SOUTH AFRICAN LAWYER BECOMES NEW UN RIGHTS EXPERT ON VIOLENCE AGAINST WOMEN

A South African lawyer who has also worked as an academic in the human rights field and a campaigner against domestic violence has taken over as the new United Nations independent expert to tackle violence against women.

Rashida Manjoo succeeds Yakin Ertürk as the UN Special Rapporteur on violence against women, its causes and consequences, and has been initially appointed by the UN Human Rights Council until June 2012.

"Violence against women violates human dignity, as well as numerous rights, including the right to equality, physical integrity, freedom and non-discrimination," said Ms. Manjoo, according to a press statement issued today in Geneva, where the Human Rights Council is based.

"I believe that equality and equal protection doctrines demand that we address violence against women, in all its manifestations, as discrimination against women. It is my hope to work within this framework during my mandate."

Ms. Manjoo has both taught and conducted research at several universities, including Webster University and Harvard Law School, both in the United States, as well as the University of Cape Town.

In her native South Africa, Ms. Manjoo was also a former parliamentary commissioner of the Commission on Gender Equality, conducted training programmes for judges and lawyers on law, race and gender issues, and set up a domestic violence assistance programme at the Durban Magistrates Court, the first such project in a court in her country.

Like other rapporteurs who report to the Human Rights Council, Ms. Manjoo will serve in an unpaid and independent capacity.
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Democracy, Human Rights, Refugees: Commemoration of World Humanitarian Day

Today, the United States is honored to join the international community in commemorating the first World Humanitarian Day. Established by the United Nations General Assembly in 2008 to increase public awareness about humanitarian activities around the world, World Humanitarian Day is also an occasion to honor aid workers who labor every day on behalf of some of the world’s most vulnerable people. This day marks the sixth anniversary of the Canal Hotel bombing in Baghdad in which 22 people were killed, including Sergio Vieiro de Mello, the Secretary General’s Special Representative in Iraq.

Sadly, situations of dire need exist in every region of the world. The success of our collective response to humanitarian crises rests on the selfless commitment and dedication of professional humanitarian aid workers. Increasingly however, aid workers themselves are targets of attack – in 2008 alone a record 260 humanitarian aid workers were killed, kidnapped or seriously injured in violent attacks. We call upon all governments and parties in conflict to give their highest attention to the safety and security of humanitarian personnel. We are inspired by these workers’ personal dedication to humanitarian principles, especially in the face of grave danger. We honor their service, and we congratulate their successes.

REPORTED TORTURE OF IRANIAN ELECTION PROTESTORS CONCERN UN RIGHTS EXPERTS

A group of independent United Nations human rights experts voiced serious concern today over accusations of torture and rough interrogation tactics in connection with trials of protesters of Iran's disputed presidential elections.

The victims include lawyers, journalists and other human rights defenders, as well as members of the opposition who took to the streets to demonstrate over the results of the 12 June polls, according to the UN experts.

"No judicial system can consider as valid a confession obtained as a result of harsh interrogations or under torture," stressed Manfred Nowak, the Special Rapporteur on Torture.

"These confessions for alleged crimes such as threats against national security and treason must not, under any circumstances, be admitted as evidence by the Revolutionary Court," added El Hadji Malick Sow, the Vice-Chairperson of the Working Group on arbitrary detention.

Foreign media have been banned from covering the judicial proceedings and it is unclear whether the defendants have adequate legal counsel, noted the experts, which also include the Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya.

The experts added that many detainees are kept without any communication with the outside world, without knowing the charges they face, medical treatment, legal assistance or family visits.

The group said they continue to receive reports of people dying in custody, and whose families are given false or contradictory information regarding the cause of death.
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INDEPENDENT UN EXPERT SOUNDS ALARM ON MASS FORCED EVICTIONS IN NIGERIA

An independent United Nations human rights expert today voiced her concerns at the mass evictions planned by the River State Government in Nigeria which could leave hundreds of thousands of people homeless over the coming year.

"Forced evictions can only be justified in the most exceptional cases and in full compliance with international human rights law," Raquel Rolnik, the Special Rapporteur on the right to adequate housing, said in a news release.

In February the River State Government announced it would demolish all the waterfront settlements in Port Harcourt as part of an urban renewal strategy. The authorities have allegedly carried out demolitions at various sites throughout Port Harcourt in violation of a stay order issued by the Federal High Court to stop the evictions.

Ms. Rolnik emphasized that evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights.

"Nigeria, as State Party to several international human rights treaties must take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative housing or resettlement is available," she said.

The Special Rapporteur reminded the Government that, according to international human rights standards, people affected by forced evictions have the right to compensation and to procedural protection, including genuine consultation, adequate and reasonable notice, and the provision of legal remedies.

Ms. Rolnik also voiced concern that military personnel may assist in the forced evictions in Port Harcourt, and that this could result in multiple human rights violations.

According to local sources, Port Harcourt's military forces arrested over 1,000 residents on 5 August who were protesting against the demolition of their homes.

Ms. Rolnik reports to the Geneva-based UN Human Rights Council in an independent and unpaid capacity, as do all Special Rapporteurs.
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Aegis calls on Govt to adopt Parliament's recommendations on 'impunity gap' for genocide suspects in UK

In a report released today, the Parliamentary Joint Select Committee on Human Rights says inconsistencies in the way the UK applies international law have created an “impunity gap” for perpetrators of genocide, war crimes and crimes against humanity. It commends the Government's recent decision to amend to legislation to partially address the problem, but calls for it to close remaining loopholes in the law and to re-establish a specialist war crimes unit to investigate people in the UK who are suspected of such offences.

Under the law as it stands, no-one in the UK can be prosecuted for war crimes in internal armed conflicts, genocide or crimes against humanity committed before 2001. Even if people here are suspected of committing such offences since 2001, they can only be prosecuted if legally resident here, not merely if they are present in the country (for eg., visiting on a student or business visa).

The Aegis Trust worked with MPs and Lord Carlile QC, Lord Falconer QC and Baroness D’Souza to prepare amendments to the Coroners and Criminal Justice Bill which would have closed these loopholes. Tabled in the House of Lords, they triggered the Government’s decision last month to extend jurisdiction of UK courts to prosecute international crimes as far back as 1991.

As the Committee points out, however, this only takes jurisdiction back to the date on which Crimes Against Humanity became recognised as crimes in international law. It argues for jurisdiction on genocide and war crimes in internal armed conflicts to be extended back to the dates on which they were recognised in international law (e.g. 1948 for genocide).

The Committee also supports Aegis’ call for replacement of the ‘residence’ test with a simple ‘presence’ test, so that anyone present on UK soil could be subject to jurisdiction on international crimes, not only those who are legally resident. This is the test used by other common law countries such as Canada, the US, New Zealand, South Africa.

“The Aegis Trust is delighted that the Joint Committee on Human Rights has adopted all of our recommendations for strengthening UK law in this area,” says Aegis’ Head of Campaigns Nick Donovan, whose evidence is quoted in the Committee’s report. “We too commend the Government for the bold progress made last month, and call on it to finish the job by closing remaining legal loopholes which benefit suspected war criminals in the UK.”

