Commonwealth Human Rights e-Newsletter: October 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:Interview by Comunidad Segura with Paulo Sergio Pinheiro, United Nations independent expert, on violence against children during the eve of launching the Global report on Violence Against Children at the United Nations General Assembly on 11 October 2006
Content:

	1. Forthcoming Events 2. Awards 3. Reports and Publications 4. News Stories 5. 2nd session of the Human Rights Council, 18 September - 6 October 2006

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.

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.

Questionnaire on the right to education of children with disabilities - Special Rapporteur on the right to education The next report of the Special Rapporteur on the Right to Education to the UN Human Rights Council will be focused on the right to education of children with disabilities. In order to gather required information on this theme, the special Rapporteur invites you to complete a questionnaire. The purpose of this questionnaire is to solicit information from States, local authorities, civil society and other stakeholders for the preparation of the general report on the right to education, which the Special Rapporteur on the right to education will be submitting to the forthcoming 2007 session of the Human Rights Council pursuant to its decision 2006/102 entitled “Extension by the Human Rights Council of all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights”. In order for the information received to be used for the next report of the Special Rapporteur, last date of submission of responses is 15 November 2006. It is encouraged that submissions be made in electronic format to Vernor Munoz, Special Raporteur on the Right to Education at vmunoz@dhr.go.cr / vernormu@yahoo.es

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

State of World Population 2006 - A Passage to Hope: Women and International Migration Today, half of all international migrants—95 million—are women and girls. Yet, despite substantial contributions to both their families at home and communities abroad, the needs of migrant women continue to be overlooked and ignored. The State of World Population 2006 report, A Passage to Hope: Women and International Migration, produced by UNFPA, examines the scope and breadth of female migration, the impact of the funds they send home to support families and communities, and their disproportionate vulnerability to trafficking, exploitation and abuse. The report reveals that although migrant women contribute billions of dollars in cash and services, policymakers continue to disregard both their contributions and their vulnerability—even though female migrants tend to send a much higher proportion of their lower earnings back home than their male counterparts.

UN Secretary General's Study on Violence against Women The United Nations Secretary-General has released a study that was presented at the UN General Assembly on 9 October 2006. The study is a response to a 2003 UN General Assembly request for the Secretary-General to conduct an in-depth study on all forms of violence against women (resolution 58/185). The study provides recommendations on the national, intergovernmental, and UN level, on the action steps governments should take to end the impunity in which violence against women is perpetrated.

The United Nations Secretary General's Study on Violence Against Children The United Nations Secretary General has appointed an Independent Expert, Paulo Sérgio Pinheiro , to lead a global study on Violence Against Children. The Study, rooted in children's human rights to protection from all forms of violence, aims to promote action to prevent and eliminate violence against children at international, regional, national and local levels. The Study is an UN-led collaboration, mandated by the General Assembly ( UN GA Resolution 57/190 ), to draw together existing research and relevant information about the forms, causes and impact of violence which affects children and young people (up to the age of 18 years). The Study is a joint initiative, directly supported by the Office of the High Commissioner on Human Rights (OHCHR), the United Nations Children's Fund (UNICEF), and the World Health Organization (WHO). The report was presented by his Independent Expert, Prof. Paulo Sérgio Pinheiro to the Third Committee of the General Assembly on 11 October 2006. This is the first time that an attempt has been made to document the reality of violence against children around the world, and to map out what is being done to stop it. Read more: - Summary report of the regional consultations - Statement by the Deputy High Commissioner for Human Rights on the Secretary-General's Study on Violence against Children --Study reveals global child abuse --UN Secretary-General's study reveals full range and scale of Violence against Children -UN Report encourages further efforts to counter violence against children says Australian Human Rights & Equal Opportunity Commission ( 'A last resort?' report by Australian Human Rights & Equal Opportunity Commission )

