World Human Rights News

Welcome to the Castan Centre's summary of human rights news from around the world.  As the new day hits Australia before the rest of the world, our reviews are posted one day in arrears, Australian time, to ensure that we bring you news and views from the widest possible range of sources each day. 

Please note, some sites may require free registration and links may be temporary.

Google executives convicted in Italy for privacy violations due to videos on google Video Website

Former Google Italy president, David Carl Drummond, retired former Google Italy board member, George De Los Reyes, and Google Europe's privacy strategy chief, Peter Fleitcher, were all given six-month suspended prison sentences today after being found guilty of invasion of privacy by an Italian court.

The case concerned a video that was posted to Google Video on 8 September 2006, that showed an autistic boy being beaten and verbally abused at a Turin secondary school. The video remained on the website until the 7th of November, when a complaint was made by Italian police.

Google's lawyers said that the video was removed from the website within three hours of the company being formally notified by the Italian police. However, Judge Oscar Magi said that Google did not act fast enough to remove the video from the site.

The case is the first criminal action taken against Google executives for content published by internet users. Assistant public prosecutor Alfredo Robledo stated that "The right to conduct business cannot prevail over the dignity of the person...At the heart of this trial was protection of the individual through protection of privacy..." Google described the decision as an "attack on the fundamental principles of freedom on which the internet was built."  

The American ambassador to Italy, David Thorne, weighed in on the debate, saying he was "disappointed" by the decision and that "we disagree that Internet service providers are responsible prior to posting for the content uploaded by users". Ambassador Thorne quoted Secretary of State, Hillary Rodham Clinton, who said that "free Internet is an integral human right that must be protected in free societies."

But prosecutor Alfredo Robledo maintained that the case was not about freedom of the press, "To say this is about censorship has a big media effect, but is false...This is about finding a balance between free enterprise and the protection of human dignity."

Google Italy spokesman, Marco Pancini said the company would appeal the decision, because "our colleagues had nothing to do with the video in question...they didn't film it, they didn't post it and they didn't see it." Google's lawyers also argue that the decision goes against an EU directive from 2000 that gives hosting platforms a ‘safe harbour' from prosecution, so long as they act quickly to remove illegal content.

Future of Australian Human Rights Act in doubt

The Australian reported today that the proposal for an Australian Human Rights Act has reportedly collapsed, and that Attorney-General Robert McClelland is preparing a response to the Brennan Report that does not include an Act. The Sydney Morning Herald echoed this prediction, stating that "no final decision has been made but there is little prospect of an act being adopted."

However, supporters of a Human Rights Act are not convinced that the battle is over.  Richard Ackland opened his article by aping Mark Twain in saying that reports of the Human Rights Act may have been exaggerated.

Amusingly, James Allan also opened his piece in the Australian on the same day by quoting Mark Twain in the same context.  Allan, however, riffed on about the future of human rights in an Australia free of a Human Rights Act.  Most controversially, he claimed that Victoria - which is the only state with human rights legislation - would now be so isolated that its judges  should not be appointed to the High Court.

A spokesman for the Attorney-General said the Brennan report "was still being considered and the minister would respond in due course."

Hope for change in China?

Those who hoped for a change in attitude from the Chinese government on issues such as censorship and human rights will have to continue to be patient after further internal crackdowns in the country and foreign policy tensions with the West.

Liu Xiaobo, writer and human rights activist, was sentenced to an 11 year jail term on Christmas Day, 2009 for ‘inciting subversion of state power'. His appeal was denied on 11^th of February 2010 after a ten minute hearing. Foreign Ministry spokesmen Ma Zhaoxu responded to the outcome by stating: "There are no dissidents in China."

Xiaobo's jail sentence is the longest ever handed down for the offence, but he is not the only ‘dissenter' to be imprisoned in China recently. Tan Zuoren and Huang Qi, who were both investigating the role of corruption in the collapse of classrooms during the Sichuan earthquake, were imprisoned for 5 years and 3 years respectively, and prominent Christian human rights lawyer, Gao Zhiseng, who disappeared last year, has still not been found.

A recent report by the Committee to Protect Journalists labelled China as the world's ‘worst jailer of journalists' with 24 reporters currently imprisoned in the country.

The authoritarian stance domestically has been coupled with an increase in tensions between China and the West, particularly in bilateral relations with the United States. Ongoing issues such as US arms sales to Taiwan along with more recent disputes such as the Google censorship issue ,US allegations of currency manipulation,  and President Obama's upcoming meeting with the Dalai Lama, have put pressure on the relationship.

More significant though, has been an increase in China's self-confidence and assertiveness that has corresponded with a decrease in US power after the global financial crisis. As Martin Jacques, author of a recent book on the rise of China, put it, "The major concern is not China getting too big for its boots...but a growing sense of American frustration that its boots are no longer as big as they were or should be..." Senior White House officials have privately expressed concerns about China's more aggressive behaviour, with one official anonymously stating, ‘Chinese nationalism has to be managed'.  Publicly, however, it appears the US may be less willing to challenge Beijing on its human rights abuses given China's role as its creditor and to gain China's cooperation for sanctions on Iran.

Despite bleak prospects for change, some still hold hope. Liu Xiaobo, in a statement given at his trial on 23 December 2009, wrote: "I hope to be the last victim of China's endless literary inquisition...To block freedom of speech is to trample on human rights, to strangle humanity and to suppress the truth."

Iran to Bid for Seat on the Human Rights Council

Iran plans to campaign for a seat on the United Nations Human Rights Council when a secret ballot vote for the 47-member Council is held in May. Seats on the Council, four of which are allocated to the Asian regional group for which Iran will run, are elected by the UN General Assembly. At present, five States - Malaysia, Maldives, Qatar, Thailand and now Iran - will contend for the seats.

Iran's move is interesting in light of recent events in the State. On 11 February, amidst celebrations of the 31^st anniversary of Iran's Islamic Revolution, police and plainclothes Basij militiamen clashed with anti-government protesters staging peaceful demonstrations in Tehran and other cities. According to the unverified reports of numerous Iranian opposition websites, the protests were quashed with force. Iran's Green Voice, an opposition website, claimed police used live ammunition and teargas to disperse opposition supporters. In preparation for the celebrations, members of Iranian reformist groups who were planning the protests were arrested earlier in the week.

The anniversary celebration coincided with President Mahmoud Ahmadinejad's announcement that Iran is now a ‘nuclear state' able to produce nuclear fuel which, he claims, is not intended for the production of nuclear weapons. According to nuclear specialists, Iran's moves to begin enriching uranium from four to 20 per cent could progress to the technical capacity to manufacture a bomb; however, the White House has dismissed the Iranian President's claims.

The anniversary protests and announcement come after two government dissidents, Mohammad Reza Ali Zamani and Arash Rahmanipour, were executed on 28 January following their alleged admission to involvement in a militant royalist group and Western-backed bomb plot to disrupt Iranian elections last June. According to representatives of the men, they were arrested three months before the elections took place. Zamani and Rahmanipour were among more than 100 others who were put on trial following the re-election of President Ahmadinejad last year. Hours after the men were hanged, five more death sentences were handed down to opposition members involved in demonstrations last December which saw eight protesters killed and hundreds of others arrested. This brings the number of alleged dissidents on death row in Iran to at least 11.

On 15 February this year following a meeting of the Human Rights Council in which Iran was called upon to report under the regular review process, a number of western countries strongly criticised what has been termed Iran's ‘bloody repression'  and called on Iran to allow UN human rights observers inside its borders.

Iran previously ran for a seat in the Human Rights Council in 2006, but was unsuccessful.