In June Aegis published a report that brought together, for the first time, details of people entering the UK who are suspected of international crimes. The report examines 18 cases, including those of suspected genocidaires from Rwanda, alleged torturers from Zimbabwe, Iraq, Liberia and the Congo, and alleged war criminals from Afghanistan, Sudan, Sierra Leone and Sri Lanka. They include such people as a Lieutenant Colonel from KHAD, the Soviet-era Afghan government’s secret police; an alleged Tamil Tiger assassination hit squad driver, and a member of Sierra Leone’s ‘Mosquito’ rebel group, notorious for murder, rape, looting, burning, sexual slavery and forced amputations.

The Joint Committee’s report comes at a time when the workload of the UK Border Agency’s war crimes team is increasing. Several weeks ago, the Government revealed that in the first six months of 2009, recommendations of immigration status refusal following investigation were up four-fold on the preceding four years. Since 2004, there have been 421 cases where immigration action was recommended and 30 cases where the matter was referred was made to the police. How many of these people are currently at large in the UK is unclear.

Gaza/Israel: Hamas Rocket Attacks on Civilians Unlawful

Launches from Populated Areas Endanger Israelis and Palestinians

(Jerusalem) - Hamas should repudiate unlawful rocket attacks against Israeli population centers and hold those responsible for them to account, Human Rights Watch said in a new report released today. Hamas and other Palestinian armed groups have over several years launched thousands of rockets at Israeli cities and towns, including hundreds during Israel's three-week military offensive in Gaza in December 2008 and January 2009. A UN fact-finding investigation into serious violations of the laws of war by both sides in the Gaza conflict, led by Judge Richard Goldstone, is due to report back to the UN Human Rights Council in September.

The 31-page report, "Rockets from Gaza: Harm to Civilians from Palestinian Armed Groups' Rocket Attacks," documents attacks by Hamas and other Palestinian armed groups since November 2008 that killed three Israeli civilians and seriously injured dozens of others, damaged property and forced residents to leave their homes. The rockets unlawfully struck populated areas up to 40 kilometers inside Israel, placing roughly 800,000 Israeli civilians at risk. Rockets that fell short of their intended targets in Israel killed two girls and wounded others in Gaza during this period. Palestinian armed groups that launched rockets from densely populated areas also unlawfully put Gaza civilians at risk of Israeli counterstrikes.

"Hamas rocket attacks targeting Israeli civilians are unlawful and unjustifiable, and amount to war crimes," said Iain Levine, program director at Human Rights Watch. "As the governing authority in Gaza, Hamas should publicly renounce rocket attacks on Israeli civilian centers and punish those responsible, including members of its own armed wing."

"Rockets from Gaza" focuses on events after November 4, 2008, when Palestinian armed groups resumed rocket fire after an Israeli military incursion into Gaza. Based on interviews with witnesses to rocket attacks and launches, field investigations of strike sites in Israel and Gaza, and media and other reports, the report details the cases of Israeli and Palestinian civilians killed or wounded by rocket attacks in December 2008 and January 2009. While Human Rights Watch found no clear practice by Palestinian armed groups to deliberately use civilians to shield rocket launches from counterattack, it found they frequently violated the separate duty under the laws of war to take all feasible precautions to avoid endangering civilians when they launched rockets from densely populated areas.

"Hamas forces violated the laws of war both by firing rockets deliberately or indiscriminately at Israeli cities and by launching them from populated areas and endangering Gazan civilians," said Levine.

Hamas has significantly limited rocket attacks in recent months, but has not renounced attacks that deliberately or indiscriminately target civilians - serious violations of the laws of war - or brought to justice those responsible for initiating such attacks, or for endangering Palestinian civilians by launching rockets from densely populated areas in Gaza. Hamas's armed wing claimed responsibility for the three Israeli civilian deaths documented in the report. During the Israeli offensive in December and January, the armed wings of Hamas and Islamic Jihad claimed to have fired 820 rockets at Israel.

The locally made Qassam rockets and Soviet-designed Grad rockets used by Hamas and other armed groups cannot be aimed with any reliability. Under the laws of war, such weapons are indiscriminate when used against targets in densely populated areas. The absence of Israeli military forces in the areas struck by the rockets, as well as statements from the leaders of the Palestinian armed groups, indicate that the armed groups deliberately intended to strike Israeli civilians and civilian structures. For example, Abu Obeida, a spokesman for Hamas's Qassam Brigades, said in a video released on January 5, 2009 that "continuing the incursion will only make us increase our rocket range [...]. We will double the number of Israelis under fire."

Under the laws of war, individuals who willfully authorize or carry out deliberate or indiscriminate attacks against civilians are committing war crimes.

An Israeli early warning siren system, which gives civilians roughly 10 to 45 seconds to find cover in prepared shelters, depending on their distance from the launch site in Gaza, has undoubtedly limited the number of civilian casualties in Israel. However, the repeated attacks have, over months and even years, taken a psychological toll on the population in areas close to Gaza. The laws of war prohibit attacks the primary purpose of which is to spread terror among the civilian population. Because of the rocket attacks, thousands of people have moved away from frequently targeted areas such as Sderot municipality.

Palestinian armed groups have argued that the rocket attacks are appropriate reprisals for Israeli military operations and the ongoing economic blockade of Gaza, and are a lawful response to Israel's control over Gaza. Human Rights Watch has also documented numerous laws of war violations by Israeli forces in Gaza, but violations by one party to a conflict never justify violations by the other. Attacks targeting civilians are never permitted under the laws of war, which require armed forces to target only military objectives, and to take all feasible precautions to spare civilians from harm, regardless of the reasons for resorting to armed conflict.

Similarly, although Israeli military operations caused far greater total harm to civilian lives - killing several hundred civilians with air strikes, artillery, tank shelling, and other attacks - and property than operations by Palestinian armed groups, violations of the laws of war are not determined by the number of civilian casualties, but by whether each side is refraining from conducting deliberate or indiscriminate attacks against civilians and is taking all feasible precautions to minimize civilian loss.

"Human Rights Watch is committed to documenting the worst violations of the laws of war committed by all sides in armed conflicts throughout the world," Levine said. "We published this report because civilians must never be the object of attack, regardless of the relative strength of the attacker."

Using unsophisticated weapons does not justify failure to respect the laws of war, just as an adversary's use of sophisticated weapons does not provide a pass to its opponents to ignore those laws, Human Rights Watch said. Such disparities exist in many wars, and if they provided a justification for ignoring the laws of war the civilian toll in armed conflicts would rise dramatically. The loss of civilian life from armed conflict can be minimized only if each party recognizes its legal obligations to abide by the laws of war, regardless of the weaponry at its disposal.

"Rockets from Gaza" is the fifth in a series of reports Human Rights Watch has issued on the Israeli offensive launched on December 27, 2008. Two reports are forthcoming.

