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Thursday, 23 October 2008 10:47 |
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The United States’ system of military
commissions planned for suspects currently detained at Guantánamo Bay
is not likely to reach international standards about the right to a
fair trial, an independent United Nations human rights expert warned
today.
Martin Scheinin, the Special Rapporteur on the promotion and protection
of human rights while countering terrorism, told the General Assembly’s
third committee (social, humanitarian and cultural) that a visit to
Guantánamo Bay in December last year confirmed his misgivings
concerning the operation of the military commissions.
“I find it highly unlikely that they would be able to provide a trial
that meets the standards of international human rights law concerning
the right to a fair trial,” Mr. Scheinin said.
He said one of his concerns was confirmed when the US Supreme Court,
the country’s highest court, found earlier this year that laws
establishing the military commissions were unconstitutional for their
denial of habeas corpus – or the legal opportunity to challenge
someone’s detention – to suspects held at Guantánamo Bay.
Speaking to journalists after presenting the report, Mr. Scheinin said
he expected that, regardless of whether Barack Obama or John McCain
wins next month’s election to be the next President of the US, the new
administration will take steps to close the detention facility at
Guantánamo Bay.
He said, in response to a reporter’s question, that he based that
observation on the public statements of Mr. Obama and Mr. McCain
strongly criticizing Guantánamo Bay.
Mr. Scheinin also visited Spain in May this year, and he told the
General Assembly’s third committee today that the Iberian country
deserved credit for its efforts to encourage a human rights dimension
to its response to terrorism.
“Nevertheless, I also identified matters of concern,” he said in his
statement, adding that one of them was the continued use of
incommunicado detention for terrorism suspects, despite recommendations
to the contrary by a number of human rights bodies.”
The institution of incommunicado detention should be completely
eradicated, in part because it would strengthen the credibility of
counter-terrorism measures by law enforcement bodies, Mr. Scheinin said.
It would also enhance assurances that those falsely accused of
ill-treatment of terrorism suspects could be cleared, the Special
Rapporteur noted.
He told journalists that he expects to visit Tunisia very soon, and
several requests for visits to other countries remain pending,
including those sent to Algeria, Egypt, Malaysia, Pakistan and the
Philippines. |
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Thursday, 23 October 2008 10:46 |
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Human rights bodies from 70 countries convene in Nairobi for UN forum
The United States’ system of military
commissions planned for suspects currently detained at Guantánamo Bay
is not likely to reach international standards about the right to a
fair trial, an independent United Nations human rights expert warned
today.
Martin Scheinin, the Special Rapporteur on the promotion and protection
of human rights while countering terrorism, told the General Assembly’s
third committee (social, humanitarian and cultural) that a visit to
Guantánamo Bay in December last year confirmed his misgivings
concerning the operation of the military commissions.
“I find it highly unlikely that they would be able to provide a trial
that meets the standards of international human rights law concerning
the right to a fair trial,” Mr. Scheinin said.
He said one of his concerns was confirmed when the US Supreme Court,
the country’s highest court, found earlier this year that laws
establishing the military commissions were unconstitutional for their
denial of habeas corpus – or the legal opportunity to challenge
someone’s detention – to suspects held at Guantánamo Bay.
Speaking to journalists after presenting the report, Mr. Scheinin said
he expected that, regardless of whether Barack Obama or John McCain
wins next month’s election to be the next President of the US, the new
administration will take steps to close the detention facility at
Guantánamo Bay.
He said, in response to a reporter’s question, that he based that
observation on the public statements of Mr. Obama and Mr. McCain
strongly criticizing Guantánamo Bay.
Mr. Scheinin also visited Spain in May this year, and he told the
General Assembly’s third committee today that the Iberian country
deserved credit for its efforts to encourage a human rights dimension
to its response to terrorism.
“Nevertheless, I also identified matters of concern,” he said in his
statement, adding that one of them was the continued use of
incommunicado detention for terrorism suspects, despite recommendations
to the contrary by a number of human rights bodies.”
The institution of incommunicado detention should be completely
eradicated, in part because it would strengthen the credibility of
counter-terrorism measures by law enforcement bodies, Mr. Scheinin said.
It would also enhance assurances that those falsely accused of
ill-treatment of terrorism suspects could be cleared, the Special
Rapporteur noted.