Censorship is once again on the minds of Labor politicians

The Age reported that Federal Communications Minister, Stephen Conroy, has requested that Google censor YouTube for its Australian users. SmartCompany, an Australian website focusing on business news, understands that the plan would require Google to block the material (rather than relying on the proposed Government filter). The request is part of the Government's plan to filter the internet for Australian users.

Under the proposed internet filte r legislation, web pages classified as "refused classification" would be blocked. Material which would be refused classification under the Government's classification guidelines includes videos on safer drug use, euthanasia and graffiti. Censoring online videos would be required to complete the blackout. YouTube already prohibits videos which include child pornography, and bestiality.

Senator Conroy, in an interview with ABC's Hungry Beast, admitted that implementing a filter on YouTube would slow down use of the site. Nevertheless, he requested that Google comply with Australian legislation and added that Google already censors effectively videos and the internet generally for its Chinese and Thai markets. In response, a Google Australia spokeswoman commented that the search engine would not "comply voluntarily" with the broad scope of the "refused classification" content but would comply with the relevant laws of the countries in which it operates. In addition, Google Australia's Head of Policy, Iarla Flynn, said that the company had a bias in favour of freedom of expression and added that "public debate is essential for democracy" and that comparisons between China and Australia were not "helpful or relevant".

The effect of any changes to the legislation pertaining to internet censorship is unknown: YouTube is hosted on overseas servers so it is uncertain as to what effect the Australian government's legislation could have on the company's overseas operations.

The Daily Telegraph (UK) reported that 80% of Australians support the internet filtering legislation but the Electronic Frontiers Australia believes that Australians only support the filter because they do not know much about it. Geordie Guy from Electronic Frontiers said that he has encountered "overwhelming opposition" to the proposal when he has had the opportunity to clearly explain the proposal to individuals.

A protest group known as Anonymous was successful in shutting down the Australian Government's main website as well as the Parliament's website on Wednesday and Thursday as part of "Operation Titstorm". Members of Anonymous have also prank called Government offices, sent faxes and emailed Government workers pornography. The group warned that it could continue its attacks for months and spokesperson, Coldblood, told AFP that their attacks would last as long as "the individuals that make up Anonymous decide that action needs to be taken to protect the freedom of the internet." Alastair MacGibbon, a former director of the Government's "High-Tech Crime Centre" told the BBC that Australia was "well prepared" for the attacks.

The Government intends to introduce legislation concerning a mandatory filter the next 12 months, possibly during the Autumn sittings of Parliament.

Freedom of Expression becoming limited in Australia

The ABC reported that a recent law enacted by the South Australian Rann Government may require all Facebook and Twitter users to supply their full name and postcode during an election period when making posts about the South Australian election. The South Australian election is due to be held on 20 March 2010 and the law would apply from the date of sealing of the writ for the election.

The law which was enacted in early January 2010 came under scrutiny by the media and the public. The Adelaide Advertiser published an article about the new laws and the story generated over 1000 comments, mostly in opposition to the new law, on its Adelaide Now website. In response, Attorney-General of South Australia Michael Atkinson stated on 2 February that he would repeal the laws after the election. Non-compliance with the law could have led to fines of up to $5000 for news agencies.

The legislation received broad support from across the political spectrum according to Mr Atkinson. Greens MP Mark Parnell, who supported the legislation, believed that comments posted online such as those found on the Adelaide Now website would not be covered by the law. Upon learning of the possible application of the law, Mr Parnell said "If I'm wrong [about the law not applying to AdelaideNow comments], then I would say we have been misled by Labour ministers and we need to revisit this when Parliament resumes."

In his defence of the law, Attorney-General Atkinson stated that such laws were needed to protect debate from serial posters, such as Aaron Fornarino, were Liberal Party "plants". However, an Adelaide Now investigation found that Mr Fornarino lived 500 metres from Atkinson's office and was indeed a real person. Revealingly, in explaining his dramatic change of position, Atkinson stated that it would not be "effective to resist" young people who have grown up being able to say anything on blogs and websites.

The Australian rebuked the South Australian politicians for "increasingly taking the Singapore rather than Westminster as their model by resorting to legal action where political redress would be more appropriate". The "media minder" for Attorney-General Atkinson, Robert Malinauskas, said that claims posted on Facebook and talkback radio comments would be affected by the law were "overblown" as Facebook servers are located overseas and talkback radio is governed by Commonwealth law.  Malinauskas said that the law would have been "an extension to online of 70-year old existing law that requires media to verify the details of people sending in letters to the editor" which is aimed at prevented defamation.

Internet censorship may also be imposed by the Federal Government in the form of a net filter. In response to the Rudd government's proposal for the Australian Communications and Media Authority to filter Australia's internet primarily to prevent child pornography, Crikey reported that Reporters without Boarders (RWB) wrote to the Prime Minister urging abandonment of the scheme as the lists of sites would be determined by a government agency and not a judge. RSB Secretary-General Jean-Francois Julliard expressed his displeasure: "[t]he ACMA classifies content secretly, compiling a website blacklist by means of unilateral and arbitrary administrative decision-making. Other procedures are being considered but none of them would involve a judge." Australia is also on RWB's list of countries under surveillance for using draconian measures to control freedom of expression. Also on the list are Bahrain, Belarus, Eritrea, Malaysia, South Korea, Sri Lanka, Thailand, The United Arab Emirates, Yemen and Zimbabwe.

In an unrelated incident, the strength of the implied freedom of political communication in Australia was also tested during the Australian Open 2010 when Prime Minister Rudd's nephew Van Thanh Rudd and Sam King, both of the Revolutionary Socialist Party, were removed from the grounds by police after conducting an anti-racism protest. The Age reported that Van Rudd wore a Ku Klux Klan outfit with the slogan "Racism: Australian Made" to protest the fact that "Indians are 2.5 times more likely to be attacked than other ethnic groups" and that the Australian government should condemn the attacks as racist. Van Rudd also protested against Australia's treatment of Afghan and Tamil asylum seekers as well as Australia's support of the Sri Lankan government which Van Rudd branded as "genocidal". Tamil Sri Lankans have been fleeing the country during and following the civil war between the Tamil Tigers and the Government army. Whilst Van Rudd and King's message was concerned with political matters, Victorian Police removed the pair as their display "breached the peace during a special event". Van Rudd's conduct has been reported in the Indian media as "towing a different line" from his uncle, the Prime Minister.

The Herald Sun reported that the pair was fined $234 for their "riotous behaviour" and may now face a civil action from the Australian Made campaign if they continue to use their logo. The incident poses questions about how the freedom of political communication interacts with restrictions on laws aimed at maintaining the peace.

UN Independent Expert warns of human rights violations in Somalia

The UN Independent Expert on the situation of human rights in Somalia, Dr Shamsul Bari, has reported that grave human rights violations are being committed against civilians by both the Transitional Federal Government (TFG) and Islamist militant group al-Shabaab.  Dr Shamsul Bari noted that civilians were "bearing the brunt" of the fighting between TFG and al-Shabaab forces. Amnesty International has also raised concerns that "indiscriminate and disproportionate attacks" were being carried out by both forces in areas populated by civilians.

Additionally, the UN expert has broached concerns that rights to protection, adequate food, medical care and shelter may have been violated as armed groups restrict access to humanitarian assistance and aid workers fall victims of targeted killings for their work. Journalists and politicians also face death threats and assassinations.

Dr Shamsul Bari has urged the international community and the UN to strengthen international engagement and support to Somalia, including Puntland and Somaliland. Human trafficking has been cited as one of the major challenges of the Puntland government. Enforced labour, involuntary domestic servitude and commercial sexual exploitation remain problems despite legislation against human trafficking existing in some regions. In the 2009 Trafficking in Persons Report the US Department of State noted reports of children being used by Islamist militant groups to plant bombs and act as mercenaries. 

