States ratifying the Optional Protocol are required to establish an independent national body – known as a ‘national preventive mechanism’ or NPM – that can conduct regular, unannounced inspections of all places of detention.
In addition, States are obliged to allow an international body of experts – the UN Subcommittee for the Prevention of Torture – to conduct inspections of any places of detention in the country.
In April 2011, the National Human Rights Commission of Mongolia, Amnesty International Mongolia, the Association for the Prevention of Torture (APT) and the APF organised a one-day national meeting of stakeholders to discuss the preferred model for a Mongolian NPM
One option discussed at that meeting was appointing the National Human Rights Commission as the central coordinating mechanism of a multi-stakeholder NPM, possibly involving civil society.
This year, between 23 and 25 April 2012, a series of activities was organised by the same four organisations to continue the momentum towards ratification of the Optional Protocol and the designation of an NPM.
The Armenian representative on the UN Subcommittee for the Prevention of Torture, Mr Arman Danielyan, and Mr Ulugbek Azimov, a national expert on NPMs from OHCHR’s Central Asia regional office, led the substantive discussions during three events, which included:
As part of its Universal Periodic Review by the UN Human Rights Council in early November 2010, the Mongolian Government said it was seriously considering ratifying the Optional Protocol and later committed to doing so.
During the national seminar this year, the representative from Mongolia’s Ministry of Justice restated the Government’s intention to ratify the Optional Protocol and confirmed that it intends to designate the National Human Rights Commission as the NPM. Discussions will continue regarding the possible role of civil society in the NPM.
The National Human Rights Commission of Mongolia also confirmed that it will seek amendments to its founding legislation to enable it to effectively undertake the responsibilities of an NPM.
The 2011 national meeting was the APF’s first involvement in OPCAT-related activities in Mongolia. However, a number of national actors and the APT have been campaigning for OPCAT ratification in Mongolia for many years.
The APT and the APF will continue to offer support to key stakeholders in Mongolia to progress ratification of the Optional Protocol; to refine their vision for an effective NPM and establish it in law; and to provide training and technical assistance to the NPM when it is designated.
Date: 30 April 2012
]]>Randa Siniora, Executive Director of the Palestinian Independent Commission for Human Rights (ICHR) said the number of complaints of human rights violations received during the year had decreased by a third, according to a news report by WAFA.
Launching the ICHR’s 17th annual report, Siniora said more still needed to be done to improve the human rights situation in Palestine.
The ongoing division between the two main Palestinian factions, Fatah and Hamas, played a major role in the ongoing violation of Palestinian rights in the West Bank and Gaza, ICHR Commissioner Ahmad Harb told the news conference.
The ICHR’s annual report also examined Israeli violations of Palestinian human rights.
“Aside from the ongoing Israeli violations of human rights in the Palestinian Territory, 2011 witnessed an escalation in settlers’ attacks and infringements on human rights in the West Bank,” Harb said.
It was reported that the ICHR is considering the possibility of legally prosecuting Israel for its crimes and violations.
Download the executive summary and read the statement on the ICHR website.
Date: 17 April 2012
]]>In discussions with the Chairperson and members of Myanmar’s National Human Rights Commission, the APF undertook to:
Mr Fitzpatrick also indicated that the Myanmar National Human Rights Commission would be invited to attend, in an observer capacity, future meetings of the APF and to send participants to APF training courses, pending the Commission’s membership of the APF and international accreditation.
The Commission was established by presidential decree in September 2011, as part of reforms taking place in the country. Previously, there had been a governmental human rights committee under the Minister for Home Affairs.
The new Commission aspires to meet the standards of the Paris Principles. A draft law is currently being prepared that will provide it with a statutory basis.
The APF visited Myanmar from 8 to 11 April 2012 to meet the Chairperson and Commission members and discuss possible areas of support to develop and strengthen the work of the organisation.
Mr Fitzpatrick and Mr Sidoti also met with the National League for Democracy, whose Deputy Chairman, U Tin Oo, greeted them warmly and expressed support for Myanmar having a national human rights institution in compliance with the Paris Principles.
The Commission has 15 members. Its Chairperson, U Win Mra, was formerly the Permanent Representative of Myanmar to the United Nations, as was the deputy Chairperson. Other members are former senior government officials and academics.