US MUST ENSURE THAT PRIVATE CONTRACTORS DO NOT INFRINGE RIGHTS – UN EXPERTS

A group of United Nations independent experts on mercenaries today voiced concern over the limited scrutiny of private security contractors by the United States Government, calling on greater transparency to prevent impunity for human rights violations.

"The responsibility of the State to protect human rights does not stop with contracting or subcontracting," the UN Working Group on the use of mercenaries, who wrapped up a two-week visit to the US, said in a statement.

The Group underscored that the State has the primary responsibility of ensuring that contractors respect human rights and are prosecuted in the event of violations.

In spite of mechanisms created by US authorities to better monitor private military and security companies (PMSCs), "there is very little information accessible to the public on the scope and type of contracts," they noted.

The intention by the US to increase the number of contractors to match the troop surge in Afghanistan is also a source of concern since it "may further dilute the distinction between military and civilian personnel, an obligation under international law," said Shaista Shameem, the Group's Chairperson-Rapporteur.

There is also a trend towards "an extensive privatization of the war," she said, but added that the US Government has assured the UN experts that it does not relinquish its State authority of the legitimate use of force.

The Group is also concerned over the US Administration's recent objection to a prohibition in next year's defence funding bill of the use of contractors in interrogating people detained during or after hostilities.

"In light of the alleged involvement of PMSGs in the ill-treatment of detainees in US custody, the Working Group calls on the US Government to reconsider its initial position," today's press release said.

The experts also appealed for greater public access to information on the scope, type and value of contracts which "are not subject to scrutiny from the US Congress and Government, due to classified information," stressing that the Department of Justice must take action to ensure that contractors' violations of rights are punished.

To date, 17 cases involving contractors are under investigation and at least seven convictions have resulted.

Further, the Group underscored the need for a global oversight and monitoring body, with the US playing a major role in setting up a potential international pact to regulate the use of private contractors for security functions.

Created in 2006 by the Commission on Human Rights, the Group comprises five experts, serving in their personal capacities. Aside from Ms. Shameem, they are Alexander Nikitin, Amada Benavides de Pérez, José Luis Gómez del Prado and Najat Al-Hajjaji.

NEW REGIONAL BODY WILL HELP PROTECT HUMAN RIGHTS IN SOUTH-EAST ASIA – UN OFFICIAL

The United Nations human rights chief today welcomed the latest move to set up a regional body to protect the rights of people living in South-East Asia, highlighting the need to appoint "independent and impartial" experts to serve on it when it is launched in October.

The foreign ministers of the Association of Southeast Asian Nations (ASEAN) have endorsed the terms of reference for the ASEAN Intergovernmental Commission on Human Rights, which will be the first regional body of its kind in the Asia-Pacific region.

UN High Commissioner for Human Rights Navi Pillay called the endorsement "an important step forward" in the establishment of the new mechanism, noting that similar bodies are already functioning in other regions, including Africa, the Americas and Europe.

She strongly encouraged ASEAN States to appoint Commission members who are "independent and impartial, and have proven expertise in human rights."

In addition, the national selection processes should include wide consultation and participation by various actors in society, said Ms. Pillay, noting the regional leaders' stated commitment to create a "people-oriented ASEAN."

At the same time, the High Commissioner voiced her disappointment at the Commission's "lack of a clear protection mandate," but said she hoped its role would expand after its launch in October at the 15th ASEAN Summit, to be held in Phuket, Thailand.

She also stressed that close cooperation and partnership with independent and effective national human rights institutions, which are already established in some ASEAN nations, will help to reinforce the new Commission's role.

According to the High Commissioner's office, regional arrangements – such as the one being created by ASEAN – can play an important role in protecting and promoting international human rights standards, including by helping to address shortcomings in national frameworks.
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REPORTS FROM SOMALIA SUGGEST POSSIBLE WAR CRIMES, SAYS UN HUMAN RIGHTS CHIEF

It is clear that grave violations of international human rights and humanitarian law – possibly amounting to war crimes – are being committed in strife-torn Somalia, a top United Nations official said today.

Despite the signing of a peace accord last year and the formation of a new government this past February, ongoing violence has caused enormous suffering and massive displacement in the Horn of Africa nation.

More than 200,000 people have been forced to flee the capital, Mogadishu, since the latest round of fighting began in early May between the Government and the Al-Shabab and Hisb-ul-Islam groups.

"In this new wave of attacks, it is clear that civilians – especially women and children – are bearing the brunt of the violence," UN High Commissioner for Human Rights Navi Pillay said, noting that attacks against civilians have been one of the main features of the conflicts that have engulfed the country since 1991.

"There needs to be a much greater effort to protect civilians. Displaced people and human rights defenders, aid workers and journalists are among those most exposed, and in some cases are being directly targeted," she added.

UN investigators who spoke with refugees and internally displaced persons (IDPs) that fled the recent surge in fighting were told that the Al-Shabab groups have carried out extrajudicial executions, planted mines, bombs and other explosive devices in civilian areas, and used civilians as human shields, according to a news release from the High Commissioner's office (OHCHR).

In addition, fighters from both sides are reported to have used torture, and fired mortars indiscriminately into areas populated or frequented by civilians. There has also been increasing evidence of child recruitment by various forces.

"Some of these acts might amount to war crimes," Ms. Pillay said.

She added that the work of human rights defenders and journalists in Mogadishu has become "extremely precarious," with six journalists having been killed in Mogadishu – four of them apparently victims of target assassinations – since the beginning of the year.

"It is vital that the fighting and violence stop as soon as possible," the High Commissioner said, adding that once order has been restored, those responsible for human rights violations and abuses should be brought to justice.

"The gathering of evidence, by all who are in a position to do so, has to continue so that those committing these terrible crimes in Somalia will one day receive their due punishment before a court of law, and their victims will finally see justice being done," she stated.
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UN RIGHTS EXPERT CONCERNED AT RESTRICTION OF LAWYERS’ FREEDOM IN CAMBODIA

A United Nations independent human rights expert today voiced concern at attempts to curtail lawyers' freedom to effectively represent their clients in Cambodia, with criminal charges being leveled recently against attorneys in the South-East Asian nation.

"To be able to represent their clients effectively, lawyers should not be subject to threats or intimidation, nor should they be targeted for prosecution or disciplinary action merely for having acted in the interests of their clients," said Leandro Despouy, the Special Rapporteur on the independence of judges and lawyers.

"Lawyers play an important role as defenders of human rights and must be free to represent their clients as they see fit in accordance with professional standards and the rule of law."

Last week, he said, a lawyer, working for an opposition member of the National Assembly who alleged that she has been defamed by the country's Prime Minister, was himself charged with criminal defamation and could be expelled from the Cambodian Bar Association.

This January, he added, defense lawyers representing defendants at the Extraordinary Chambers in the Courts of Cambodia (ECCC) – the UN-backed tribunal trying Khmer Rouge leaders accused of mass killings and other crimes three decades ago – were threatened with legal action by Cambodian judges for having called for corruption allegations at the tribunal to be properly investigated.