Commonwealth

Handbook on Ratification of International Human Rights Instruments by Commonwealth Secretariat As the cornerstone of the International Bill of Rights, the ICCPR and ICESCR are widely accepted by the international community and have stood the test of time. The Commonwealth Secretariat Human Rights Unit has recently published the Handbook on Ratification of Human Rights Instruments to simplify and explain the process and consequences of ratification for member countries which have yet to ratify one or both of the two Covenants, or any of the other significant human rights instruments discussed in the Handbook. The Human Rights Unit encourages Commonwealth member countries to embark on the process of ratifying the Covenants and stands ready to offer Commonwealth member countries with advice, assistance and support in reviewing their signing or ratification status; in the process of ratification and eventual implementation of the Covenants and the other significant human rights conventions; and in fulfilling reporting and other requirements which may arise from ratification. The Commonwealth Secretariat congratulates the Republic of Maldives for its accession to the International Covenant of Civil and Political Rights (ICCPR) and the International Covenant of Economic, Social and Cultural Rights (ICESCR) on 19 September 2006 on the 40th Anniversary of the adoption of both Covenants.

Africa

The Protocol on the Rights of Women in Africa: An Instrument for Advancing Reproductive and Sexual Rights – a briefing paper On November 25, 2005, the Protocol on the Rights of Women in Africa (the protocol) entered into force, after being ratified by 15 African governments. Two years earlier, in July of 2003, the African Union adopted this landmark treaty to supplement the regional human rights charter, the African Charter on Human and Peoples' Rights (the African Charter). The protocol provides broad protection for women's human rights, including their sexual and reproductive rights. The significance and potential of the protocol go well beyond Africa . The treaty affirms reproductive choice and autonomy as a key human right and contains a number of global firsts. This briefing paper, by Center for Reproductive Rights, offers suggestions for women's health and rights advocates within and beyond Africa . It provides detailed information that can help African women use the protocol to exercise their reproductive rights, and suggests ways that governments can implement the protocol's landmark provisions.

United Kingdom

Report on Rights, Safeguards, Equality Issues and Victims - Northern Ireland The Northern Ireland Assembly Committee on the Preparation for Government has issued its report on “Rights, Safeguards, Equality Issues and Victims”.  The Northern Ireland Human Rights Commission has been closely following the deliberations of this Committee and hopes to follow up this work with a meeting of political parties in the near future. The Committee made nine recommendations including support for the creation of a Bill of Rights for Northern Ireland, but did not reach agreement on the proposal that a Round Table Forum should be established to help build a consensus on the proposed Bill.

Trafficking for Forced Labour: UK country report This report is a result of research carried out by Anti-Slavery International in a six month period between 2005 and 2006 with the aim of finding out more about trafficking for forced labour in the United Kingdom (UK). According to the report people trafficked for forced labour in the UK , are not being identified by the authorities and there is no system of protection or support for the victims of this crime. Trafficking for forced labour has been a criminal offence in the UK since 2004, yet there has not been a single prosecution.

 

NEWS STORIES

CHILD RIGHTS

Indian Child labour law welcomed, but needs enforcing says Human Rights Watch The Indian government has taken a step forward by enacting a law to ban domestic work and some other forms of labour by children under age 14, Human Rights Watch said. The law came into effect on 10 October, but to be effective, the Indian authorities will need to improve upon their weak enforcement of existing child labour protections. The new law covers restaurant and hotel work as well as domestic labour. However, it provides no protection for children aged 14 to 18, who also face exploitation and abuse by their employers. Child domestic workers, those under age 18, are nearly invisible and are especially vulnerable. They work alone in individual households, hidden from public scrutiny, where their lives are controlled by their employers. Many have no opportunity to go to school, or are forced to drop out because of the demands of their job. They are subject to verbal and physical abuse, and are particularly vulnerable to sexual abuse.