Penalties of capital punishment for extrajudicial sentences have occurred in areas controlled by al-Shabaab and ruled under Sharia law. In June 2009, Amnesty International reported that punishments have include flogging, amputation and death for people accused of minor thefts and women not wearing veils.

The Australian Government recently listed al-Shabaab as a terrorist organisation, following the USA's 2008 listing, making it a crime for an Australian to associate with the group. 

The number of displaced people in Somalia continues to escalate as fighting continues. 500,000 people reside in the Afgoye Corridor, the largest concentration of displaced people in the world. Conditions in camps such as these are poor, with a lack of sanitation and fresh running water encouraging the spread of disease. Many of the inhabitants in such camps have lost family members and property as a result of the conflict.

Despite aid being desperately required for the day to day survival of civilians, international aid is being dispersed too slowly, some diplomats assert.   Conversely, the distribution of weapons and other military assistance to Somalia may not have the proper safeguards to ensure that these supplies aren't used to breach international human rights law. In a recent report, Amnesty International stated that a lack of respect for human rights by Somalia's police and armed forces may threaten the humanitarian situation in the country. Amnesty International also fears that as much as 80% of arms will be diverted to the domestic arms market and armed groups both supporting and opposing the TFG.

Americans crossing Haitian border with children arrested

The continuing chaos and confusion in Haiti following the devastating 7.0 magnitude earthquake on 12 January near the capital Port-au-Prince has led to concerns that children could be removed from the country without proper checks being conducted to ascertain the status of their parents. 

The UN has responded to the crisis by sending a joint OHCHR-UNHCR five-member protection team on 22 January to Haiti. This deployment marks the first time these two UN agencies have fielded a joint protection team during a crisis. The team will work closely with the Haitian government to protect children, in particular separated children, single mothers and displaced people. The team has joined the existing UN operation in Haiti whose task was to tackle the pre-existing issues of enslavement of children and trafficking in the country.

Five men and five women with US passports as well as two Haitians were arrested on 31 January at the Haitian-Dominican Republic border by Haitian border police for "violations of Haitian law related to immigration". The Americans, who are members of a US-based charity called New Life Children's Refuge, were attempting to cross the border with 33 Haitian children. The adults had no documents for the children and the older children were reported to have told the aid workers that their parents were alive.

The Guardian reported that the arrested aid workers may have been trying to provide assistance to the children by taking them to a 45-room hotel to be converted into an orphanage in Cabarete in the Dominican Republic. Amanda Weisbaum from Save the Children told Al Jazeera that removing children from their home country would not be in their best interests. Laura Silsby, spokeswoman for the New Life Children's Refuge, said that "[they] were just trying to do the right thing" in the chaos. The group obtained the children from a Haitian Christian Pastor. The Dominican Today reported that the group had paid no money for the children and had obtained documents from the Dominican Republic but not from the Haitian Republic.

The incident has heightened fears that criminal gangs may exploit the lack of stability in the country and target orphaned Haitian children for the purpose of child trafficking. The Haitian government has responded by implementing strict controls on adoption including a requirement that the Prime Minister authorise the departure of any child from the country. As of January 29, the US Department of State has had no confirmed cases of trafficked persons within or outside Haiti since the earthquake. However, the Haitian Prime Minister, Jean-Max Bellerive told CNN that he had received reports saying that trafficking was taking place. He noted that trafficking humans for organs was also a concern.

UNICEF is said to have taken over the primary responsibility for children's welfare in Haiti and the US State Department is assisting its efforts. The US State Department has publicly aired its concerns about traffickers and paedophiles entering Haiti and has stated that it will work with "international and private aid groups" to protect Haitian children who have been separated from their parents. State Department Spokesman P.J. Crowley has stated that the State Department's Office to Monitor and Combat Trafficking in Persons was engaged in the issue and had been working in Haiti prior to the earthquake. The State Department's efforts include registering unaccompanied children, tracing families for the purpose of reunification, taking efforts to remobilise the Haitian Police's Child Protection Brigades, rebuilding the capacity of Haitian NGOs working to protect child domestic servants and educating Haitians about the risks of giving away children in times of crisis.

On a more positive note, food aid appears to be reaching the people of Port-au-Prince as 55-pound bags of rice are distributed to women only. Marcus Prior of the United Nations World Food Program has stated that the program's long history in food distribution during a crisis has shown that delivering food to women is more likely to ensure that it is shared among the family. Men are more likely to sell the food for a profit.

The Provision of Aid and Human Rights in the Haiti Disaster

The recent earthquake in Haiti has had a devastating impact on the infrastructure and governmental system of the poorest nation in the Western Hemisphere. In addition to the rapidly mounting death toll, the earthquake has significant consequences for the human rights of Haitian citizens.

The Australian reports that the delivery of humanitarian aid must be managed effectively. If aid packages are simply dropped from aircrafts, it is likely to be only the strongest and most physically able citizens who benefit from the assistance. In these circumstances, aid packages may end up for sale on the black market as the financial situation in Haiti becomes more desperate. Instead, foreign nations and aid organisations must actively engage with the poor of Haiti, ensuring that humanitarian aid actually reaches the people most in need.

The Australian argues that aid efforts in Haiti must also focus on rebuilding systems of governance and infrastructure, in addition to meeting the immediate needs of affected people. This will allow the Haitian government and related institutions to provide essential services and assistance in the long term, after the initial humanitarian disaster response efforts have concluded.

In addition to financial aid, foreign States can take other steps to relieve some of the humanitarian burden on Haiti. Nations such as the USA have decided to temporarily suspend deportations of Haitians citizens currently on American soil without valid visas. Amnesty International  suggest that this initiative could be taken further, such as extending Temporary Protection Status to all Haitian citizens in America. Policies of this nature would avoid sending more people into the devastated areas of Haiti and complement the international humanitarian aid effort.

Release of report on the 'State of the World's Indigenous Peoples' notes that Australia has some work to do

The UNPFII reports that an Aboriginal child born in Australia today ‘can expect to die up to 20 years earlier' than a non-Aboriginal person. This disparity places Australia on the same level as Nepal, and significantly behind Canada, New Zealand, Mexico, Guatemala and Panama. The difference in life expectancy can be attributed to dramatically worse health problems for the Indigenous population, including obesity and tuberculosis. For example, 44 percent of Torres Strait Islanders in Australia have Type 2 Diabetes, which is a rate more than four times higher than non-Indigenous Australians.

The report also highlights distinct social problems for Indigenous communities in Australia. The Aboriginal unemployment rate in 2006 was 15.6 percent, three times greater than the nationwide statistic. A quarter of Aboriginal people are currently living in ‘overcrowded conditions' and only 34 percent own their own home, compared to 69 percent of the non-Indigenous Australian population. In addition, many Aboriginal people live with inadequate infrastructure, as 46 percent of communities with 50 or more people have no connection to a mains water supply. Indigenous children in Australia are only half as likely as their non-Indigenous classmates to complete Year 12 schooling.

The report notes that high levels of substance abuse and smoking are also having a devastating affect on Aboriginal communities in Australia. 19.9 percent of all adult prisoners in Australia are of Aboriginal descent, despite Indigenous people constituting just 2.4 percent of the population. This means that an Aboriginal person is eight times more likely to be incarcerated than a non-Indigenous person in Australia. This statistic is far higher than Indigenous custodial rates in New Zealand, Canada or the United States of America. The UNPFII also suggests that Indigenous offenders are ‘all too often held in overcrowded prisons, in substandard conditions...and far from their communities.'

However, the report indicates that the Rudd Government has taken several steps to address some of the problems facing Indigenous communities in Australia. This includes the formal parliamentary apology to the Stolen Generations in February 2008 and Australia's endorsement of the UN Declaration on the Rights of Indigenous Peoples in April 2009. The report noted that Indigenous Affairs Minister Jenny Macklin indicated that the endorsement ‘gives us a new impetus...to advance human rights and close the gap between Indigenous and non-Indigenous Australians.'