Further, Mr. Despouy noted, in June 2007, attorneys representing indigenous communities in Ratanakiri Province, involved in a land dispute with a businesswoman with ties to the Government, were threatened with criminal charges and disciplinary action for having allegedly "incited" communities to file a suit to reclaim their land.

The expert cautioned that these recent moves against lawyers seem to indicate a worrying new trend which could have a chilling effect on the legal profession, expressing his support and encouragement for the Bar Council and its President "in their efforts to strengthen the legal profession in Cambodia and to defend lawyers against attempts to undermine their independence."

In a press release, Mr. Despouy, who reports to the Geneva-based Human Rights Council in an independent and unpaid capacity, underscored that Cambodia's obligations under international law, as laid out in the UN Basic Principles on the Role of Lawyers, say that "lawyers should not be identified with their clients or their clients' causes as a result of discharging their functions."
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UN EXPERT VOICES CONCERN OVER MURDERS COMMITTED BY COLOMBIAN SECURITY FORCES

An independent United Nations human rights expert today warned that although guerrilla groups in Colombia commit a significant number of murders, more concerning are the so-called 'false positive' slayings performed by Government forces.

The killings involve luring innocent victims under false pretences to a remote location, and the murdered bodies are often photographed wearing guerrilla uniforms and holding a gun or grenade to appear as if the individual was legitimately killed in combat.

"Victims are often buried anonymously in communal graves, and the killers are rewarded for the results they have achieved in the fight against the guerrillas," Philip Alston, the UN Special Rapporteur on extrajudicial executions, said in a statement issued at the end of a 10-day fact-finding mission.

Mr. Alston said that the term 'false positive' provides a "sort of technical aura to describe a practice which is better characterized as cold-blooded, premeditated murder of innocent civilians for profit."

In addition, he said that the focus on the most publicized 'false positive' case last year in Soacha, a suburb of Bogotá, encourages the view that the killings are limited to a geographic area and to a period in time. "But while the Soacha killings were undeniably blatant and obscene, my investigations show that they were but the tip of the iceberg."

Through interviews with witnesses and survivors who described very similar killings in several districts of Colombia, Mr. Alston determined that a significant number of military units were involved in killings.

"The 'dangerous guerrillas' who were killed include boys of 16 and 17, a young man with a mental age of nine, a devoted family man with two in-laws in active military service, and a young soldier home on leave," said Mr. Alston, disputing some claims that the killings were legitimate.

The military's systematic harassment of the survivors is part of a common pattern, said the Special Rapporteur. "A woman from Soacha described how, in 2008, one of her sons disappeared and was reported killed in combat two days later."

He said that when another of her sons became active in pursuing the case, he received a series of threats and was shot dead earlier this year. Since then, the mother has also received death threats.

Mr. Alston is encouraged by the steps take by the Government since last year aimed at stopping and addressing the killings, including disciplinary sanctions, better cooperation with the UN and other international organizations, more oversight of payments to informers, and requiring deaths in combat to be investigated first by judicial police and modifying award criteria.

There remains a worrying gap between the good faith effort on behalf of the Government and the reality on the ground, said Mr. Alston, with the number of successful prosecutions remaining very low and a serious lack of resources to implement the measures.

In addition, in some areas "military judges ignore the rulings of the Constitutional Court and do all in their power to thwart the transfer of clear human rights cases to the ordinary justice system." He said that the "transfer of information is delayed or obstructed, wherever possible jurisdictional clashes are set up, and delaying tactics are standard."

The delays, often of months or years, devalue the testimony and the evidence is jeopardized, but the "the good news is that there has been a significant reduction in recorded allegations of extrajudicial executions by the military over the last six to nine months."

Mr. Alston added that despite the significant steps taken to reduce paramilitary violence, killings by groups that include formerly demobilized paramilitaries "continue at a disturbingly high rate across the country."

He also highlighted the intimidation, killing and false accusations of being – or being close to – guerrillas or terrorists made against human rights defenders in the South American country.

The expert – who, like all UN Special Rapporteurs, reports to the Geneva-based UN Human Rights Council in an unpaid, independent capacity – is expected to recommend a number of reforms, including the removal of all forms of incentives to members of the military for killing, when he presents his report in four or five months time.
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BUSINESS AND HUMAN RIGHTS MATTER MORE THAN EVER, EXPERT TELLS UN COUNCIL

BUSINESS AND HUMAN RIGHTS MATTER MORE THAN EVER, EXPERT TELLS UN COUNCIL
New York, Jun 2 2009 3:00PM
There has never been a more critical time to address business and human rights, the United Nations <"http://www2.ohchr.org/english/bodies/hrcouncil/">Human Rights Council was told today as it began its 11th session in Geneva with a discussion on how to make companies rights-friendly.

"Human rights are most at risk in times of crisis, and economic crises pose a particular risk to economic and social rights," John Ruggie, Special Representative of the Secretary-General for Business and Human Rights, said as he presented his 2009 report to the Council.

"Business and human rights matters more than ever because progress on this front directly contributes to the transition we all seek toward more inclusive and sustainable economic growth.

"The solutions for the economic crisis and for business and human rights point in the same direction: governments adopting policies that induce more responsible corporate behaviour, and companies adopting strategies that reflect the inescapable fact that their own long-term prospects are tightly coupled with society's well-being," he stated.

The 47-member Council had previously backed the framework devised by Mr. Ruggie to better manage the human rights challenges posed by transnational corporations and other business enterprises.

Mr. Ruggie pointed out that the "protect, respect and remedy" framework rests on three complementary pillars: the State duty to protect against human rights abuses by third parties; the corporate responsibility to respect human rights, which in essence means to act with due diligence to avoid infringing on the rights of others; and greater access by victims to effective remedy, judicial and non-judicial.

The Council had also asked Mr. Ruggie to provide "practical recommendations" and "concrete guidance" to governments, businesses and other social actors on the framework's implementation.

The Special Representative emphasized the importance for companies to exercise "human rights due diligence," whereby they can prevent and mitigate adverse human rights impacts through having a human rights policy in place to assess their activities.

The Office of the High Commissioner for Human Rights (<"http://www.ohchr.org/EN/Pages/WelcomePage.aspx">OHCHR) contributes to the business and human rights agenda through its support to the Special Representative and partnership work with the UN Global Compact, a voluntary initiative to promote corporate citizenship which currently involves over 5,000 companies across 130 countries.

"The partnership between some of the world's largest corporations, OHCHR and the UN Global Compact sends a powerful signal that human rights is indeed a business issue and that business itself should be directly involved in finding solutions to the challenge of integrating human rights into its core activities and policies," said High Commissioner for Human Rights Navi Pillay.

At its current session, which will run through 18 June, the Council will consider, among others, the protection of human rights of civilians in armed conflict, and the draft guiding principles on extreme poverty and human rights.

