CRINMAIL 1204

In this issue:

To view this CRINMAIL online, visit: http://www.crin.org/email/crinmail_detail_popup.asp?crinmailID=3437

Editorial

Human Rights Day 2010: Children's rights defenders

As Wikileaks exposes the full extent of the internet's potential as a battleground for freedom of information and expression, the stories of others passionate about such freedoms remain in the shadows.

Hundreds of human rights activists and journalists are striving to shed light on violations of children's rights at great personal cost to themselves and their families. In the past week alone, we have received reports from children's rights advocates from four continents faced with threats, harassment and imprisonment because they dared to speak out.

While in some places the internet is opening up opportunities for NGOs, human rights defenders and journalists to express and find out about new ideas, many States are clutching at threats to national security as a pretext for closing in on civil society and restricting access to information.

In March 2010, the UN Human Rights Council raised serious concerns about ongoing threats and attacks faced by many human rights defenders. The Council adopted a resolution on their protection which identifies States responsibilities in promoting a safe environment for their work.

Appropriately, the theme of this year's Human Rights Day, marked on 10 December 2010, is "human rights defenders who act to end discrimination". It is to these people that we pay homage in today's CRINMAIL.

The right to freedom of expression is enshrined in the Universal Declaration of Human Rights:

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers" (Universal Declaration of Human Rights, Art. 19)

The Declaration on Human Rights Defenders further stipulates States' responsibility to support and protect human rights defenders. The Declaration is aimed at everyone and emphasises the role each of us has as a human rights defender. While the document does not provide for new rights, it explains how existing rights can be applied to human rights defenders.

The role of children's rights advocates depends on the freedom to speak out – a freedom which serves as a litmus test for other freedoms in society.

Without the work of these advocates, CRIN would not exist. We believe that civil society, grass roots activists and children all have the right to participate and express themselves freely and openly in all matters affecting them.

Gagging orders

Recent constraints placed on NGOs' freedom to operate are compiled in the round-up below.

The Inter-American Commission on Human Rights (IACHR) last week expressed concern over the Venezuelan government's proposal to ban political parties and NGOs from receiving international funding. Full story.

Threats and harassment have escalated against  two organisations working to protect the rights of marginalised children in Nigeria, especially children accused of witchcraft.

Stepping Stones Nigeria and one of their partners, Child Rights and Rehabilitation Network (CRARN), who work primarily in the Akwa Ibom state in the Niger Delta, found themselves defendants in a court case launched by a powerful local pastor – Helen Ukpabio - following the airing of their documentary "Saving Africa's Witch Children" in 2008. The pastor then allegedly plotted a raid on a children's rights conference where her followers beat up the organisers. They say she also instructed a lawyer to take police officers to the CRARN centre where they falsely arrested a number of staff and beat some of the children.

In addition, the Akwa Ibom State Government has recently launched a media campaign accusing the two organisations of being fradulent. It said they have used the children under their care to extort millions of pounds from the international community. Both organisations deny the accusations, stating that their public accounts are available for all to see.

The two organisations are worried that the media campaign against SSN and CRARN's work has contributed to "a climate in which violence against the staff and children at the CRARN children's centre is implicitly encouraged".

In November, the Governor of Akwa Ibom announced the establishment of a Commission of Inquiry into the veracity and extent of child witchcraft accusations. The organisations have stated that they welcome the Commission if indeed its intention is to improve respect for children's rights. They fear however that the move is politically motivated and aims to discredit them. Full story.

Ethiopia has been widely criticised for its repressive law governing civil society activities. Proclamation No. 621/2009 for the Registration of Charities and Societies required the re-registration of all civil society organisations. Stringent registration conditions meant that many organisations had to shut down. Violations of the law, which are very broad, can lead to imprisonment. Foreign organisations working on certain issues, including human rights, are no longer allowed to operate in Ethiopia. The same goes for national organisations which receive more than 10 per cent of their funding from international sources. In November, the Committee Against Torture called on Ethiopia "to acknowledge the crucial role of NGOs in preventing, documenting and assisting victims of torture and ill-treatment, consider lifting the funding restrictions on local human rights NGOs, unblock any frozen assets of those NGOs, and ensure their freedom from harassment and intimidation, with a view to enabling them to play a meaningful role in the implementation of the Convention in the State party, thereby assisting the State party in fulfilling its obligations under the Convention." (paragraph 34). Read more here and here.