The UNPFII's report reiterates that Australia is significantly behind much of the developed world in terms of equality between Indigenous and non-Indigenous communities. As 2008 Australian of the Year Professor Mick Dodson concluded in the report, it is the denial of human rights to Indigenous peoples which is the greatest contributor to social and economic inequality in Australia.

Google to End its Censorship of Material on its China-based Google.cn

Google has decided to end its censorship of material on Google.cn and has threatened to cease its operations in China. Google has taken this drastic step because of allegations that Chinese-based cyber spies have been using highly sophisticated hacking techniques to infiltrate the e-mail accounts of human rights activists based in China, Europe and the United States of America. It is believed that this largely unsuccessful operation was also used to target the intellectual property of more than twenty large corporations.

Google's Chief Legal Officer David Drummond has declared through Google's blog that ‘we are no longer willing to continue censoring our results on Google.cn...We recognise that this may well mean having to shut down Google.cn, and potentially our offices in China.' Rival search engine Yahoo has supported Google's stance, stating that the allegations are ‘deeply disturbing' and that violations of privacy must be vehemently challenged. US Secretary of State Hilary Clinton has also issued a statement, declaring that Google's allegations ‘raise very serious concerns and questions.'

Google's threat to cease its operations in China will have dramatic ramifications for an estimated 300 million Chinese internet users. In recent days, Chinese internet users have gathered outside Google's Beijing office, with one university student saying that ‘The government should give people the right to see what they want online...The government can't always tell lies to the people.'  An anonymous Chinese tweet also suggests that ‘It's not Google that's withdrawing from China, it's China that's withdrawing from the world.'

News of Google's proposed withdrawal from China has attracted media attention from all over the world, but the reaction from the Chinese Government has been remarkably brief and nondescript. China's official government agency, Xinhua, simply quoted an anonymous source who was ‘seeking more information on Google's statement that it could quit China.' China Daily has declared that Google's threat is a ‘strategy to put pressure on the Chinese Government.' The Herald Sun reports that China's Cabinet Spokesman Wang Chen has reiterated the importance of censorship, arguing that "the Government and internet media have a responsibility to shape public opinion.'"

The allegations made by Google have significant ramifications for internet privacy and the ability of human rights activists to operate without fear of surveillance. In response to the alleged cyber spying and infiltration, it appears that Google has already begun to lift its censorship filters on Google.cn. The infamous ‘tank man' image from the 1989 Tiananmen Square protests was available on the search engine soon after Google made its statement, in addition to information about the Dalai Lama. This marks a significant change in Google's approach to Chinese censorship regulations and may represent a challenge to the ‘Great Firewall of China.'

New Victorian Police Powers to Search Individuals are Incompatible with the Charter

Victoria Police have new powers to search any individual suspected of carrying a weapon without a search warrant. Under legislation introduced in December 2009, the police must provide seven days notice of the location of the random search operation and can search children within the designated area.

These powers were first used at Footscray train station on 7 January 2010 in response to the stabbing death of Indian student Nitin Garg. However, Victorian Attorney-General Rob Hulls has acknowledged that the new police search powers breach the Charter of Human Rights and Responsibilities Act 2006 (Vic). Mr. Hulls has said that ‘Yes, it is true that parts of this legislation are incompatible with the Charter...But the Government has made a decision that this legislation is still required.' In defending the extensive nature of the search powers, Mr. Hulls has suggested that ‘No right is absolute', because people in Victoria ‘have the right to go about their business without threats of violence.' The Scrutiny of Acts and Regulations Committee has also expressed concern, suggesting that the new search powers ‘arbitrarily interfere with Victorian's privacy' and ‘do not provide Victorian children with such protection as are in their best interests.'

Terrorism threat ignites debate over use of airport body x-ray technology

Following the failed 25 December 2009 airline bombing in the United States, where a man allegedly attempted to ignite explosives concealed in his underwear, airports worldwide are investigating the introduction of full body x-ray scanners. This has raised concerns, as the x-ray scanners potentially violate people's privacy.

In Germany, a member of the Free Democratic Party, one of the parties in the government coalition, indicated that the party did "not support the peep show of the current scanners" and privacy settings would need to be improved before it would support the use of the scanners.

The x-ray scans depict passengers' body parts that can accompany clear images of faces. However some airports have already introduced technology that blurs faces and displays images in chalk outlines.   In the United States, the viewing of scans must take place in a separate room so that the passenger cannot be identified. Privacy groups are also concerned about the graphic nature of the scans which can reveal false limbs and plastic surgery.

Furthermore, there are new concerns that the images may be stored and obtained by third parties. Body scanners currently used in the United States have WiFi connectivity and the capacity to store and record images as well as transfer them onto USB devices. Although the scanners are provided with these settings disabled, they are able to be overridden by security personnel. There is also fear that the security settings on airport body scanners could be hacked so that stored images could be stolen and distributed.

In the UK, scanners are planned to be operational in all airports "as soon as practical" . However, in order to comply with European human rights obligations, children will be exempt.

The scanners have been trialled at Australian airports but the government is yet to deliver a final decision on the technology.

 ASIO Security Determination's impact on Tamil Refugees

Four of the 78 Tamil refugees from Sri Lanka who were on board the Oceanic Viking have been issued with adverse security assessments by ASIO. Immigration Minister Chris Evans has confirmed that these four refugees will not be permitted to enter Australia and will be detained on Christmas Island. This decision has been made despite all 78 Sri Lankans being granted refugee status by the UN High Commissioner for Refugees. These four refugees now face a desperate situation of indefinite detention, as Australia cannot deport them to Sri Lanka but will also not grant visas to enter the mainland.

This situation raises continuing concerns about the extent of ASIO's powers.  As with previous ASIO decisions, the reasons for issuing an adverse security assessment will not be disclosed. This means that the four refugees may to be subject to repeated interviews by ASIO without being told why they are considered to be a security risk. It is also unclear whether ASIO has gathered information from the Sri Lankan Embassy, which Pamela Curr of the Asylum Seeker Resource Centre stated, has previously claimed ‘that all Tamils coming to Australia are either Tamil Tigers or potential terrorists.' As Greens Senator Bob Brown explains, current policy allows ‘ASIO to be the arbiter of who comes into this country and who doesn't...and extraordinary powers ...to determine the lives of Australians generally.'

Previous examples have illustrated the flaws in allowing ASIO to determine whether an asylum seeker should be granted a visa to enter Australia. Two Iraqi men, Mohammed Yussef Sagar and Muhammad Faisal, became mentally ill after spending five years in detention in Nauru as part of the Pacific Solution. Both men were held indefinitely in detention because of an adverse security finding by ASIO and were not informed of the reasons for the decision. The Federal Court later held that Sagar, Faisal and American Scott Parkin had a right to know why the Australian Government considered them to be a security risk. Faisal was subsequently granted a visa to live in Australia after ASIO was forced to reverse its decision.

As Greens Senator Bob Brown suggests, ASIO's decisions about the status of an asylum seeker should be subject to scrutiny and not shrouded in secrecy. Refugee lawyer David Manne noted that It is important that this issue does not become a ‘political football' to avoid these refugees being held in indefinite detention.

Iranian government implements further measures in response to continued unrest

Anti-government protests were renewed on December 23, 2009, coinciding with the Shi'ite Muslim holiday of Ashura. The government arrested hundreds of protestors and at least eight were killed. Among those arrested were students, journalists and members of government opposition groups. In response to the strict measures taken by the government, 88 professors at Tehran University demonstrated against violent measures taken by the government to quell protests. The Iranian government has since acknowledged responsibility for the deaths of three demonstrators held in detention. The report identified "limitation of space, poor sanitary conditions...lack of ventilation and...physical attacks to be responsible for the deaths.