The Council will also discuss the report of the High Commissioner on the resolution to dispatch an urgent, independent international fact-finding mission to investigate all violations of international humanitarian law against the Palestinian people throughout the occupied Palestinian territory, particularly in the occupied Gaza Strip.
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INQUIRY INTO ALLEGED ABUSES CRUCIAL FOR SRI LANKA’S RECOVERY – UN RIGHTS CHIEF

INQUIRY INTO ALLEGED ABUSES CRUCIAL FOR SRI LANKA'S RECOVERY – UN RIGHTS CHIEF
New York, May 26 2009 3:00PM
Investigating human rights abuses allegedly committed against civilians by both the Government of Sri Lanka and Tamil rebels will help the country transition into a new future, the United Nations human rights chief stated.

"There are strong reasons to believe that both sides have grossly disregarded the fundamental principle of the inviolability of civilians," Navi Pillay said in a video message to the <"http://www2.ohchr.org/english/bodies/hrcouncil/">Human Rights Council's special session on the human rights situation in Sri Lanka.

Today's meeting in Geneva takes place one week after the Government announced that its military operation against the separatist Liberation Tigers of Tamil Eelam (LTTE) had ended, and on the heels of a visit to the South Asian island nation by Secretary-General Ban Ki-moon and several of his top aides.

Ms. Pillay said an "independent and credible international investigation into recent events should be dispatched to ascertain the occurrence, nature and scale of violations of international human rights and international humanitarian law, as well as specific responsibilities."

The LTTE has been accused of purposefully preventing civilians from leaving the conflict zone, forcefully conscripting people, and using civilians as human shields. "There were even alleged cases of the LTTE firing on civilians as they sought to flee, or targeting with suicide attacks checkpoints as the [internally displaced persons] IDPs left the area," Ms. Pillay said.

For its part, the Government reportedly utilized heavy weapons on the small and densely-populated area of conflict in Sri Lanka's north, she noted, in spite of assurances that it would take precautions to protect civilians. Further, Government forces allegedly shelled a hospital several times in the last weeks of fighting, and accusations that the army may have killed LTTE members as they were trying to surrender would constitute violations of the laws of war.

"Establishing the facts is crucial to set the record straight regarding the conduct of all parties in the conflict," the High Commissioner for Human Rights stressed, with victims and survivors to the conflict entitled to justice and remedies.

In her message to the 47-member Council, she reiterated the call issued by Mr. Ban to tackle the root causes of the conflict.

"A new future for the country, the prospect of meaningful reconciliation and lasting peace, where respect for human rights and fundamental freedoms can become a reality for all, hinges upon such an in-depth and comprehensive approach," she said.

During his visit, Mr. Ban urged the Government to undertake certain confidence-building measures to "clearly and unmistakably" signal its good intentions in addressing root causes of Tamil and Muslim grievances, warning that if issues of reconciliation and social inclusion are not dealt with, history could repeat itself.

Mr. Ban also visited IDP camps, an experience he called "very sobering," and flew over the former conflict zone.

In the camps in Menik Farm, one of the largest IDP sites, the Secretary-General was "able to see from himself that while a lot as been done, there is still long way to go," Under-Secretary-General for Humanitarian Affairs John Holmes, who accompanied Mr. Ban on the trip, told a press briefing today in New York.

Regarding the flight he took over the former area of conflict, the Secretary-General could "imagine just by looking at it what kind of hell it must have been," Mr. Holmes noted.

In his "useful" discussions with President Mahinda Rajapaksa, Mr. Ban discussed humanitarian issues, including greater Sri Lankan-UN cooperation to improve conditions in the camps. Mr. Ban pressed upon the Sri Lankan leader the need for unimpeded access – for both people and for vehicles – to the camps.

Also accompanying Mr. Ban to Sri Lanka was B. Lynn Pascoe, Under-Secretary-General for Political Affairs, who told reporters that although the military part of the conflict is over, the Sri Lankan Government must lead the humanitarian, reconstruction and political aspects of the recovery process.

The international community must also play a role, he stressed, adding that "we don't want to see a recurrence of the difficulties and problems that have occurred in the past."
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INQUIRY INTO ALLEGED ABUSES CRUCIAL FOR SRI LANKA'S RECOVERY – UN RIGHTS CHIEF<br />New York, May 26 2009 3:00PM<br />Investigating human rights abuses allegedly committed against civilians by both the Government of Sri Lanka and Tamil rebels will help the country transition into a new future, the United Nations human rights chief stated.<p>"There are strong reasons to believe that both sides have grossly disregarded the fundamental principle of the inviolability of civilians," Navi Pillay said in a video message to the <"<a href="http://www2.ohchr.org/english/bodies/hrcouncil/">http://www2.ohchr.org/english/bodies/hrcouncil/</a>">Human Rights Council's special session on the human rights situation in Sri Lanka.<p>Today's meeting in Geneva takes place one week after the Government announced that its military operation against the separatist Liberation Tigers of Tamil Eelam (LTTE) had ended, and on the heels of a visit to the South Asian island nation by Secretary-General Ban Ki-moon and several of his top aides. <p>Ms. Pillay said an "independent and credible international investigation into recent events should be dispatched to ascertain the occurrence, nature and scale of violations of international human rights and international humanitarian law, as well as specific responsibilities."<p>The LTTE has been accused of purposefully preventing civilians from leaving the conflict zone, forcefully conscripting people, and using civilians as human shields. "There were even alleged cases of the LTTE firing on civilians as they sought to flee, or targeting with suicide attacks checkpoints as the [internally displaced persons] IDPs left the area," Ms. Pillay said.<p>For its part, the Government reportedly utilized heavy weapons on the small and densely-populated area of conflict in Sri Lanka's north, she noted, in spite of assurances that it would take precautions to protect civilians. Further, Government forces allegedly shelled a hospital several times in the last weeks of fighting, and accusations that the army may have killed LTTE members as they were trying to surrender would constitute violations of the laws of war.<p>"Establishing the facts is crucial to set the record straight regarding the conduct of all parties in the conflict," the High Commissioner for Human Rights stressed, with victims and survivors to the conflict entitled to justice and remedies.<p>In her message to the 47-member Council, she reiterated the call issued by Mr. Ban to tackle the root causes of the conflict.<p>"A new future for the country, the prospect of meaningful reconciliation and lasting peace, where respect for human rights and fundamental freedoms can become a reality for all, hinges upon such an in-depth and comprehensive approach," she said.<p>During his visit, Mr. Ban urged the Government to undertake certain confidence-building measures to "clearly and unmistakably" signal its good intentions in addressing root causes of Tamil and Muslim grievances, warning that if issues of reconciliation and social inclusion are not dealt with, history could repeat itself.<p>Mr. Ban also visited IDP camps, an experience he called "very sobering," and flew over the former conflict zone.<p>In the camps in Menik Farm, one of the largest IDP sites, the Secretary-General was "able to see from himself that while a lot as been done, there is still long way to go," Under-Secretary-General for Humanitarian Affairs John Holmes, who accompanied Mr. Ban on the trip, told a press briefing today in New York.<p>Regarding the flight he took over the former area of conflict, the Secretary-General could "imagine just by looking at it what kind of hell it must have been," Mr. Holmes noted.<p>In his "useful" discussions with President Mahinda Rajapaksa, Mr. Ban discussed humanitarian issues, including greater Sri Lankan-UN cooperation to improve conditions in the camps. Mr. Ban pressed upon the Sri Lankan leader the need for unimpeded access – for both people and for vehicles – to the camps.<p>Also accompanying Mr. Ban to Sri Lanka was B. Lynn Pascoe, Under-Secretary-General for Political Affairs, who told reporters that although the military part of the conflict is over, the Sri Lankan Government must lead the humanitarian, reconstruction and political aspects of the recovery process.<p>The international community must also play a role, he stressed, adding that "we don't want to see a recurrence of the difficulties and problems that have occurred in the past."<br />________________<p>For more details go to UN News Centre at <a href="http://www.un.org/news">http://www.un.org/news</a><p>To change your profile or unsubscribe go to:<br /><a href="http://www.un.org/news/dh/latest/subscribe.shtml">http://www.un.org/news/dh/latest/subscribe.shtml</a>

