Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Saturday, 4 April 2015

Campaign # derechos365

Ana Isabel

I found this project just recently, I'd love to share with you:

I find it interesting to know the opinion of people in relation to human rights using a social network is a tool that most people use is a broadcast medium that allows us to reach different parts of the world. Besides being a window to the world, is to give voice to people, it's a place to share, and even to make visible the opinions of people even know what is being done right now in the world directly from those involved. It can even be a source of information for developing action plans for the future. Investigating, I've even found very interesting videos on this project.

What do you think of this project? Can have an impact and make a difference?

Tuesday, 23 July 2013

THE MASK WE WEAR

                         


Daily we acquaint ourselves with people of different  colors , sizes and cultures . Out of many , whom we  come across ,only few are able to retain themselves in our mind and then eventually in our hearts .

‘Masking‘.  The act of concealing or disguising.  Amongst the many evolutionary /revolutionary changes man has undergone, nothing more than the simple act of disguise has ,been honed . It is perhaps our chanting mechanism. The face we present to the world is rarely our real face .

Coded by the masks people put on , we often associate ourselves with the wrong people and thus for the rest of our lives we keep seeking  for “that particular person  “ who inspired us . With whom the world seemed a joyous celebration.
.
So the question is. How do we know who is  worth entrusting our emotions in ? Who actually respects us and who is sabotaging our emotional availability?

There are many situations where  the act of masking is dropped off .  It is often in the presence of non persons . “ Non person “ according to the book “ Body language “ by Julius Fast are “ people not worth concerning ourselves about “ . In other words people such as our parents , siblings , children and especially the help around the house ( maids, drivers , cook , washing lady etc ).

 “If you want to know what a man's like, take a good look at how he treats his inferiors, not his equals.”
― J.K. Rowling, Harry Potter and the Goblet of Fire

A clever  yet simple  quote from the famous Harry Potter  aptly illustrates the  phenomena of judging people for who they truly  are .
Masking is somewhat necessary , and is decreed by the society  we reside in . Nevertheless , at proper times the mask should be dropped  , it is obligatory to do so if one wants to develop healthy , functional relationships .
Paradoxically, the big problem is that after wearing a mask for almost a life time ,some of us are unable to easily drop it which ultimately not only harms ourselves but the people around us as well .

Despite our utmost attempts to conceal our true selves , our  body language transmits enough signals to scream out to people , who we really are and what to expect  us . In my opinion people hardly change, the things we become oblivious to about a person  initially , eventually become apparent over the passage of time .

                                                                                                     By : Mariam Samuel

                                                                                                                         


Monday, 19 November 2012

Justice Access Is Human Right - Women in Poverty Challenges -


Sourced from here

 

 
 
In her report the Special Rapporteur on Extreme Poverty highlights the particular problems faced by women in seeking justice and formal legal redress.
 
JUSTICE ACCESS IS HUMAN RIGHT FOR ALL, INCLUDING THOSE IN EXTREME POVERTY - WOMEN - UN SR POVERTY

NEW YORK (5 November 2012) – “Access to justice is a human right in itself, and essential for tackling
 the root causes of poverty” said today the United Nations Special Rapporteur on extreme poverty, 
Magdalena Sepúlveda, in her report to the UN General Assembly*. “Without access to justice, people 
living in poverty are unable to claim their rights, or challenge crimes, abuses or violations committed against 
them, trapping them in a vicious circle of impunity, deprivation and exclusion.”

The UN expert emphasized the many obstacles faced by those living in poverty in seeking legal redress 
through the formal judicial system. They include a lack of financial resources and awareness of legal rights;
fear of reprisal or further stigmatization; and inadequate capacity of the judicial system (often resulting in 
under-prioritization of cases and the imposition of unaffordable fees). These obstacles are compounded by 
deeply entrenched societal prejudices and stereotypes against the poor.

“There are a number of worrying trends impeding those living in poverty from enjoying the same rights 
as others in accessing justice” said Ms. Sepúlveda. In her report she highlights the particular problems
 faced by women in seeking formal redress. “Inadequate legal frameworks fail to recognise the financial 
impediments they often suffer as well as social and cultural constraints which may prevent them from 
speaking out against abuses or seeking justice” said the UN expert.