Several protestors who were arrested during the latest demonstrations against the Iranian government are to be charged with the crime of moharebeh, "warring against God". The punishment for conviction of the offence is death.

Following the protests, several members of the banned Bahai faith were arrested for organising the protest by "sen[ding] abroad pictures of the unrest"

The political upheaval has lead to the further deterioration of Iran's links with foreign countries. The government has recently outlawed communications with 60 foreign organisations, stating that "having any relation ... with those groups involved in the soft war [against Iran] is illegal and prohibited," Furthermore, the government has warned Iranian citizens to "be alert to the traps of our enemies and co-operate ... in neutralising the plots of foreigners and conspirators."

Iran has recently postponed a visit by delegates of the European Union to Iran that was scheduled for January. Iran's decision to reschedule the visit may reflect the country's fears that the possible effects on ties with Europe are "a risk not worth taking".

More protests are believed to be planned for February 11, 2010, the anniversary of the 1979 Iranian Revolution.

French Government to introduce measures prohibit the wearing of burqa in public

The leader of the governing UMP party in the French National Assembly, Jean-Francois Cope, has introduced a bill to prohibit Muslim women from wearing a full-length burqa in public. Women who defy this prohibition would face a possible fine of €750, on the basis that ‘the burqa must be banned to defend women's rights.'

This proposed law is a further step in the campaign to restrict overt symbols of religious faith within the French republic. In 2004, France legislated to ban headscarves and any other ‘conspicuous religious symbols' from state schools. This is consistent with a long-standing French policy which disapproves of separate cultures that are not assimilated into the wider community. An example was seen in July 2008 when the Conseil d'Etat, France's highest administrative body, denied citizenship to a burqa-wearing Muslim woman from Morocco on the grounds of ‘insufficient assimilation' into France.

French President Nicholas Sarkozy has been particularly vocal on this issue, arguing that ‘the burqa is not a sign of religion; it is a sign of subservience. It will not be welcome on the territory of the French republic.' President Sarkozy has also indicated that all religious followers must practice their faith in ‘humble discretion' and ‘must refrain from ostentation and provocation.'  President Sarkozy has pledged understanding for the recent decision of the Swiss Government to ban the construction of minarets and called burqa wearing women ‘prisoners.'

Opponents of the proposed legislation, including the French Socialist Party, have expressed the belief that such a draconian law would be difficult to enforce and almost certainly subject to a challenge in the European Court of Human Rights. Proposing a fine for women choosing to wear the burqa has also been described as using a ‘sledgehammer to swat a fly.'

The position of President Sarkozy and the French Government directly conflicts with the views of other world leaders. President Obama recently indicated that ‘it is important for Western countries to avoid impeding Muslim citizens from practicing religion as they see fit...by dictating what clothes a Muslim should wear.' The Danish Government has also refused to consider a ban on wearing the burqa, as Justice Minister Brian Mikkelsen has acknowledged that such a policy would breach the European Convention on Human Rights.

Recent Blows to Same-sex Equality in Australia

Earlier this month, the ACT Legislative Assembly passed a bill permitting same-sex couples to obtain civil partnerships through a legally binding ceremony. The bill was a step towards same-sex couples obtaining the equivalent rights as heterosexual couples in the ACT.

Last year, however, the Rudd Government blocked a similar bill introduced by the ACT.  This time around, despite previous public statements claiming to support the right for gay couples to have access to civil unions, the Rudd Government indicated that " it was uncomfortable with the new legislation", and Commonwealth Attorney-General Robert McClelland requested that the ACT Government amend the scheme.

Both governments have come to a compromise on the legislation as the ACT Government agreed to implement the requested changes, to the disappointment of some gay rights activists. The amendments requested by Mr. McClelland mean that, while civil partnerships are still permitted, same-sex couples must notify the registrar-general of their intention to hold a ceremony five days prior to its commencement, meaning that it is the registrar-general, rather than the celebrant, who will declare a partnership legally binding. The new act will not have the same legal effect as the unamended version, yet Mr. McClelland argued that the additional step was an "essential requirement".

ACT Attorney-General Simon Corbell however, was optimistic about the changes stating that the legislation was a big step forward for gay rights. "This now opens the door for other states and territories to follow the ACT's lead knowing the Commonwealth accepts ceremonies are now a legal part of the equation." he said. Some couples have already taken advantage of the new changes.

But some were disappointed by the passing of the legislation. Jim Wallace from the Australian Christian Lobby said that the introduced changes were opening a door to "completely devaluing marriage", while Family First Senator Stephen Fielding equated same-sex marriage with incest.

A second blow for the equal rights for same-sex couples come from the Commonwealth Senate Committee's decision to not recommend the implementation of the Marriage Equality Amendment Bill 2009. The bill sought to "...remove all discrimination from the Marriage Act 1961 on the basis of sexuality and gender identity and to permit marriage regardless of sex, sexuality and gender identity."

The Senate Committee's Report, however, did recommended that "...a nationally consistent framework [be implemented] to provide official recognition for same sex couples and equal rights under federal and state laws." Hence, while refuting same-sex marriage, the Report is still a step forward for many same-sex couples looking to obtain equal rights under the law.

Public rallies have been organised throughout Australia by ‘Equal Love', a lobby group, on the 28^th of November to put pressure on the Commonwealth to demand the right to marriage for same-sex couples.

23 November 2009

Rwanda set to join Commonwealth despite human rights concerns

Despite concerns relating to human rights violations within the country, Rwanda is expected to be accepted into the Commonwealth group of nations. The Commonwealth is currently deciding the matter at its heads of state meeting in Trinidad and Tobago.

Several western nations, including Australia, have supported the bid. A spokesperson for Canada's Foreign Affairs Department stated that "Canada would welcome the admission of Rwanda to the Commonwealth."

Human rights groups have strongly criticised the move. According to a Commonwealth Human Rights Initiative report, Rwanda's acceptance into the organisation would "devalue the Commonwealth's foundational principles, signalling tolerance for continued poor governance and human rights violations."  If selected, Rwanda would be the 54^th nation within the Commonwealth.

Complaints increase against Mexican military

The Mexican military has recently come under scrutiny due to an increase in the number of complaints against its soldiers. This rise in complaints has corresponded with an escalation in violence between the military and many drug cartels that operate within the country.

Despite Mexico's Human Rights Commission having received over 2,000 complaints in the last three years regarding the military's conduct, only three soldiers have been found guilty of human rights violations.

Human rights organisations claim that the low number is proof that the military is both ill-equipped and unwilling to properly investigate accusations against its soldiers.

21 November 2009

Fears raised about human rights in Ethiopia

Fears have been raised about the protection of human rights in Ethiopia in the run up to presidential elections in 2010.

The Solidarity Committee for Ethiopian Political Prisoners Canada, an Ethiopian human rights group, has argued that free and fair elections will not be possible in the country. The group has stated that "The Ethiopian government has used the court system to push its agenda and to criminalize any dissent in the country."

It has been claimed that the Ethiopian government has actively engaged in repression of the media, while also forcing some journalists and human rights activists to seek refuge abroad.

If the poll goes ahead, it will be the first since 2005 when post-electoral violence killed around 200 people.

20 November 2009

UN committee condemns Iran's human rights record

A recent vote by the Third Committee of the UN General Assembly has expressed "deep concern at the serious, ongoing and recurring human rights violations in the Islamic Republic of Iran." The resolution was in response to violence that occurred after June's disputed presidential election.

The non-binding resolution, which passed 74-48 with 59 nations abstaining, blasted the Iranian government for engaging in "harassment, intimidation and persecution" and for subjecting opposition protestors to "arbitrary arrest, detention or disappearance."