The Commission currently has 22 staff. The Commission plans to increase staff numbers to 167 over the next three years.
Date: 23 April 2012
]]>The national human rights institutions of Jordan (the incoming Chair of the International Coordinating Committee of National Human Rights Institutions), Australia, Korea, Mexico, Morocco and Qatar attended the two week gathering in New York, held from 27 February – 9 March 2012.
The secretariat of the Asia Pacific Forum also attended, represented by its Deputy Director, Pip Dargan.
“As in previous year’s, our attendance helped raise awareness among the government delegations that make up the CSW of the role played by national human rights institutions to advance gender equality,” Ms Dargan said.
She said that meetings were held with a range of stakeholders to discuss the independent participation of national human rights institutions in CSW meetings, including UN Women, the Australian and Qatari Permanent Missions to the UN and the Mexican Ambassador to the UN, Luis Alfonso De’Alba.
Ambassador De’Alba provided a number of constructive suggestions to build support for the participation of national human rights institutions in CSW and other similar UN bodies. He also offered to host a lunch of Ambassadors as ‘friends of NHRIs’ in either July or September 2012.
Unlike the UN Human Rights Council, national human rights institutions may only participate in discussions of the CSW if they are invited by to attend as part of their government’s delegation.
In some cases, NHRIs may have to seek accreditation through an NGO to attend the session.
“As the principal global policy-making body on gender equality, it is vital that NHRIs contribute their independent expertise on the human rights issues facing women and girls in their countries to these international discussions,” Ms Dargan said.
This year’s CSW meeting focused on the empowerment of rural women and their role in poverty and hunger eradication, development and current challenges.
In previous years, the agreed conclusions adopted at the completion of the CSW meeting have acknowledged the important role of national human rights institutions to promote and protect the rights of women and girls.
Unfortunately, the government delegations to CSW were unable to finalise a set of agreed conclusions on the priority theme following this year’s meeting.
While this was disappointing, Ms Dargan said there were a number of positive outcomes from participating in this year’s CSW meeting and engaging with a broad range of stakeholders.
"For example, UN Women have expressed an interest in the idea of working in partnership with NHRIs at a country level in a more systemic manner. This type of partnership could be nurtured to enhance the capacities of NHRIs to more effectively promote and protect the human rights of women and girl-children."
Date: 9 April 2012
]]>News 24.com reports that the parliament approved the establishment of the High Commission for Human Rights on 9 April 2011.
“The main role of this commission is to monitor all violations of human rights in all fields and in all governmental and non-governmental institutions,” Iraqi lawmaker Ashwaq al-Jaff told the media.
The High Commission for Human Rights will be made up of 11 members, including two women, and three substitutes, who will take office for four-year terms.
The commission reportedly includes six Shiites, four Sunnis and a Yazidi. Ethnically, it has eight Arabs, two Kurds and a Turkmen. Its members are drawn from nine Iraqi provinces and work in the field of human rights.
“Any citizen will have the right to file a complaint directly to the commission,” said al-Jaff, adding that the commission will take “independent decisions” and “will issue annual reports to the parliament and to the international organizations”.
It was reported that all the members of the newly approved commission have signed a commitment to not belong to political parties while working on the commission, which will replace the Human Rights Ministry after 2014 elections.
According to Article 102 of the Iraqi constitution, the High Commission for Human Rights and several other commissions "are considered independent commissions subject to monitoring by (parliament)."
In a statement, the United Nations described the approval of the commission "as a landmark achievement".
Date: 11 April 2012
]]>The treaty, signed by the Australian Government in May 2009, aims to prevent torture and ill-treatment of people deprived of their liberty by opening places of detention to inspection by independent national and international monitoring teams.
Ratification of OPCAT would establish a coordinated system to regularly monitor facilities such as immigration detention centres, prisons, suburban police cells along with psychiatric wards and closed disability facilities.
In its submission, the Commission said it held “serious ongoing concerns” about the treatment of some groups of people who are deprived of their liberty in Australia, including people in immigration detention.
“The Commission is also concerned that current mechanisms for scrutiny of conditions of detention in Australia are inadequate to properly safeguard people deprived of their liberty from mistreatment.”
The submission also noted that ratification and implementation of OPCAT “will make an important contribution to ensuring better oversight of conditions of detention in Australia”.