He told journalists that he expects to visit Tunisia very soon, and
several requests for visits to other countries remain pending,
including those sent to Algeria, Egypt, Malaysia, Pakistan and the
Philippines. |
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Enhanced dialogue in Myanmar’s ... |
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Thursday, 23 October 2008 10:44 |
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Enhanced dialogue among all parties vital for Myanmar’s political future – Ban
Secretary-General Ban Ki-moon has called on
Myanmar’s Government and opposition to increase dialogue as the Asian
country proceeds on the path toward national reconciliation and
democratization, once again stressing the need for a credible and
inclusive political process.
“The political challenges of any transition to democracy require
negotiated political solutions,” Secretary-General Ban Ki-moon writes
in his latest report to the General Assembly on the situation of human rights in Myanmar.
“As the country reaches a delicate juncture in its political
development, there is no real alternative to a peaceful process of
national reconciliation and now is the time for the Government and
opposition alike to find ways to talk to each other and work together
in the interest of the nation,” he says.
The report highlights development in Myanmar between 23 October 2007
and 5 September 2008, as well as the activities of the
Secretary-General’s Special Adviser, Ibrahim Gambari, who visited the
country three times during that period.
Mr. Gambari had stated that the tangible results of his most recent
visit in August “fell below our expectations,” but added that the UN
“will not give up on working for national reconciliation, democracy and
respect for human rights in Myanmar.”
The Secretary-General echoed Mr. Gambari’s views when he told reporters
last month that Myanmar has not experienced the anticipated political
progress and its Government should take real measures towards setting
up a more inclusive political process that promotes human rights.
He expresses similar sentiments in his report when he writes that it
remains “a source of frustration that meaningful steps have yet to be
taken by the Myanmar Government in response to the concerns and
expectations of the United Nations and the international community in
the context of the good offices process.”
Myanmar’s authorities are in the process of preparing for general
elections scheduled for 2010 – the next step in the seven-step road map
for democracy outlined by the Government.
Mr. Ban underlines that the future of Myanmar ultimately rests with the
Government and its people, and reiterates that the role of the UN is to
ascertain the positions of all parties and facilitate their efforts to
work together through dialogue towards a mutually acceptable process of
national reconciliation and democratization.
Noting that there is no alternative to dialogue to ensure that all
stakeholders can contribute to the future of their country, he stresses
that the release of detained opposition leader Daw Aung San Suu Kyi and
other political prisoners will be key for the resumption of an
enhanced, all-inclusive substantive and time-bound dialogue.
The release of all political prisoners, including Ms. Suu Kyi, as well
as the need for an enhanced, substantive and time-bound dialogue
between her and the Government, are among the key areas of concern for
Mr. Gambari as he carries out the good offices role entrusted to him by
the Assembly.
“The Secretary-General and his Special Adviser have therefore
consistently emphasized that only a credible and inclusive political
process — based on mutual understanding and compromise by all
stakeholders — can help to advance the prospects of durable peace,
national reconciliation, democracy and respect for human rights in
Myanmar.
“In this regard, it is unfortunate that specific suggestions of the
United Nations to improve the credibility and inclusiveness of the
political process have thus far not been taken up by the Government,”
states the report.
Mr. Ban adds that despite the Government’s efforts in implementing its
road map process and addressing the challenges facing the country, the
political situation in Myanmar has become “even more complex and
challenging and potentially more polarized, drawing increased attention
from the international community, including the Security Council.”
The UN also remains concerned about ongoing reports of armed conflict
and associated human rights abuses and humanitarian problems in ethnic
minority areas, particularly in Kayin and Kayah states.
“Substantive talks leading to the sustainable cessation of hostilities
between the Government and those armed ethnic groups still actively
fighting need to be concluded, with a spirit of compromise on both
sides,” he writes. |
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Thursday, 23 October 2008 10:42 |
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Iran: Ban concerned by treatment of women, juvenile executions
Secretary-General Ban Ki-moon expressed his
concern over the rights of women and minorities in Iran, as well as
over the death penalty, including juvenile executions and stoning, in a
new report to the General Assembly on the country’s human rights situation.
Mr. Ban noted that thought the Middle East nation has made strides in
boosting women’s education and health, along with progress in reviewing
discriminatory laws, it “is faced with a number of challenges in gender
equity and equality and empowerment of women.”
He pointed to the limited employment outside of the agricultural sector
for women and to “widespread” gender-based violence. Further,
stepped-up crackdowns against the women’s rights movement in Iran is
also cause for concern.
The country’s constitution explicitly states Islam to be the State religion, but includes provisions for religious minorities.