It found a direct correlation between the disputed election, and a rise in political suppression and violence. The members of the committee urged Iran to immediately release all political prisoners.

Speaking after the resolution, Iranian UN Ambassador, Mohammad Khazaee, criticised the resolution as a political stunt. He argued that claims about the post-election were "entirely misleading and incorrect."

The passing of the resolution is the second time, in as many years, that the UN Human Rights Committee has found Iran to have breached its human rights obligations.

McClelland to prohibit death penalty, torture

The Federal Government has introduced a bill to permanently prohibit the use of torture and the death penalty within Australia. The result would be that no state or territory could reintroduce either practice.

Speaking to the House of Representatives, Mr McClelland said that "Taking these steps demonstrates our fundamental opposition to acts that are contrary to basic human values."

A catalyst for the amendments was to ensure that Australia was complying with its obligations under international law.

The move was welcomed by Australian Human Rights Commission, Catherine Branson QC. "This new offence means that torture will be criminalised both within and outside Australia...This legislation demonstrates a commitment to preventing some of the most serious breaches of human rights," she said.

Children's Commissioner Required

The Australian Human Rights Commission has stated that Australia requires a national Children's Commissioner to protect the rights of children.

Marking the 20^th anniversary of the Convention on the Rights of the Child, Australia's Human Rights Commission, Catherine Branson QC said that "The right to an adequate standard of living, the right to health care, the right to education, or the right to protection from violence might seem to be a given in 21st Century Australia. But we know from recent experience that these rights are still not enjoyed by many children and young people in Australia today,"

Ms Branson went on to say "Now, almost 20 years after we ratified this ground-breaking document, it is time to put in place mechanisms to protect the rights and well-being of all our children

19 November 2009

Obama leaves activists disappointed

Despite US President Barack Obama raising the politically sensitive issue of human rights during his first visit to China, many people believed he should have done more. Chinese dissidents were particularly disappointed with President Obama's refusal to meet with them.

In response to the claims that the US President should have done more to confront the Chinese government about its human rights record, a White House official stated that "The president raised several dissident cases directly with President Hu on Tuesday." Some in the US also thought that the President's first trip to China was a "missed opportunity" to confront China about its record on human rights.

According to the Information Centre for Human Rights and Democracy, which is based in Hong Kong, more than 30 human rights activists were detained for the duration of President Obama's visit.18 November 2009

18 November 2009

Comments on same-sex laws ‘bordering on homophobia'

ACT Human Rights Commissioner Helen Watchirs says she is concerned the public debate about the Territory's new laws for same-sex couples is bordering on homophobia. The Legislative Assembly passed a bill last week allowing gay couples to recognise their relationship with a legally binding civil ceremony, but church leaders are pushing for the Federal Government to overturn the laws. Dr Watchirs says comments made by Catholic Archbishop of Canberra Mark Coleridge are unhelpful. "Saying that gay people or single parents don't make the same contribution to society I think devalues and treats them as second-class citizens," she said.

Detained Vietnamese rights campaigner suffers stroke

Vietnamese Catholic priest and human rights campaigner, Father Nguyen Van Ly, suffered from a stroke in his cell in Ba Sao prison where he has been held since 2007. The 63 year old priest is a prominent advocate for religious freedom in Vietnam and was convicted in 2007 for allegedly disseminating anti-government propaganda and sentenced to eight years in prison and five years of house arrest. Advocacy group, Freedom Now, is calling on the Vietnamese government to release Father Ly so he can receive medical care and to see his family. "Such ruthless treatment of political prisoners, including journalists and writers, is unworthy of a government that has just presided over the United Nations Security Council," Reporters Without Borders said. They report that at least 21 journalists and bloggers are in prison in Vietnam but that the Vietnamese themselves will not find any mention of these cases in the press, especially as the government has just issued a new directive of which article 7 makes the dissemination of news and information "not in accordance with the interests of the nation and people" punishable by heavy fines or the withdrawal of the journalist's press card.

Obama gently prods China on human rights

The Boston Globe reports that President Obama yesterday mixed praise for Chinese economic triumphs with gentle prodding on its currency, human rights, and Tibet during talks in Beijing with Chinese President Hu Jintao. Obama said he spoke to the Chinese President about how human rights are universal and said that the two countries had agreed to continue to move forward in a human rights dialogue that is scheduled for early next year. The Brisbane Times reports that Obama gently asserted his nation's principles of ''freedoms of expression and worship, of access to information and political participation'' but that the Chinese ignored him, giving the example of the limited Chinese media coverage of Obama's tightly choreographed town hall-style meeting with Chinese students in Shanghai on Monday. However, Chinese state-run television carried the joint appearance live, including Obama's pitch for "universal rights'' and talks between Beijing and Tibet's exiled spiritual leader, the Dalai Lama. Despite this, the Boston Globe notes that the official Chinese news coverage that followed yesterday's Great Hall of the People event focused on one part of Obama's message: that the United States accepts Tibet as part of China. The Brisbane Times reports further that as the two countries' economies are inextricably linked, China has nothing to gain by provoking the US any more than Obama does by provoking China with button-pushing over Tibet or Taiwan. Urgen Tenzin, a Tibetan leader, is said to be disappointed by the US president's visit to Asia.

Chile applies dictator-era law to Mapuche Indian violence

Small groups of Mapuche Indians have so rattled Chile by seizing forests, burning buses and attacking police to demand land and autonomy that the leftist government has turned to dictatorship-era measures to quell the violence. The police crackdown has left a stain on President Michelle Bachelet's otherwise strong human rights record, with UNICEF, the UN Human Rights Commission and other international organizations expressing concern that elderly people and children are being abused. Bachelet had promised during and after her 2006 election campaign not to use the terrorism law against the Mapuches, but her government has since insisted that it is a necessary response - and that judges ultimately decide whether it applies.

17 November 2009

Amnesty boss urges equality for poor Aborigines

Australia must abolish policies that discriminate against Aborigines in its quest to lift its indigenous population out of Third World poverty, said Irene Khan, secretary general of London-based Amnesty International. She singled out for criticism the government's so-called emergency intervention aimed at eradicating child sex abuse in Outback Aboriginal communities. Khan blasted the federal Labor government for continuing the former Howard government's interventionist policies. Her recent visit to Aboriginal camps and ramshackle settlements in the Northern Territory came three months after a fact-finding mission to the same region by the United Nations special rapporteur on indigenous human rights, James Anaya. Anaya concluded that the sweeping restrictions imposed on Aborigines, with the suspension of anti-racial discrimination laws two years ago, breached Australia's international obligations on human and indigenous rights.

Western Sahara activist on hunger strike at Lanzarote airport

Western Sahara's most prominent human rights activist has gone on hunger strike at a Spanish airport after being expelled from her home country by Moroccan authorities. Aminatou Haidar, who is viewed by her supporters as the "Sahrawi Gandhi", was deported to Lanzarote from the disputed territory of Western Sahara on Saturday. Morocco has occupied the former Spanish colony since 1975, refusing a say on independence to the indigenous Sahrawi population, including some 100,000 people still living in refugee camps in the desert in south-western Algeria. She was detained at the airport on her return from the US, where she was awarded the Train Foundation's Civil Courage prize of $50,000 for her struggle for the Sahrawis' right to self-determination. After refusing to declare her nationality as Moroccan on the airport arrival form, the police confiscated her passport and she was flown to the nearby Canary Islands.