INDEPENDENT UN HUMAN RIGHTS EXPERT CALLS FOR RELEASE OF AUNG SAN SUU KYI

INDEPENDENT UN HUMAN RIGHTS EXPERT CALLS FOR RELEASE OF AUNG SAN SUU KYI
New York, May 14 2009 1:00PM
The independent United Nations human rights expert on Myanmar today called for the unconditional release of detained pro-democracy leader and Nobel laureate Aung San Suu Kyi, who was reportedly taken to a special court this morning and now faces new charges.

UN Special Rapporteur Tomás Ojea Quintana voiced serious concern regarding the unlawful detention of Ms. Suu Kyi, leader of the National League for Democracy (NLD), who has been under house arrest for the past six years.

The new charges, according to a news release issued in Geneva, are said to be in connection with the recent intrusion of an American citizen into the home of Ms. Suu Kyi.

"Since her house is well guarded by security forces, the responsibility for preventing such intrusions, and alerting the authorities, lies with the security forces and not with Aung San Suu Kyi and her aides," Mr. Ojea Quintana said.

According to information received by the Special Rapporteur, Ms. Suu Kyi and two aides were escorted this morning by security forces to Insein prison, where they were charged by a special court. They are currently detained in the Insein compound and their trial has been scheduled for 18 May.

"I call on the Government of Myanmar to release Aung San Suu Kyi and her aides unconditionally," Mr. Ojea Quintana said.

He added that in order to ensure national reconciliation and democratic transition, to which the Myanmar leadership has committed itself, all 2,156 prisoners of conscience currently detained by the authorities should be released before the 2010 elections.

Mr. Ojea Quintana, who reports to the Geneva-based UN Human Rights Council in an independent and unpaid capacity, has visited Myanmar twice since he was appointed to his post in May 2008, most recently this past February.
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Afghanistan: New US Policy Should Stress Human Rights

The Obama administration deserves credit for showing its commitment to Afghanistan with its public statements, appointment of a special representative, and policy reviews. We hope that this will produce a fundamental rethinking of US military, political, and humanitarian policies in Afghanistan.

Brad Adams, Asia director at Human Rights Watch.

Promoting the Rule of Law and the Protection of Civilians a Priority

The United States should make protecting human rights a priority in its revised policy toward Afghanistan, Human Rights Watch said today in a letter to President Barack Obama.

"The Obama administration deserves credit for showing its commitment to Afghanistan with its public statements, appointment of a special representative, and policy reviews," said Brad Adams, Asia director at Human Rights Watch. "We hope that this will produce a fundamental rethinking of US military, political, and humanitarian policies in Afghanistan."

The Human Rights Watch letter to Obama outlines a number of steps needed to improve the climate for human rights in Afghanistan. They include improving everyday security for civilians, combating warlordism, pursuing justice for past crimes, strengthening women's rights, protecting freedom of expression, sidelining rights abusers in upcoming elections, and reforming the judiciary.

Human Rights Watch urged the US to promote needed reform of Afghanistan's security agency, the National Directorate of Security (NDS), and to reconsider its support for tribal militia. Human Rights Watch also stressed the need for the United States to alter its military policies to minimize civilian casualties, review the practice of "night raids" on homes, and bring its detention policy at the Bagram prison into conformity with international law to protect detainees' rights.

Human Rights Watch said that the Bush administration expressed many bold aspirations, but that the fight against the Taliban and al-Qaeda was placed high above other key goals, including human rights, the rule of law, and good governance. To fight the Taliban and al-Qaeda, many warlords were placed in positions of authority, relied on for military support, and provided weapons and funds by the US. The US is still maintaining some of these relationships, and has shown little appetite for sidelining senior warlords when the opportunity has arisen.

"The growth of the insurgency in Afghanistan cannot be understood outside the prism of lawlessness, rights abuses, and corruption under which so many Afghans live," said Adams. "The United States has been complicit in the resurgence of warlordism in Afghanistan. It is time for the US to lead by example and break all links to past and present criminals, and press the Afghan government to do the same."

The plight of women under the Taliban was cited as a major reason for overthrowing the Taliban government in 2001. However, far too little real progress has been made in delivering women their basic rights.

"Though some improvements have been made, Afghan women and girls still face huge gaps in health and education and face routine violence and discrimination," said Adams. "The United States should reinvigorate discussions with the Afghan government and civil society and make the promotion of women's rights a key plank of its new policy."

Human Rights Watch also called for a shift of emphasis in US military strategy. While the US is deploying more troops to Afghanistan to fight the Taliban and al-Qaeda, greater attention is needed to provide basic security for Afghans in both conflict and non-conflict areas.

Human Rights Watch is concerned by US support for the latest experiment in using tribal militia, the Afghan Public Protection Force. The failures of previous national and international attempts to gain the support of Afghanistan's tribes are well documented. Most efforts have been exploited by local politicians and other actors, exacerbating tribal discord and increasing the black market in weapons. The current pilot project already appears to be repeating past mistakes.

"We do not underestimate the challenges faced in Afghanistan, but better policies can make a significant difference in the lives of Afghans," said Adams. "It is essential for the US, as the most important external power in Afghanistan, to get its new policy right."

UN RIGHTS CHIEF ‘ENCOURAGED’ BY POSITIVE REACTION TO NEW ANTI-RACISM TEXT

The top United Nations human rights official today said she is "greatly encouraged" by the positive reactions to the shorter version of the draft outcome document for next month's anti-racism conference, calling for efforts towards reaching a consensus to keep pace.

Navi Pillay, High Commissioner for Human Rights, said that all of the ambassadors she has met with so far from all regional groups have indicated that they see the revised text as a "very good basis for negotiations," and appealed to them to "maintain the current momentum and spirit of cooperation."

The Durban Review Conference, scheduled for 20-24 April in Geneva, will assess progress in implementing the measures adopted at 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in South Africa eight years ago.

Regarding the text, ambassadors told Ms. Pillay that "any fine-tuning or improvements should minimal" and that the "fundamental balances contained in the current text should not be reopened."

They also told the UN official that "this text meets the basic requirements of all concerned, while still being substantive and adding value to the fight against racism, xenophobia and similar forms of intolerance," she said.