Burundi is also cracking down on civil society, media, and opposition parties in the wake of recent elections, Human Rights Watch has said in a recent report. The report documents abuses including torture, arbitrary arrests, banning of opposition activities, and harassment of civil society groups. Download the report.

In regional news, 18 human rights organisations across Africa voiced outrage over the refusal of the African Commission on Human and Peoples' Rights to grant observer status to The Coalition of African Lesbians (CAL) last month. The decision, they say, is particularly disturbing in light of moves by a number of African countries to enforce ever harsher laws criminalising homosexuality. Full story.

On a more positive note, a meeting on freedom of expression in Africa took place last month in Gambia between the African Union and African Peer Review Mechanism (APRM) with the involvment of ARTICLE 19, the Special Rapporteur of the African Commission on Human and People's Rights (ACHPR) and others.

Participants discussed challenges in the APRM process, most notably the lack of direct involvement of the AU Department of Political Affairs and the absence of an outreach strategy to involve the media and civil society, reports the International Freedom of Expression Exchange. Read recommendations from the meeting.

Elsewhere, Iranian human rights lawyer Nasrin Sotoudeh, who is known for defending children who face the death penalty, is being held in solitary confinement in the country's notorious Evin prison. In a cruel turn, prison officials used her children against her. They forced Sotoudeh to insist to her 12-year-old daughter in a telephone conversation that her father refrain from publicising the case in the media, reports openDemocracy. Sotoudeh is one of a number of children's rights lawyers in a similar predicament in Iran. Full story.

Back to the Americas, in March this year the Inter-American Commission on Human Rights condemned the repression of activists and their children in Honduras who had opposed last year's coup d'etat.

In Chile, anti-terrorism legislation is being applied to members of the Mapuche indigenous group participating in social protests. The Inter-American Commission on Human Rights learnt more about the situation in a hearing brought by the Human Rights Clinic of Diego Portales University in October.

Paulo Pinheiro, the Commission's Rapporteur on Children's Rights, also sent letters to the State of Chile requesting information on the cases of members of the Mapuche community in detention who were prosecuted under this legislation for acts committed when they were children.

During its recent session, the Inter-American Commission also reminded the United States of its obligation to grant visas to those participating in human rights hearings. The statement was made after a hearing on the human rights situation of women in camps for internally displaced persons in Haiti was cancelled because the petitioners were denied visas.

Trumped up charges and evidence planting against NGOs and human rights defenders have come to light in the Philippines. According to CIVICUS, recent events suggest a growing trend of intimidation of human rights organisations and activists, including office raids and illegal arrests and detentions. Find out how you can take action here.

In November, Human Rights Watch called on the Vietnamese government to release a lawyer detained for exposing corruption and end its crackdown on lawyers and activists challenging the government on human rights. Full story.

Last but not least, China is pressuring other countries to boycott the Nobel Peace Prize ceremony honouring jailed dissident Liu Xiabo. Liu is serving 11 years in jail for his political writings and co-authorship of  Charter 08, a manifesto which promotes political reform and human rights. Full story.

Leading by example?

In campaigning for openness and transparency, it is only right that we apply the same principles to our own conduct as children's rights advocates. In this spirit, CRIN launched a campaign last year calling for greater transparency in how global leaders in children's rights are selected and more involvement of NGOs in these processes.

So far, we have looked at the appointment process for the Executive Director of UNICEF, members of the African Committee of Experts on the Rights and Welfare of the Child and members of the UN Committee on the Rights of the Child.

We also monitor the independence of national children's ombudpersons offices.

The idea is to get people with the appropriate commitment and strong credentials to fill all these positions to lead the way in stirring more and stronger children's rights advocacy.

As a continuation of this work, we are monitoring developments in the Human Rights Council review which is currently under way. Proposals to restrict the activities and independence of the UN experts known as Special Procedure are of particular concern. Some States are pressing for mandate-holders to respect a code of conduct when carrying out their work. Others are even suggesting the establishment of an independent legal committee to monitor compliance with the code of conduct. Full details in our HRC CRINMAIL.