The expulsion of Haidar, who was also awarded the 2008 Robert F Kennedy human rights prize for her struggle, is part of a wider crackdown on Sahrawi activists. The escalation of repression and the expulsion of Aminatou Haidar follow the appointment of Christopher Ross as the new UN Special Envoy to Western Sahara and recent hopes that, with support from the Obama government, a breakthrough to the diplomatic stalemate might finally be found. Some analysts believe that the crack-down is an attempt by the Moroccan authorities to scupper long awaited UN-sponsored negotiations before they even start. Stefan Simanowitz, chair of the global campaigning organisation, the Free Western Sahara Network, argues that pushing for the collapse of the UN negotiations "might backfire" on Morocco. "By perpetrating violence and repression against the very people they have committed themselves to negotiate with; Morocco could be seen as not playing a straight hand and as a result come under greater international diplomatic and political pressure".

Morocco fully rejects the allegations made by certain foreign media outlets and NGOs, which, according to Moroccan Foreign minister, Taib Fassi Fihri, rushed to truth distortion by reporting on the so called "arrest", "pressure", or "coercion" that Aminatou Haidar would have underwent to "in violation of the international law".

Women's only travel agency denied

Erin Maitland's hope of starting an all-female travel company has been shattered, after it was ruled her submission pigeonholed men as only going on holiday to "bed hop and booze". Maitland applied to have her proposed business Travel Sisters exempted under the Equal Opportunity Act, arguing that women would feel safer and more comfortable travelling in a same-sex group. The Victorian Civil and Administrative Tribunal - which must make exemption rulings based on the Victorian Charter of Human Rights and Responsibilities (VCHRR) - denied Ms Maitland's submission. The member ruled there was not enough evidence to show it was necessary to limit a human right and ban men outright from travelling with her company. VOHRC commissioner Dr Helen Szoke said "What needs to be understood is that exceptions and exemptions under the Equal Opportunity Act exist to try to promote equality...[s]o where it's felt that groups who are disadvantaged or marginalised that need a special measure to help them achieve equality, that's when the equality should take place." Dr Szoke says women-only gyms are a separate issue - one which primarily comes down to safety.

Australia apologises to child migrants

The Australian reports that by some estimates, there are, or were, more than 500,000 state wards, orphans, child migrants and other children reared in state and church-run institutions throughout the 20th century. The punishments in Australian homes and institutions were particularly cruel, and there was sexual abuse. About 900 of them gathered yesterday in the Great Hall of Parliament House in Canberra, to sit and listen, to cheer and applaud as Kevin Rudd and Malcolm Turnbull offered them an apology for their suffering. The Australian points out that it is important to remember that yesterday's apology was specifically aimed at children reared in a network of state and church-run homes most of which had closed by the late 70s and that there are no national standards for the care of about 35,000 children still in state care. The Create Foundation, formed in 1993, held a summit in February with some of these children, and found a range of problems still existed, including "neglect of basic needs". The New Zealand Herald reports that Social Development Minister Paula Bennett said the children's situation in New Zealand was very different and the Canadian Press reports that an apology on behalf of Canada to the children shipped from Britain is not likely to be forthcoming.

US set to open new Afghan prison

Officials unveiled a new $60 million detention facility at the main U.S. air base in Afghanistan and promised greater transparency at a prison where Afghans have long suspected hundreds of their countrymen are being held for dubious reasons. The new prison and the pledge to open the inmate review process come as the Department of Defense worries that abuses and militant recruiting within Afghan prisons are helping strengthen the Taliban. Administrative hearings in which inmates are assessed for their readiness to be released will be made public and inmates will generally appear before a military tribunal every six months and argue for their release with the help of counsel appointed by the military. The hearings will be open to outsiders, including nonprofit groups and journalists. However the facility has come under criticism from human rights groups. "It's actually still very similar to what prisoners were offered in Guantanamo," said Rachel Reid, Afghanistan researcher for Human Rights Watch. "Inmates are still not allowed a lawyer, and have to rely on a military representative appointed to them." The Examiner claims that the facility will be given a "veneer of civility in an attempt to sort out what is seen by the international community as the most egregious breaches of human rights".

EU ignores Turkmen rights abuse in favour of seeking gas

An international human rights watchdog on Tuesday accused the European Union of ignoring rights abuses in energy-rich Turkmenistan in the hopes of securing future natural gas supplies. British-based Global Witness said the EU is misguided in pinning its hopes on Turkmenistan as a potential alternative gas supplier to Russia, which currently provides Europe with about one-fourth of its gas needs. "There is a risk that the Turkmen regime is learning to play to Europe's need for 'progress' on human rights by making small cosmetic reforms that could be reversed in the future," the Global Witness report ‘All that Gas?' said. Rights groups have said violations are thought to be common in the authoritarian former Soviet republic, but confirming reports is nearly impossible due to tight controls over information. Turkmen authorities have never acknowledged any human rights concerns in their country and rarely respond to international criticism.

16 November 2009

USA to join ICC as an observer

The United States has agreed to participate, as an observer, in a meeting of state parties to the International Criminal Court. The news emerged from a press conference in Nairobi, Kenya with the U.S. Ambassador at Large for War Crimes Issues, Stephen Rapp, saying that "Our government has now made the decision that Americans will return to engagement at the ICC." He added that this was consistent with a shift towards greater engagement that started in 2005. However Rapp also commented that the question of whether the US would move forwards on ratification is still many years away.

The ICC Assembly of States Parties, which oversees court administration, will meet in The Hague for nine days beginning November 18, 2009. The ICC made important progress this year, including the start of its first trial (of the Congolese militia leader Thomas Lubanga Dyilo, on January 2), Human Rights Watch said. But the court faces significant challenges, including outstanding arrest warrants in three of the four countries in which it has investigations and efforts to undermine the court by allies of President Omar al-Bashir of Sudan, who is being sought for crimes against humanity in Darfur.

3 November 2009: Damning Report on Indonesia Detention Conditions Released

A scathing Independent report, Behind Australian Doors: Examining the Conditions of Detention of Asylum Seekers in Indonesia, was released today.  The report is highly topical in light of the recent standoff between the Australian and Indonesian governments and a boat of asylum seekers from Sri Lanka, and the Rudd Government’s decision to expand the Christmas Island Detention Centre.  The Australian Government will need to think twice about sending asylum seekers to Indonesia, given the appalling conditions unearthed in the report.

Jessie Taylor, former Castan Centre Global Intern and Monash graduate, travelled to Indonesia with documentary film maker David Schmidt to examine the “warehousing” of asylum seekers in Indonesia that has until recently been a little-discussed topic.  She met with over 250 asylum seekers, including families and unaccompanied children, housed in prisons, detention centres and other compounds across Indonesia.

The report highlighted the poor conditions experienced by many of the asylum seekers, noting cramped conditions, grossly inadequate hygiene and sanitation, inappropriate and inadequate food, lack of medical care and education and unclean water.  The report brings to the forefront the harsh realities of immigration detention, particularly for the many children and unaccompanied minors in limbo in Indonesia.

The report recommends a two step solution to the problem. First, it recommends a fair and controlled assessment and resettlement process directly from Indonesia to Australia for the asylum seekers who are deemed by UNHCR to be refugees.  Second it recommends Australia slightly increase its resettlement intake (last year Australia resettled 35 people from Indonesia) to accommodate this plan.

A copy of Behind Australian Doors: Examining the Conditions of Detention of Asylum Seekers in Indonesia can be downloaded here [pdf].

A copy of the accompanying press release can be downloaded here [pdf].

30 October 2009: The International Outcry over Guinea's Massacre is Gathering Pace

Three weeks ago, Guinea’s military government announced that it was setting up an “independent inquiry” to look into September’s massacre of anti-government protesters, and three ministers have since resigned, but the international community continues to move against the regime.  Economic Community of West African States (ECOWAS) has called for an independent body to ensure free and fair elections, the UN Security Council has announced an international commission of inquiry, and the International Criminal Court has launched preliminary investigations into the massacre.  The US and the African Union have imposed travel bans on some of the junta’s senior members, and the EU has gone further, imposing arms sanctions on top of a travel ban.  The EU’s ban is perhaps the most prescient, given that military vehicles supplied by a UK company were used in the massacre.