When the shortened, but still substantive, version of the text was released last week following consultation with all regional groups and interested delegations, the High Commissioner voiced hope that it would be a "major turning point" in preparations for the Conference. She has acknowledged that the text has been the target of criticism by those who fear a repetition of the anti-Semitic outbursts witnessed in Durban.
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INDIA HAS DUTY TO USE GLOBAL INFLUENCE TO SPEAK OUT ON HUMAN RIGHTS – UN OFFICIAL

A top United Nations official has hailed India's vibrant democratic and legal institutions, while calling on the world's largest democracy to repeal "dated and colonial-era" laws and to speak out about human rights violations, particularly in its own region.

"I encourage India to speak out on its own, as well as in concert with others, whenever the human rights agenda that it cherishes and seeks to pursue domestically becomes of concern elsewhere," UN High Commissioner for Human Rights Navi Pillay said during her two-day visit to the South Asian nation.

In an address to the National Human Rights Commission in Delhi on Monday, she urged India "to continue to support freedom and rights wherever they are at stake, and particularly regarding the alarming situations in its own region, such as those in Sri Lanka and Myanmar."

It was the first visit for Ms. Pillay, a national of South Africa whose ancestors hailed from India, to the country as UN human rights chief. She noted that both countries, under the leadership of Nelson Mandela and Mahatma Gandhi, were able to "shed colonialism and the repressive rule of the few."

Highlighting the gains made by India since its independence, she said that the strength of India's democratic and legal institutions, as well as that of a highly engaged civil society and a free press, "rests on solid foundations."

She mentioned in particular the role played by the country's judiciary in enforcing human rights, providing relief for individuals and ensuring that the Government honours constitutionally guaranteed rights, as well as "groundbreaking" judgments by the Supreme Court.

"Yet despite all these gains, the challenges that India faces, as is the case in many other countries, are manifold," Ms. Pillay stated. For example, Although India enjoys an array of laws and institutions designed to combat all forms of discrimination, religious and caste-based prejudices remain entrenched. In many states long-standing grievances of minorities, lower castes, or the poor have turned into violence.

"Of particular concern is caste-based discrimination which is still deplorably widespread, despite efforts by the Government and the judiciary to eradicate this practice," she noted.

In addition, the High Commissioner said India should repeal those dated and colonial-era laws that breach contemporary international human rights standards. These range from laws which provide the security forces with excessive emergency powers, including the Armed Forces Special Powers Act, to laws that criminalize homosexuality.

"Such legal vestiges of a bygone era are at odds with the vibrant dynamics and forward thrust of large sectors of the Indian polity."

She also emphasized the need to properly investigate hundreds of cases of disappearances that have been reported in Kashmir "to bring a sense of closure to the families who for far too long have been awaiting news."

The High Commissioner's visit to India followed a five-day mission to neighbouring Nepal.
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SRI LANKA: ACTIONS BY GOVERNMENT FORCES, REBELS POSSIBLE WAR CRIMES – UN RIGHTS CHIEF

SRI LANKA: ACTIONS BY GOVERNMENT FORCES, REBELS POSSIBLE WAR CRIMES – UN RIGHTS CHIEF
New York, Mar 13 2009 10:00AM

The top United Nations human rights official today deplored the mounting deaths and injuries of civilians due to the "bitter" conflict in northern Sri Lanka between Government forces and a rebel group, pointing out that some moves by both sides could amount to war crimes.

High Commissioner for Human Rights Navi Pillay said that certain actions undertaken by the
Sri Lankan military and by the separatist Liberation Tigers of Tamil Eelam (LTTE) could constitute violations of international human rights and humanitarian law.

"We need to know more about what is going on, but we know enough to be sure that the situation is absolutely desperate," she said. "The world today is ever-sensitive about such acts that could amount to war crimes and crimes against humanity."

Although there is a Government-designated 'no-fire' zone for civilians in the Vanni region, repeated shelling has continued inside these areas, according to information made available to the Office of the High Commissioner for Human Rights (OHCHR).

Last week, the UN humanitarian wing said that that the conflict zone has shrank from 300 square kilometres to nearly 58 square kilometres in February, with many civilians – the UN puts their number at between 150,000 and 180,000 – taking refuge in a new 14-square kilometre 'no-fire zone.'

Other areas where civilians are sheltering have been hit, and OHCHR noted reports that over 2,800 people may have been killed and 7,000 others injured – many in the no-fire zones – since 20 January. Many children are believed to be among the casualties, with hundred having lost their lives and over 1,000 hurt.

"The current level of civilian casualties is truly shocking, and there are legitimate fears that the loss of life may reach catastrophic levels if the fighting continues this way," Ms. Pillay said, adding that "very little attention is being focused on this bitter conflict."

The LTTE is believed to be continuing to hold civilians as human shields and shooting those trying to leave their control. Further, they are reportedly forcibly recruiting civilians, including children, as soldiers.

"The brutal and inhuman treatment of civilians by the LTTE is utterly reprehensible, and should be examined to see if it constitutes war crimes," the High Commissioner said.

Limited amount of food and essential medial supplies to treat victims are leading to further deteriorating humanitarian conditions.

Ms. Pillay called on both the Government and the LTTE to immediately halt the fighting to allow all civilians to evacuate the conflict zone, urging Sri Lankan authorities to give UN and other independent agencies full access to accurately assess conditions.

Last week, Secretary-General Ban Ki-moon strongly deplored the mounting civilian death and stressed the urgent need for the end of clashes.

In a statement issued by his spokesperson, Mr. Ban repeated his call to the Sri Lankan Government and the LTTE to "suspend hostilities for the purposes of allowing civilians to leave the conflict zone, and allowing immediate humanitarian access to them."

He appealed to the LTTE to take its weapons and fighters out of areas where there are many civilians, cooperate in humanitarian efforts and instantly end recruiting children, some as young as 13 years of age, as soldiers. In addition, he urged the Government to begin "serious" efforts to resolve the underlying causes of the conflict.
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Thailand: Resolve ‘Disappearance’ Case

(New York) - The new government of Thailand should ensure that those responsible for the enforced disappearance and presumed murder of prominent Muslim human rights lawyer, Somchai Neelappaijit, are finally brought to justice, Human Rights Watch said today, five years after his abduction.

On March 12, 2004, Somchai was assaulted and pulled from his car in Bangkok, allegedly by five police officers. He was never seen again. Somchai was chairman of Thailand's Muslim Lawyers Association and vice-chairman of the Human Rights Committee of the Lawyers Council of Thailand. At the time, he was investigating and reporting on widespread police torture of Muslims in the insurgency-ridden southern border provinces.

In a much-publicized attempt to demonstrate his commitment to human rights and the rule of law, Prime Minister Abhisit Vejjajiva on January 21, 2009, ordered the Royal Thai Police and the Justice Ministry to accelerate their investigation into the case.

"Somchai's 'disappearance' reflects glaring problems of state-sponsored abuses in Thailand," said Brad Adams, Asia director at Human Rights Watch. "While Prime Minister Abhisit's order is a good sign, actions speak louder than words. Now is the time to show concrete progress in the investigation and to bring the perpetrators to justice."