In 2011 we will continue to monitor restrictions on children's rights advocates' work and distribute information on the next appointments up for scrutiny.

In the meantime, look out for the results of the CRC elections next week!

Further information

• Editorial on children's right to freedom of expression
• About children's rights and discrimination
• Campaign: "The future of children's rights - in whose hands?"

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LATEST NEWS AND REPORTS

Making sense of the UN

A group of NGOs has prepared a set of recommendations for improving the working methods of the UN treaty bodies (what are these?). The proposals, aimed at the UN Office of the High Commissioner for Human Rights and States, include making the system more accessible by, for example, holding occasional meetings outside Geneva and New York; improving communications; ensuring protection from reprisals; enhancing the membership of the treaty bodies; strengthening their activities, for example, on follow-up to Concluding Observations; and improving coordination both among the treaty bodies and with other UN mechanisms. Download the document.

Still confused by the UN system? The UN Human Rights Office has now released its publication "Working with the United Nations Human Rights Programme, the Handbook for Civil Society" in a format accessible to people with visual and print challenges.

The guide explains how the UN human rights mechanisms work and how NGOs and academic institutions can use these most effectively. To order a copy of the Handbook and CD Rom, email: [email protected].

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Off the radar

An investigation into psychiatric institutions and orphanages in Mexico has found that children and adults with disabilities are disappearing from public records with no way for anyone to track them down. Disability Rights International (DRI) and the Comisión Méxicana de Defensa y Promoción de los Derechos Humanos (CMDPDH), which led the investigation, found people left permanently in restraints, undergoing lobotomies without consent and being detained for life. Earlier this year, DRI brought the situation to the attention of the Inter-American Commisison on Human Rights. The UN Committee on the Rights of the Child has also raised concerns to Mexico.

Two cases of brutality against children in China have highlighted gaps in outdated child protection laws. A three-year-old girl was beaten to death by her mother in November. Four days later a boy survived being thrown from the fourth story of a school by a primary school teacher. Although China has laws protecting children from abuse, these were drafted almost a decade ago, and children's rights are still not taken seriously, reports China.org.cn. Full story.

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Get with the programme!

A project on children's views on child participation in decision-making processes at the international and European level is underway. The project, led by the Child Rights Alliance for England (CRAE), explores:

* to what extent are children aware of participation processes at the European and international level?
* what have been their most encouraging/frustrating experiences?
* what would a model participatory process look like from the perspective of children and young people?

If you have material which includes children's views and feedback on these issues and recommendations for future initiatives, please contact: Helmut Sax, Senior researcher at the Ludwig Boltzmann Institute of Human Rights, Vienna at: [email protected]

A new comic book on juvenile justice has been published for under 16s in New York City. The leaflet breaks down complicated legal concepts from booking to sentencing into simple language.

"I Got Arrested! Now What?" is the outcome of interviews with lawyers, probation officers and judges, as well as parents and children who have experienced the juvenile court process. Download the leaflet.

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Early marriage ends in court

Mary Robinson and Desmond Tutu commented on child marriage in the Washington Post this week, saying: "Changing national laws is not enough. Most countries with high rates of child marriage have outlawed it. Lasting change requires local leaders and communities to agree that child marriage is harmful and make a collective decision to end the practice."

The article is part of the Elders initiative to end child marriage and coincides with the animous approval of the The International Protecting Girls by Preventing Child Marriage Act in the US Senate last week.

Meanwhile, magistrates in Democratic Republic of Congo who sentenced two men to jail for marrying young girls aged nine and 13 have been attacked in their homes by "angry mobs", according to the Institute for War and Peace Reporting. The men, from Bukama territory in the south-east of the country, breached a new law on sexual violence which sets the age of consent at 18. Full story.

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Follow-up: Children and HIV and AIDS

The latest in a series of UNICEF reports on children and HIV focuses on mother-to-child transmission. Download the report. Read last week's CRIN editorial on children's rights and HIV and AIDS here. 

Spot the mistake

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