CONFFLICT

Round Table Proceedings Report on the Role of National Institutions in conflict and post conflict situations A three-day International Round Table on the role of National Institutions in conflict and post conflict situations was held in Belfast , Northern Ireland from 20 to 22 June 2006 . The Round Table was a collaborative venture of the Northern Ireland Human Rights Commission (NIHRC) and the Office of the United Nations High Commissioner for Human Rights (OHCHR). The Round Table deliberated on sub-themes in nine substantive sessions: Specificities of NHRIs in situations of conflict; The protection responsibility of NHRIs in situations of conflict; The protection challenges of NHRIs in situations of conflict; Maintaining the independence and integrity of NHRIs in situations of conflict; The role of NHRIs in combating impunity; Building a lasting peace – NHRIs in creating a human rights culture; Transitional justice – NHRI role; Working with others – NHRIs and Parliaments and Civil Society; The role of non-state actors.

NATIONAL/INTERNATIONAL HUMAN RIGHTS

Nigerian NHRC seeks passage of Human Rights Bill Nigerian National Human Rights Commission (NHRC) recently called on the House of Representatives to fast-track the passage of a bill seeking to amend the NHRC enabling statute. The appeal was made, by the chairman of the NHRC, Justice Anthony Iguh, at a roundtable in Abuja , on the commission's Act Amendment Bill. Justice Iguh stated that the commission had been constrained from achieving its mandate due to lack of finance and inadequacies in its legal framework since its inception in 1995. "This had necessitated earlier consultations with various stakeholders on the necessary amendments to the enabling statute of the Commission to strengthen its efficiency, effectiveness and independence". The executive secretary of the Commission, Mrs Kehinde Ajoni, said the Commission should be empowered to summon people suspected of human rights abuses. There was also a proposal in the bill for immunity for members of staff of the commission as well as freedom to have access to information on human rights abuses, she added.

St. Andrews Agreement for Northern Ireland The Northern Ireland Human Rights Commission has welcomed the proposals relating to human rights contained in the St. Andrews Agreement as announced on 13 October 2006. These include; Government will bring forward in the next parliamentary session legislation to give the Northern Ireland Human Rights Commission additional powers. These will include the power to compel evidence, access places of detention and rely on the Human Rights Act when bringing judicial proceedings in its own name. Government will publish it's response to the consultation carried out on these matters before 24 November; Government will also establish a Round Table forum on a Bill of Rights and convene its inaugural meeting in December 2006. The Commission has long argued for the establishment of such a forum to help build a political consensus on the proposed Bill with local political parties and civil society. See Annex B of the agreement for the human rights and equality proposals.

'Pacific Solution' still poses human rights risks Last month the Australian Human Rights and Equal Opportunity Commission (AHREOC) highlighted the human rights risks posed by the Migration Amendment (Designated Unauthorised Arrivals) Bill 2005. The withdrawal of the Bill after months of public and parliamentary debate was a testament to the will of concerned people in the Australian community and the strength of a number of individual politicians. "The recent transfer of seven Burmese asylum seekers demonstrates that the so-called 'Pacific Solution' is not dead, nor are the human rights risks attached to that policy," said Human Rights Commissioner Graeme Innes AM. "We still have a situation where people who arrive on excised Australian territory can be taken to Nauru and left there indefinitely. We still have a situation where certain asylum-seekers will be denied access to free legal assistance and judicial review of their asylum claims. And we still have a situation where there is no independent scrutiny of the conditions of the detention in Nauru ," Mr Innes said. Read AHREOC's opening statement and written submission to the Senate Committee regarding the original version of the Migration Amendment (Designated Unauthorised Arrivals) Bill

Commonwealth Secretary-General welcomes the appointment of Ban Ki-moon as the next UN Secretary-General The Commonwealth Secretary-General, Don McKinnon, has warmly welcomed the appointment of Ban Ki-moon as the next United Nations Secretary-General. "The Commonwealth and the UN have a long, proud and successful history of working together to protect and promote democracy and to eliminate poverty. I am confident that the successes achieved by the Commonwealth and the UN operating as a strategic partnership, each organisation playing to its strengths, will continue."