Four Thai prime ministers in the past five years - Thaksin Shinawatra, Gen. Surayud Chulanont, Samak Sundaravej, and Somchai Wongsawat - have acknowledged that police and government officials were involved in Somchai's abduction and killing. But none of them brought the perpetrators to justice. Key questions remain unanswered, including who ordered the abduction and presumed killing of Somchai and who was involved in obstructing justice.

Five police officers - Police Maj. Ngern Tongsuk, Police Lt. Col. Sinchai Nimbunkampong, Police Lance Cpl. Chaiweng Paduang, Police Sgt. Rundorn Sithiket, and Police Lt. Col. Chadchai Leiamsa-ngoun - were arrested in April 2004 in connection with Somchai's case and charged with coercion and robbery. None were charged with the more serious crimes of abduction or other offenses connected to the enforced disappearance.

On January 12, 2006, the Central Criminal Court found Police Maj. Ngern guilty of physically assaulting Somchai, and sentenced him to three years in prison. The other four police officers were acquitted.

Police Maj. Ngern, who had been free on bail while appealing his case, was reported "missing" in a mudslide on September 19, 2008 while supervising his construction business on the Thai-Burmese border.

The assistant national chief, Police Lt. Gen. Aswin Kwanmuang, who was hand-picked by Prime Minister Abhisit to supervise the investigation, was quoted in media reports on January 27 as saying: "Police involvement in this case has obstructed the investigation. With strong backing from the new government, the sky is now clearing up and progress can be made. First, we must find Somchai's body. After that, arrest warrants on additional suspects will be issued. No one will be spared, including senior police officers."

"The prominence of Somchai's case has made it difficult for Thai authorities to look the other way," said Adams. "Solving this case will give hope to many, including in the south, that powerful people can be held accountable."

While efforts to investigate and prosecute the case have been extremely weak, Somchai's case is the only enforced disappearance that has led to any prosecution or has received significant attention from Thai authorities. In a March 2007 report, "It Was Like Suddenly My Son No Longer Existed," Human Rights Watch documented a pattern of enforced disappearances and other abuses by the security forces. Successive governments have done nothing to hold abusive officers accountable for serious crimes.

Human Rights Watch called upon the Thai government to nullify the 2005 Emergency Decree on Government Administration in Emergency Situations (Emergency Decree) and repeal the 1914 Martial Law Act in order to protect the basic rights of all Thais and bring Thai law into conformity with international standards.

Human Rights Watch said that the Thai government has enforced laws and regulations in a way that increased the vulnerability of suspects in the southern border provinces, leaving them vulnerable to torture, "disappearance," and extrajudicial killing during pre-charge detention.

The Martial Law Act allows seven days of pre-charge detention. After that, suspects can be detained for another 30 days under the Emergency Decree, which was issued by the government of Thaksin Shinawatra. (See Human Rights Watch analysis of the Emergency Decree in a letter to Thaksin, dated August 4, 2005: http://hrw.org/english/docs/2005/08/04/thaila11592.htm ). Suspects are also prohibited from having access to family and lawyer visits during the first 72 hours of their detention.

Resentment against human rights abuses by Thai authorities is among the factors fueling an increasingly brutal insurgency in southern Thailand in which separatist militants have carried out a string of deadly attacks on civilia

A policy statement Prime Minister Abhisit delivered to Parliament on December 30 stressed that justice will be integral to resolution of the conflict in the southern border provinces, which has claimed more than 3,500 lives since January 2004.

Human Rights Watch urged Prime Minister Abhisit to take all necessary steps to stop the practice of enforced disappearances, including making enforced disappearance a specific criminal offense and ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. In addition, Thai authorities should ensure that all persons detained by law enforcement and security forces are held at recognized places of detention, and are not subjected to torture or cruel, inhuman, or degrading treatment. Authorities should immediately make the whereabouts of detainees known to family and lawyers.

"Prime Minister Abhisit needs to show political courage to end once and for all the enforced disappearances by the security forces," said Adams. "This is the only way to ensure that justice in Thailand is not also put on the list of the 'disappeared'."

DISCRIMINATION AGAINST WOMEN WEAKENS ALL OF SOCIETY – UN RIGHTS CHIEF

DISCRIMINATION AGAINST WOMEN WEAKENS ALL OF SOCIETY – UN RIGHTS CHIEF
New York, Mar 6 2009 6:00PM

Deeply rooted discrimination against women in the political, economic, social and cultural spheres weakens society as a whole, the United Nations human rights chief said on the occasion of International Women's Day.

Navi Pillay, the UN High Commissioner for Human Rights, noted that the negative effects of discrimination are magnified by conflict, as well as natural or man-made disasters, such as the current economic crisis.

The meltdown in global markets and financial institutions and ensuing recession is likely to have a disproportionate impact on millions women, who already formed the majority of the poor and disenfranchised before the crisis developed.

"Unless gender-sensitive policies are adopted, I fear we may well witness a serious setback in areas where progress has taken decades to achieve," she said in message for the Day, observed annually on 8 March.

Also, in an opinion piece published today in USA Today Ms. Pillay said that growing up in apartheid South Africa as a person of colour and raised in poverty, she had experienced gender, race and class discrimination.

But, "I have seen the power of ordinary people who have stood up against injustices they faced and triumphed," stressed the High Commissioner. "This Sunday, on International Women's Day, I will celebrate the power of women to overcome the vulnerabilities resulting from these multiple forms of discrimination."

In the workplace women still do not receive equal pay for equal work, do not enjoy the legal protection afforded to men, and domestic workers – especially migrants – often fall outside the scope of labour laws.

Discrimination also demonstrates itself in violence against women, which the UN regards as pandemic, warned Ms. Pillay. "I have seen firsthand the effect of this violence on women, children and families, wrecked by these crimes that are too often hidden and protected with impunity."

Yakin Ertürk, the UN Special Rapporteur on Violence Against Women, its Causes and Consequences, also marked the Day with a statement underscoring the importance for men and women to join forces in this time of economic turmoil.

"The scale and impact of the current crisis is still largely unknown, but it is expected that women and girls in both developed and developing countries will be particularly affected by job cuts, loss of livelihoods, increased responsibilities in all spheres of their life, and an increased risk of societal and domestic violence," said Ms. Ertürk.

She highlighted the World Bank's prediction of 53 million more people being driven into poverty in developing countries this year, bringing the total number of those living on less than $2 a day to over 1.5 billion.

"Studies have shown that violence against women intensifies when men experience displacement and dispossession related to economic crises, migration, war, foreign occupation or other situations where masculinities compete and power relations are altered in society," added Ms. Ertürk.

Ms. Pillay noted, however, that there is a new generation of powerful women growing up around the world with a strong sense of their identity and strength.

"They say 'no' to harmful practices such as early marriage, female genital mutilation and sexual harassment. They want to go to school and get an education. They want to be lawyers, doctors, judges and members of parliament. They want to change the world. I celebrate these girls on International Women's Day. They are our future."
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