A 10-day Human Rights Watch research mission to Guinea has revealed fresh details of the September 28 massacre at a stadium in the country’s capital, Conackry, where the government’s elite “red berets” broke up a huge protest rally by indiscriminately firing into the large crowd, raping women and forcing a mass stampede.  When the troops ran out of bullets, they started killing with their bayonets.  By the time the massacre was over, “at least” 150 people had been killed. 

Further arrests occurred on 28 October as protesters conducted a hunger strike to commemorate the one month anniversary of the massacre.  A number of victims have also banded together to take legal action against the junta and are being assisted by French lawyers as they look for an appropriate forum. They are worried that the Guinean courts would not be able to handle the case.

The Guardian warns that things could turn worse in Guinea, pointing out that most of the victims were from a predominantly Muslim ethnic group, while most of the soldiers were from predominantly Christian and animist ethnic groups.

Liberian journalist Tewroh-Wehtoe Sungbeh upbraided Liberia’s President for her failure to condemn the massacre and called on the perpetrators to be prosecuted by the ICC.  Sierra Leonian journalist Ibrahim Mansaray welcomed the ICC investigation and criticised ECOWAS for its soft approach in appointing the undemocratic President of Burkina Faso to mediate the crisis in Guinea.  In contrast, the New York Times congratulated President Obama for criticising the junta and sending an envoy to push the point home in a country where Obama appears to have strong public support. 

Special Report: Human Rights Consultation Committee Recommends a Human Rights Act for Australia

Late last week, human rights in Australia turned a new page with the release of the National Human Rights Consultation Committee's report.  Following the overwhelming public support for human rights legislation (including 35 014 written responses, 87.4% of which  were in favour of a human rights act), and the most extensive human rights consultation of its kind in this country, the report called for the enactment of a comprehensive human rights act within Australia.  

However, the report has faced mixed receptions throughout Australia, with both criticism, and praise reflected in the Australian print media.  For example, the Law Council of Australia and the former liberal Prime Minister Malcolm Fraser have publicly supported the call for a national human rights charter while the Australian Christian lobby and former Prime Minister John Howard argued to the contrary.

On October 9^th The Age reported that under the new charter,  ‘politicians would have the final say on whether individual human rights could be overridden', with the charter allowing individuals to take the Federal Government and other ‘federal public authorities' to court if their human rights were violated.   

The report recommends that most of the rights protected by the International Covenant of Civil and Political Rights be similarly protected by the proposed act.  It also recommends that six of the rights, including the right to life and freedom from torture be ‘non-derogable', meaning that the government cannot limit them for any reason at any time.

While the recommendations have received support from a broad range of social groups, organisations and individuals, criticism of the proposed human rights act have been the highlight of most of the print media coverage with reporters/editorialists from the The Australian leading the charge.  

On October 10^th, Paul Kelly of The Australian claimed that there was no public demand for a human rights act, and that the report merely ‘testifies to the blind utopianism of the human rights cause'.  Mr Kelly further noted that should the report be implemented, decisions made by public servants affecting individuals will be governed by ‘a new set of human rights guarantees', and an error of law will pave the way for damages,  ‘changing the basis of Australian Governance'. Mr Kelly also highlighted criticisms that ‘the charter will erode government service delivery, engulf public servants in a wave of damages claims and contribute to a blowout in government spending on legal services'. The opposition spokesman on legal affairs, George Brandis was quoted by Mr Kelly as saying that the report was "the ultimate triumph of the elites".  Mr Brandis argued that the proposed model would give the courts the ultimate say for all practical political purposes.  

The managing director of the Australian Christian Lobby, Jim Wallace, has further questioned whether the Consultation findings reflected the mood within Australia and has called for the government to dismiss the recommendations for the charter, arguing they ‘have almost unanimously been used to promote minority agendas'. 

Criticising the likelihood that such a recommendation would ever be implemented, Andrew Potts from the Star Observer argues that the report provides the Rudd Government with the perfect excuse not to implement anything concrete.  Mr Potts quoted the inquiry chair Frank Brennan in saying "enormous practical problems" would prevent the High Court from taking on their expanded role and that this provides the Rudd Government with the impetus to place the human rights act in the ‘too hard basket'.

Yet in light of such criticisms, Amnesty International has continued its support for a human rights act stating it is necessary to guarantee national, uniform legal protection of the human in Australia and to uphold our international obligations.  Gay rights groups have also welcomed calls to establish a human rights act, applauding recommendations made in the report.  Australian Coalition for Equality spokesman Corey Irlam hailed the report, containing 31 recommendations, as a "strong" starting point for discussion with the Federal Government on ways to strengthen the rights of GLBTI Australians.

Frank Brennan has also generally continued to promote the findings of the recommendation in the hope that the report provides a real stimulus to enhanced human rights protection in Australia and ensure Australia continues to move forward in the protection and promotion of human rights.  While The Australian reports that Mr Brennan has in the past few days retreated from some of the recommendations of the report, Mr Brennan is still encouraging the next stage of the debate to begin within parliament and stated that "The Australian community's fabulous response to this Consultation suggests that the time is right for our elected leaders to take new steps to protect and promote human rights." 

15 October 2009

UN Human Rights Council to decide on Goldstone Report

The United Nations Human Rights Council will meet this week to discuss whether to implement the recommendations of a report regarding the December 2008 Gaza war which left 1,400 Palestinians and 13 Israelis dead. The controversial report headed by former war crimes prosecutor Richard Goldstone concluded that both Israeli and Palestinian officials should be referred to the International Criminal Court if they failed to carry out comprehensive investigations regarding the three week war within the next 6 months.

The United Nations High Commissioner for Human Rights Navanethem Pillay has endorsed the report and agrees with its calls for "urgent action to counter impunity."

Call to discuss human rights abuses in Iran

The US Commission on International Religious Freedom (USCIRF) has urged US Secretary of State Hillary Clinton to discuss the oppression of religious rights in Iran. The call comes after the Iranian government took steps to pass a revised penal call which entrenches extremely severe penalties for conversion from Islam. In addition, Iranian Nobel Peace Prize recipient Shirin Ebadi has called on President Obama ‘to consider human rights as much as nuclear weapons when he negotiates with the Iranian regime'. Referring specifically to the hundreds of arrests made by the regime following recent post election protests, Ms Ebadi has stated that she ‘merely wants the system to represent the people', stressing that ‘economic sanctions won't change the behaviour of the Iranian regime...and would only make life harder for Iranians'.

Tamil asylum seekers begin hunger strike

253 Sri Lankan Tamil asylum seekers have begun a hunger strike in protest to the Australian government's refusal to resettle them either in Australia or a third country. The asylum seekers, who refuse to leave their boat, do not want to be processed in Indonesia where detention centres are at capacity, and where they are likely to be stranded for months before their claims are processed.

Other News

Whilst homosexuality is already illegal in Uganda, MP David Bahati has introduced a new ‘Anti-homosexuality Bill' calling for harsher penalties for ‘aggravated homosexuality'. The Bill creates a new offence of homosexual sex with disabled, under 18 or HIV positive people warranting the death penalty. 

The Human Rights Ministry of Iraq has released figures stating that over 85,000 Iraqis have been killed, and 147,000 injured in war-related violence between 2004-08. However, a ‘cluster study' published in the Lancet which has attracted controversy puts figures much higher stating that 601,027 Iraqis had died due to violence.

Kenneth Roth, executive director of Human Rights Watch, has called on the Indian Government to ‘recognise ‘caste' as a form of discrimination'. The call comes after the UN Human Rights Council expressed the proposal