The Commission welcomed the Government’s tabling of the National Interest Analysis, which recommends the ratification of OPCAT.
The federal Attorney-General, Nicola Roxon, has expressed support for ratifying the treaty and discussed the issue with state and territory law and justice ministers this month, according to a report in The Age newspaper this month.
For more information, the Commission’s submission to the Joint Standing Committee on Treaties is available on its website.
Date: 18 April 2012
]]>Suhakam said that the Bill did not provide for judicial oversight in the extension of the detention period for up to 28 days and expressed concerns over the power it gave police to deny detainees immediate access to legal representation.
It added that the power to intercept communications under Clause 4(6) should be exercised through a court order rather than by the police, as it could “infringe personal liberty and the right to privacy”.
“The provisions in the Bill as well as the amendments to the other relevant laws must strike a balance between national security and fundamental liberties and human rights,” Suhakam Chairman Tan Sri Hasmy Agam said in a statement.
“The Commission looks forward to further and continuing engagements with the government agencies… to ensure that obsolete and irrelevant laws are abolished and replaced by laws that are consistent with universally accepted human rights principles,” he added.
Hasmy noted that certain provisions in the Bill were consistent with Suhakam’s recommendations from its 2003 report, including that suspects either be released or charged with specified security offences after having been detained for up to 28 days.
He also said that Suhakam will continue to monitor the implementation of the new law to ensure that it complies with international human rights principles and norms.
The ISA replacement law, tabled in the Dewan Rakyat on 10 April, removes the government’s option to detain individuals without trial and provides a maximum detention of 28 days for investigation purposes.
Under the ISA, an individual believed to have committed a security offence can be detained for up to two years without trial, on orders from the Home Minister.
Date: 16 April 2012
Source: The Malaysian Insider
]]>NHRC member Satyabrata Pal said the study was commissioned last year and a draft report had been prepared. Once the report is finalised, a national consultation meeting will be held with trade and industries to seek feedback and give a final shape to the code, he said.
The Times of India reported that Pal led a six-member NHRC team that recently concluded a five-day visit of Odisha.
The members visited Jagatsinghpur district where South Korean steel company Posco has plans for a major steel project.
"People in Jagatsinghpur district alleged that middlemen had acquired their land in name of community purposes. But later it was found that the land was used for commercial use. The land value middlemen paid to owners was much lower than the compensation being paid to land losers now," Pal said.
He said the NHRC team had taken up the matter with the state government.
On allegations regarding "forcible" land acquisition for Posco, Pal said the government has stopped acquiring private land for Posco and will focus mainly on government land under the revised plan.
In addition to Jagatsinghpur, the NHRC team also visited Puri and Cuttack districts.
Date: 12 April 2012
]]>The three-part program, delivered over five days, introduces human rights defenders to:
The course also discusses the role and functions of human rights defenders, human rights protection mechanisms, human rights dialogue and advocacy and a human rights-based approach to development.
In addition, participants develop skills in report-writing to assist them document human rights violations.
A recent training course conducted by the Commission brought together 26 human rights defenders from 11 districts across Nepal, representing a broad range of NGOs and civil society organisations.
The Commission will also shortly host a national conference that aims to bring together human right defenders and strengthen their professional networks.
Detailed information about the Course of Instruction for Human Rights Defenders is available at: http://www.nhrcnepal.org/papers.php.
Date: 12 April 2012
]]>Dr Sebastiao Dias Ximenes, who heads the Office of the Provedor for Human Rights and Justice, presented the three-minute statement as part of the NHRI’s follow-up activities to the February 2011 visit to Timor Leste by the UN Working Group on Enforced or Involuntary Disappearances.
Following the review of the work and functioning of the Human Rights Council, which was concluded last year, ‘A status’ NHRIs are now able to present statements by video, helping overcoming barriers to participation caused by a lack resources, time constraints and distance from Geneva.
“The use of IT at the Human Rights Council will greatly assist national stakeholders in effectively engaging with the Council,” Dr Ximenes noted at the start of his statement.
He went on to acknowledge that Timor Leste “still has a long way to go to fulfil the right to truth, justice and reparation to those who disappeared and their families”, which some groups have numbered in the tens of thousands.