She also notes that “the provision of free and competent legal advice and assistance to those who are 
otherwise unable to afford it is a fundamental prerequisite for ensuring that all individuals have fair and 
equal access to judicial and adjudicatory mechanisms”. Ms. Sepúlveda highlighted the need for States 
“to ensure that free legal aid is provided in both civil and criminal cases where the rights and interests 
of persons living in poverty are at stake”.

While the world continues to suffer the consequences of the global financial crisis, with persons living 
in poverty enduring the most devastating impacts, the Special Rapporteur opened her statement today 
by welcoming the adoption of the Guiding Principles on extreme poverty and human rights (see below) 
by the UN Human Rights Council in September 2012.

“This is a small but significant step forward,” the expert said. These Principles could play a key role in 
protecting and empowering those who are hit hardest by the global economic crisis, by tackling obstacles 
which obstruct their enjoyment of rights, including access to justice.”

“The Guiding Principles provide the first global policy guidelines applying States’ human rights obligations 
to the specific situation of people living in poverty,” said Ms. Sepúlveda. “This is a practical tool for 
policy-makers to ensure that public policies (including poverty eradication efforts) reach persons living in 
poverty and respect and uphold all their rights.”

The independent human rights expert called upon the UN General Assembly to endorse the Principles 
and take concrete measures to ensure their widest dissemination and implementation at the domestic level.

Magdalena Sepúlveda (Chile) was appointed as the Special Rapporteur on extreme poverty and human 
rights in May 2008 by the United Nations Human Rights Council. She is independent from any government 
or organization. 

Friday, 9 November 2012

Court declares Police Act on female officers’ marriage illegal

On May 17, 2012 · In News
12:33 am
 4
BY INNOCENT ANABA
LAGOS — The provision of the Police Act, which prohibits a female officer from marrying a man of her choice without the permission of the Commissioner of Police in the command where she is serving, has been declared illegal and unconstitutional by a Federal High Court in Ikeja, Lagos.
Trial judge, Justice Steven Adah, rejected the arguments of the Attorney-General of the Federation and held that Regulation 124 was illegal, null and void due to its inconsistency with Section 42 of the 1999 Constitution.
The court declared the Regulation unconstitutional and proceeded to annul pursuant to Section 1(3) of the Constitution.
Women Empowerment and Legal Aid Initiative, WELA, had brought the suit, challenging the constitutional validity of the said Regulation 124.
The said Regulation states: “A woman police officer who is desirous of marrying must first apply in writing to the Commissioner of Police for the state command in which she is serving, requesting permission to marry and giving name, address and occupation of the person she intends to marry. Permission will be granted for the marriage if the intended husband is of good character and the woman police officer has served in the force for a period of not less than three years.”
WELA counsel had arguing that it was illegal to ban a woman police officer for three years before entering into a marriage and that seeking permission of a Police Commissioner was an infraction of her fundamental right to dignity and freedom of choice.
The group had contended that since a male police officer was not subjected to the same inhibitions, Regulation 124 was inconsistent with section 42 of the constitution and Article 2 of the African Charter on Human and Peoples’ Rights, which have prohibited discrimination on the basis of sex.
The group had asked the court to expunge the said Regulation from the Police Act, as it was not justifiable in a democratic state such as Nigeria, which had domesticated the African Charter on Human and Peoples Rights and ratified the  Protocol to the African Charter on Human and People Rights on the  Rights of Women in Africa and the Convention on the Elimination of all Forms of Discrimination Against Women, CEDAW..
Attorney-General of the Federation, through his counsel, had contended that the said regulation was designed to protect women police officers from falling into the hands of criminals, adding that the purpose of the law was to prevent women police officers from marrying men of bad character.
The AGF further contended that the three-year ban was meant to ensure that a woman police officer was not pregnant “during the rigorous training she must undergo after her employment.”
 

Thursday, 11 October 2012

Areas of the World Untouched by Basic Human Rights

There are some areas of the world that have fascinated me for all the wrong reasons. Here in the UK, I have access to consistent healthcare, I can choose to do what I want with my body, and I am entitled to educate myself. Unfortunately, there are areas of the world where women are not afforded the same rights as myself. Although there are more areas of oppression than there are of freedom, one is particularly horrific for women around the world: The Democratic Republic of the Congo.