Sri Lankan Ruling undermines UN Complaints Mechanism by INTERIGHTS In a regrettable ruling handed down on 15 September 2006 the Sri Lankan Supreme Court has struck a blow against those human rights victims in Sri Lanka expecting to obtain redress through the UN Human Rights Committee (HRC) for breaches of the International Covenant on Civil and Political Rights (ICCPR). The Supreme Court held that the Sri Lankan state's accession to the Optional Protocol to the ICCPR – which allows individuals to complain directly to the HRC having exhausted domestic remedies – was unconstitutional. This is despite the fact that the complaints mechanism under the Optional Protocol to the ICCPR has been in force in Sri Lanka for nearly a decade, and that by ratifying the ICCPR the State has undertaken to ensure respect for those rights protected by it.

United Nation's new Secretary-General must lead on Human Rights says Human Rights Watch The incoming UN secretary-general must be prepared to speak out publicly against human rights abusers wherever they are found, however powerful they are, Human Rights Watch said. Outgoing Secretary-General, Kofi Annan, pressed governments to live up to the UN Charter's commitment to human rights for all. He recognised that while quiet diplomacy and technical assistance have their place, some situations are so urgent and some governments so unresponsive that public pressure must be brought to bear by the secretary-general. The incoming secretary-general must be similarly willing to take on those responsible for human rights abuses and to push the UN system to be stronger in the defense of human rights and civil society. To demonstrate the universal basis of human rights, he must be willing to speak out even when the offender is a powerful government, Human Rights Watch said.

RIGHTS OF THE INDIGENOUS PEOPLES

ICJ and Survival call on UN General Assembly to approve indigenous declaration   The International Commission of Jurists (ICJ) and Survival International called on the UN General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples. The Declaration sets out benchmarks that can be used to judge the way that governments treat tribal peoples. Although it is not legally binding, it is the result of many years of intensive intergovernmental negotiations, with the full participation of indigenous representatives, and stands as the authoritative policy of the international community on the rights of indigenous people. The Declaration recognises the rights of indigenous peoples to their land and to live as they wish.

WOMEN

Protection of the rights of women with disabilities The UN Convention on the Rights of Persons with Disabilities was adopted last month after almost four years of negotiations. How does it address the needs of women? According to Disabled Peoples International, for many, an international treaty securing the rights of the world's largest minority was long overdue. The convention, which may come into force in 2007, departs from the common conceptualization of disability as a medical or charity issue and treats disability issues as human rights issues. This is what disabled people's organizations (DPOs) have been advocating for years. Not everyone, however, was in agreement that an international convention is necessary to protect the rights of people with disabilities. Those against the formulation of a new convention were of the view that disability rights were adequately catered for under existing national and international legislation, and any additional rights guarantees if at all necessary could be added to existing international human rights conventions. In existing human rights treaties, people with disabilities are largely unseen. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) for instance, does not explicitly mention women with disabilities despite the fact that they are particularly vulnerable to discrimination and abuse.

 

Second session of the Human Rights Council 18 September to 6 October 2006
18 September 2006	Human Rights Council holds second session from 18 September to 6 October 2006
18 September 2006	Human Rights Council discusses racism and racial discrimination, Human Rights of people of African descent and migrants
19 September 2006	Human Rights Council discusses involuntary disappearances, minority issues and human rights of indigenous people
20 September 2006	Human Rights Council discusses violence against women and trafficking in persons
	Human Rights Council discusses reports on torture, arbitrary detention and independence of judges and lawyers
21 September 2006	Human Rights Council discusses Freedom of Religion or Belief, and Freedom of Opinion and Expression
22 September 2006	Human Rights Council discusses reports on health, right to food and human rights defenders
28 September 2006	High Commissioner for Human Rights presents reports to Human Rights Council
2 October 2006	Human Rights Council discusses modalities of its universal periodic review mechanism
3 October 2006	Human Rights Council reviews special procedures, expert advice and complaint procedure
6 October 2006	Human Rights Council adjourns second session until 27 November
Human Rights Council - New Approaches to Addressing Human Rights Situations by Human Rights Watch
UN Member States must cooperate with Human Rights Council says Human Rights Watch

 

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