Endorsing several of the recommendations made by the Working Group, Dr Ximenes called for “immediate and effective steps [to be] taken to bring justice to victims, including by investigating all unresolved cases of enforced disappearances and making alleged perpetrators accountable.”
He also said that Timor Leste should ratify the International Convention for the Protection of All Persons from Enforced Disappearance, amend national criminal law to remove the possibility of granting amnesty for serious crimes of international law and that victims should be included more closely in the process of seeking justice and reparation.
“The Provedoria and civil society will further strengthen their efforts so that the recommendations of the Working Group will be implemented, timely and effectively,” he told the Council.
The video statement can be viewed at: http://www.unmultimedia.org/tv/webcast/2012/03/nhri-timor-leste-item-3-cont-id-17th-meeting.html.
Sexual orientation and gender identity
In addition, a coalition of 12 NHRIs – including Australia, New Zealand, Mongolia and Thailand from the Asia Pacific region – made a joint statement to the Council welcoming the “the commitment of the Human Rights Council, the Office of the High Commissioner for Human Rights, Special Procedures, Treaty Bodies, non-governmental organisations and human rights defenders worldwide to addressing the issue of violence and discrimination based on sexual orientation and gender identity.”
While “working in a diversity of societies and cultures”, the NHRIs expressed their “unanimity in condemning human rights violations whenever and wherever they occur and on whatever basis that they occur.”
The statement drew attention to the November 2011 report of the UN High Commissioner for Human Rights and welcomed “the acknowledgement in the report of the important role of that NHRIs can play in addressing violence and discrimination on the basis of sexual orientation and gender identity”.
The NHRIs went on to state that “where possible and appropriate, we will work towards increasing our understanding and capacity in this area to enable us to speak out against discrimination and violations, and welcome the sharing – including through international and regional networks – of experiences and best practice in addressing legal, social, cultural and religious barriers for realising the rights of LGBTI individuals.
“Where appropriate and possible, we commit ourselves to work with relevant authorities and the community to monitor and inform on incidents of discrimination and violence linked to sexual orientation and gender identity, and to commit to continuing to engage with the Human Rights Council and Member States to ensure that these human rights violations are adequately addressed.”
Date: 16 March 2012
]]>The four training resources will focus on:
In addition, it is anticipated that a training manual on human rights education will be published in 2013, which will be prepared in partnership with the New Zealand Human Rights Commission.
The APF is also initiating development of new training resources on investigations techniques and foundation knowledge for NHRI staff, with work set to commence on these publications later in 2012.
These themes were among the priorities identified by APF members in a training needs assessment conducted on behalf of the APF and the Raoul Wallenberg Institute in 2010.
The publications are being developed with input from APF member institutions to make sure that information is relevant and up-to-date, said Suraina Pasha, the APF’s Regional Training Manager.
“Our members have an enormous amount of grassroots experience and these manuals provide a valuable way of collecting and exchanging effective strategies,” she said.
“For example, focal point staff members from a number of NHRIs in the Asia Pacific region are providing input and feedback to guide the development of the training manual on the rights of migrant workers.
“In addition, representatives of NHRIs, NGOs and the United Nations are featured in interviews filmed for the DVD resource on implementing the UN Declaration on the Rights of Indigenous Peoples.”
The training manuals will be used as key learning resources in training programs delivered by the APF.
“However, we hope that national human rights institutions will also find the publications useful when they plan and undertake projects or when they run internal training for their staff,” said Ms Pasha.
They will complement Preventing Torture: An Operational Guide for National Human Rights Institutions, which was published jointly by the APF, the Association for the Prevention of Torture and OHCHR in October 2010.
Date: 19 March 2012
]]>Dr Burayzat was nominated for the position by the APF and endorsed by representatives at the ICC’s 25th Meeting, held in Geneva from 19-22 March 2012.
He replaces Rosslyn Noonan, former Chief Commissioner of the New Zealand Human Rights Commissioner, who has led the ICC for the past two years.
Dr Burayzat will hold the position until March 2013, when the Asia Pacific region’s three-year term as ICC Chairperson will rotate to a representative from the Africa region.
Later this year, Jordan’s NHRI will also host the 11th ICC International Conference, which will focus on the rights of women and girls.