Despite its somewhat promising name, the DRC has become known as the most dangerous place for a woman in the world to live. For every five minutes that passes, four rapes will occur. One of the major factors influencing a woman’s health outcomes in the DRC is the sexual and gender based violence that occurs there. In 2005, The WHO tried to gather information on the injuries sustained by women in the DRC who had suffered from SGBV. Focus was placed on fistulas, which are often sustained as a result of mass rape. Although some information was gathered, the WHO believe that there was multiple missed opportunities to obtain accuracy. Women in the DRC tend to report violence to a variety of bodies, ranging from police officers to tribal leaders. Without accurate information, a targeted approach cannot be taken.

The end result of mass SGBV is devastating. Physical implications include unwanted pregnancies, STDs, AIDS, and fistulas. Women will also experience psychological traumas, and those who are made to give birth to children of rape may reject their babies.

In order to deal with the aftereffects of SGBV in the eastern areas of the DRC, the delivery of healthcare needs to be assessed. Women who become victims often cannot access the care services they need. Expanding these services and training local health care workers will aid in their recovery. Agencies working together can also contribute towards resolving the situation. Although it is worth noting that both the UN and WHO are working towards preventing SGBV and treating the aftereffects, crimes continue to be perpetuated across the eastern parts of the DRC. Empowering women on a national and global scale would allow them to gain enough control to prevent such atrocities, and it would establish a sense of mutual respect between both sexes. Ultimately, issues of war need to be addressed, but guaranteeing basic human rights is something that cannot be ignored.


By Laura McKeever

Thursday, 30 August 2012

Human Rights in a glimpse



The very genuine philosophy of Human Rights comprises the idea of protecting human being from misuse or abuse of authority power. It can be defined as a set of norms, standards, principles established with the main purpose of granting human beings certain entitlements that can not be denied, renounced neither by force not by choice and are inclinable, inalienable and non abolishable.

Human Rights are granted to people as a condition of being human beings; no other requirement needs to be met. They are meant to be “universal, indivisible, interdependent and interrelated”#. Its universal characteristic moves away from the political concept of citizen given by nation-states and its acceptance by nearly every state has proven them to constitute “a moral community of mankind”# transposing the frontiers of any type of political and social systems. Hence, human rights are acknowledged as one of the pillars of international system along with peace, democracy and rule of law#, and thus, it is found in any discourse on international matters.
“Human Rights” are meant to provide individuals and collectivity with a set of rules from which they have entitlements needed for a life with dignity. Their abstract nature has to be concretised through actions, policies and strategies from the primary responsible for their protection: the States. Sure then, the State holds the primary responsibility for Human Rights’ implementation, protection, respect and enforcement.

The State as a duty bearer possesses three main obligations: the duty to respect, to protect, and to fulfill the rights granted to human beings. The respect entails a negative behavior of refraining from interfering with the enjoyment of the right; the protection requires a positive behavior of enacting laws that institute mechanisms to prevent such violations by authorities in official capacity or non-state actors from occurring and if occurs, mechanisms of retribution (punitive and preventive), and the fulfillment likewise calls for active behavior to build an infrastructure placing institutions, elaborating procedures and allocating resources to enable people to enjoy their rights in full.

They are enshrined in international (for instance, Convention on the Rights of Child), regional (for instance, The African Charter on Human and people’s Rights) and national (for instance, national constitutions) human rights instruments.

In short, the systems of human rights protection can be described in three perspectives: national, regional and international.

At national level, the fundamental freedoms# and guarantees, typically, are given by pieces of national legislation. Mostly, due to their importance they are laid down on states’ constitutions once they are considered the keystone of any State.  

At regional level, regional intergovernmental organisations have come together in order to establish human rights binding instruments equipped with reporting and monitoring mechanisms for their specific regions#. The focal idea is to promote and to strengthen human rights protection and respect. The existing regional systems work concomitant with United Nations (UN) International Human Rights System. They mutually reinforce one another once as the States belong to both systems they have obligations and duties deriving from multiple sources of human rights instruments. Human Rights Protection counts at regional level with three structured and functioning systems: one for Europe, one for Africa and one for the Americas.

