauses of treaty into the organisational culture of its state agencies.  “Sharing practical methods for implementing human rights ideals will further boost the police's image in the local community. With the necessary training ideas and review systems in place, a good institutional mind-set and an organisational culture of good policing would be achieved,” she stated. Ms Fatima added that it is important for police forces to be trained in human rights to enable them to use this knowledge to properly balance the freedom of the individual with the maintenance of law and order.

WOMEN

India's landmark domestic abuse law comes into effect A landmark new law seeking to protect women from domestic violence has come into effect in India. Under the legislation, men who beat, threaten or even shout at their wives or live-in partners or could be jailed for up to a year and fined 20,000 rupees (£235). The law also bans harassment by way of dowry demands and gives sweeping powers to a magistrate to issue protection orders where needed. Every six hours, a young married woman is burned, beaten to death or driven to commit suicide, officials say. Overall, a crime against women is committed every three minutes in India, according to India 's National Crime Records Bureau. Domestic violence, under the new law, includes "actual abuse or the threat of abuse whether physical, sexual, emotional or economic," a statement from the federal ministry of women and child development said.

Sydney Peace Prize goes to Irene Khan Secretary General of Amnesty International Irene Zubaida Khan has been awarded the 2006 Sydney Peace Prize for “her courageous advocacy of human rights and her skills in identifying violence against women as a massive injustice and therefore a priority in campaigning for peace”. She said, “I am deeply honoured. Through this award, the Sydney Peace Foundation recognises that there can be no peace without justice and respect for human rights”. Born in Bangladesh, Ms Khan is the first woman, the first Asian and the first Muslim to guide the world's largest human rights organisation, bringing a new perspective to it. Deeply concerned about violence against women, she called for better protection of women's human rights and initiated a process of consultations with women activists to design a global campaign by Amnesty International against violence on women.

AHREOC ambassadors show their commitment to eliminating violence against women White Ribbon Day Ambassadors John von Doussa QC (President), Graeme Innes AM (Human Rights Commissioner) and Tom Calma (Aboriginal and Torres Strait Islander Social Justice Commissioner) have joined other prominent Australians in taking up the challenge to positively change the attitude of men about condoning and using violence against women. The President and Commissioners encourage all people to get involved in the White Ribbon Day campaign by wearing a white ribbon and showing their support for the International Day for the Elimination of Violence against Women on 25 November 2006. Visit White Ribbon campaign

 

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