The ICC’s 25th Meeting was opened with presentations from Navi Pillay, UN High Commissioner for Human Rights; Laura Dupuy Lasserre, President of the UN Human Rights Council; and Shireen Said, UNDP’s human rights advisor.
The four-day gathering considered a broad range of thematic issues relevant to NHRIs in all parts of the world, including:
These panel discussions provided opportunities for NHRIs to share their experiences and listen to the perspectives of representatives from leading NGOs and UN agencies.
There was also a session on the role of NHRIs in following up recommendations made to States in the first cycle of the Universal Periodic Review and their participation in the second UPR cycle, which begins this year.
In addition, a side event was held to discuss issues in relation to the Paris Principle and the ICC’s accreditation system for NHRIs.
Date: 22 March 2012
]]>In a meeting in Sydney on 15 February 2012, Pacific Islands Forum Secretary-General Tuiloma Neroni Slade and APF Director Kieren Fitzpatrick welcomed the success of APF-PIFS collaboration, which has grown substantially since the appointment of PIFS’ inaugural Human Rights Advisor, Filipo Masaurua, in 2010.
The new agreement will build on a 2009 memorandum of understanding between the APF and PIFS, and the APF’s partnership agreement with OHCHR.
“This agreement will ensure the sustainability of our work in the region and will highlight the particular areas of expertise that each organisation brings to this partnership”, Mr Fitzpatrick said.
“It’s also a fantastic example of collaboration between the United Nations, an intergovernmental organisation and a regional coordinating committee of NHRIs in pursuing shared aims. We hope to see this model replicated in other regions.”
The APF, OHCHR and PIFS are currently working with the Governments of Nauru, Palau, Papua New Guinea, Samoa, Solomon Islands and Vanuatu to set up NHRIs in their countries.
OHCHR and PIFS also work in partnership with Pacific Governments and civil society to promote treaty ratification and to support their contributions to the work of the UN’s human rights mechanisms, including the human rights treaty bodies, the special procedures and the Universal Periodic Review mechanism.
Date: 9 March 2012
]]>The report draws attention to “previously undocumented facilities where torture is taking place and the abuse of detainees transferred by international forces.”
It says that researchers found “credible evidence” of torture at nine National Directorate of Security (NDS) facilities and several Afghan National Police facilities, including beatings, suspension from the ceiling, electric shocks, threatened or actual sexual abuse, and other forms of mental and physical abuse. Monitors also found evidence of torture at five additional NDS facilities.
In addition, research uncovered “widespread and deliberate violations of detainees’ fundamental due process rights”, including the right to counsel and the right to family notification, which contributed to increasing the risk of torture and other abuse.
The report also raised concerns about the transfer of detainees from international forces to the Afghan Government, despite ISAF (International Security Assistance Forces) establishing a major monitoring program to address issues raised in a United Nations report in October 2011.
In particular, researchers found “credible evidence that some U.S.-transferred detainees have been subjected to torture by Afghan officials, underscoring the need for such a monitoring program.”
The report is based on long-term, regular detainee monitoring conducted by the AIHRC, as well as interviews with more than 100 conflict-related detainees between February 2011 and January 2012, conducted with the assistance of the Open Society Foundations.
The 68-page report – Torture, Transfers and Denial of Due Process: The Treatment of Conflict-Related Detainees in Afghanistan – is available on the AIHRC website.
Date: 19 March 2012
]]>The NHRCK submitted its proposal for the first National Action Plan (NAP) in 2006 and, on the basis of that proposal, the Government developed and implemented a human rights action plan that ran from 2007-2011.
The “Second NAP” proposal look at the issues addressed through the “First NAP” and evaluates its implementation. It also examines the current human rights situation in Korea and identifies a range of priority issues where focused efforts are needed.
The “Second NAP” proposal focuses on two key initiatives:
It identifies 15 high priority issues to be addressed over the coming five year period, including people with disabilities, temporary workers, migrants, refugees, women, children/adolescents, the elderly, the sick, soldiers/combat police, conscripted policemen, people in care facilities, sexual minorities, overseas Koreans, victims of crime, and North Koreans.
The proposal also presents areas requiring policy amendment and recommends additional efforts in the field of human rights education and cooperation among national/international human rights organisations.
The NHRCK will actively monitor the development and implementation of the NAP by the Government after presenting its proposal.
Date: 29 February 2012
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