The Secretary-General said that there continue to be reports of members
of the Baha’i community facing arbitrary detention, false imprisonment,
confiscation and destruction of property, denial of employment and
Government benefits and denial of access to higher education.
“A significant increase has been reported in violence targeting Baha’is
and their homes, shops, farms and cemeteries throughout the country,”
he wrote, adding that there have been several cases of torture and
ill-treatment of the group in custody.
The report said there has been a sudden surge of executions in recent
months, and the UN Human Rights Committee has sounded the alarm over
the “extremely high number of death sentences, many resulting from
trials in which the guarantees of due process of law had not been
properly applied.”
Despite a circular issued by the head of the judiciary in January 2002
prohibiting stoning as punishment, the practice has been reported to
continue.
In another non-binding circular, the judiciary has placed a moratorium
on juvenile executions, but the sentences are still being applied, Mr.
Ban said.
Iran is a party to the International Covenant on Civil and Political
Rights (ICCPR) and to the Convention on the Rights of the Child, both
of which obligate States parties to not impose the death penalty on
those who commit crimes under the age of 18.
“The age for criminal responsibility under Iranian law is set at 14
years and 7 months for boys and 8 years and 9 months for girls, which
is not only discriminatory but also low by international standards,”
the report said.
The new publication urged Iran to continue revising national laws,
particularly the new Penal Code and juvenile justice law to bring them
in line with international human rights standards. It also welcomes
steps the country has taken to explore cooperation on human rights and
justice reform with the United Nations.
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Thursday, 23 October 2008 10:41 |
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Nepal: UN conducts training to help give excluded groups a voice
20 October 2008 – United
Nations human rights officials today convened a workshop in Nepal’s
west today with the aim of giving traditionally marginalized groups a
greater say in how the Asian nation rebuilds after its decade-long
civil war.
The training, held together with the National Human Rights Commission,
was conducted with organizations representing groups largely excluded
from decision-making processes on how the State should address the
consequences of the conflict, a process known as transitional justice.
Women, members of the Tharu community, former Kamaiyas and Dalits – or
so-called “untouchables” – were some of the groups represented at the
workshop.
Participants were encouraged to share their experiences, identify the
causes and consequences of the war and assess potential ways to
consolidate stability. The organizations were given the tools needed to
allow the groups to have their voices heard before bodies such as a
Commission on Disappearances or a Truth and Reconciliation Commission
(TRC) are set up.
“This workshop gave previously excluded groups, often those most
affected by the conflict, the space and opportunity to explore and
develop ways to best contribute to a national process on transitional
justice,” said Andrew Palmer, who heads the Far Western Regional Office
of the UN Office for the High Commissioner for Human Rights in Nepal
(OHCHR-Nepal).
Those who attended the training agreed to meet in a week for further talks.
Nepal, which in 2006 emerged from a civil war claiming 13,000 lives
between Government and Maoist forces, abolished its 240-year-old
monarchy in May and is now known as the Federal Democratic Republic of
Nepal.
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UN experts explore mercenary... |
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Monday, 20 October 2008 11:50 |
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UN experts explore mercenary activity in Eastern Europe and Central Asia
A group of United Nations experts have gathered in Moscow today to begin discussions on current practices in the Eastern European and Central Asian regions relating to the use of mercenaries and private military and security companies, as well as measures for the regulation and oversight of such entities.
The two-day regional consultation is being carried out by the UN Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination, which reports to the Geneva-based UN Human Rights Council.
The gathering brings together government representatives, experts, academics specialized on private military and security companies, intergovernmental and non-governmental organizations (NGOs), as well as a representative from a private military and security company.
Experts hope to gain “a regional perspective about the current practices related to mercenaries and private military and security companies registered, operating or recruiting personnel in the region,” according to a news release issued ahead of the visit.
They will also share information on steps countries in the region have taken to introduce legislation and/or other measures to regulate and monitor the activities of such companies on the global market.
Discussions will focus on, among other things, general guidelines, norms and basic principles for the regulation and oversight of the activities of private companies offering military assistance, consultancy and security services on the global market to encourage the further protection of human rights.
The Group is composed of five independent experts, serving in their personal capacities. They are Alexander Nikitin (Russia), Amada Benavides de Pérez (Colombia), José Luis Gómez del Prado (Spain), Shaista Shameem (Fiji) and Najat Al-Hajjaji (Libya).
It will present its recommendations and conclusions at a future session of the Human Rights Council. |
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