At international level, Human Rights protection mechanism is represented by “UN System” that carries out its functions based on charter-based bodies and treaty-based bodies and under the secretariat support and assistance of the Office of the High Commissioner for Human rights.

All systems at the different levels are integrated, sharing a common objective: the protection, promotion and respect for human rights. They are committed to advocacy, strengthening and continual improvement and development of human rights laws, mechanisms of enforcement and dissemination of human rights values.


By Giselle Pinheiro Arcoverde.

Friday, 20 July 2012

[headlines] USA: Police practices fuel HIV epidemic

Sex Workers at Risk From Condom Policy
July 19, 2012 -- Police in New York, Los Angeles, Washington, DC, and San Francisco are confiscating condoms from sex workers and transgender women, undermining health department campaigns to reduce HIV, Human Rights Watch said in a report released today.

The 112-page report, “Sex Workers at Risk: Condoms as Evidence of Prostitution in Four US Cities,” documented in each city how police and prosecutors use condoms to support prostitution charges. The practice makes sex workers and transgender women reluctant to carry condoms for fear of arrest, causes them to engage in sex without protection, and puts them at risk of HIV and other sexually transmitted diseases. The report was released prior to the 19th International AIDS Conference, in Washington, DC, starting on July 22, 2012. The US response to the epidemic will be in the spotlight before 20,000 delegates gathered from around the world. The four cities investigated are among the hardest-hit in the US, with over 200,000 people living with HIV among them.

“Sex workers in each city asked us how many condoms it was legal to carry,” said Megan McLemore, senior health researcher at Human Rights Watch. “One woman in Los Angeles told us she was afraid to carry condoms with her and sometimes had to use a plastic bag instead of a condom with clients to try to protect herself from HIV.”


Human Rights Watch interviewed more than 300 people for the report, including 200 current and former sex workers as well as outreach workers, advocates, prosecutors, public defenders, police, and health department officials.

The report includes testimony from sex workers and transgender women who said that police harass, threaten, and arrest them for carrying condoms. In New York, Los Angeles, and San Francisco, prosecutors introduce condoms into evidence at trial, asking courts to consider them indicators of criminal activity. For immigrants, arrest for prostitution can mean detention or removal from the United States. Some women told Human Rights Watch that they continued to carry condoms despite the potentially harsh consequences, but many did not.
One sex worker in Washington, DC, said, “Police always ask ‘why do you have so many condoms?’ No one walks around with a lot of condoms because of it.”

New York, Los Angeles, Washington, DC, and San Francisco have reported high rates of HIV among sex workers and transgender women, and targeted HIV prevention among these groups as an urgent priority. The US government provides millions of dollars to each of these cities to prevent HIV among groups at high risk, including sex workers and transgender women. Yetsex workers told Human Rights Watch that they turned down offers of condoms from outreach workers.

“These cities gave out 50 million condoms last year,” McLemore said. “But the police are taking them out of the hands of those who need them the most.” Police and prosecutors defended the use of condoms as evidence, saying that the practice was necessary to enforce anti-prostitution laws and that condoms are one tool that helps obtain convictions against prostitutes, their clients, and those involved in sex trafficking.
But law enforcement efforts should not interfere with the right of anyone, including sex workers, to protect their health, Human Rights Watch said. State or city governments should ban the use of condoms as evidence of prostitution. A bill proposing this ban recently failed to pass in the New York State legislature.

Barring the use of specific types of evidence in criminal proceedings is not uncommon where there are competing public interests. For example, in each city addressed in the report, clean needles are available for drug users to reduce HIV and hepatitis C infection, and municipal law enforcement and public health officers collaborate to ensure programs can reach those most at risk. In all 50 states, “rape shield” laws forbid the use of a victim’s sexual history in court, even if it has probative value in a given case, because the harm generally in admitting such evidence is simply too great.

“In legal systems everywhere, evidence is excluded because it is judged to do more harm than good,” McLemore said. “Eliminating HIV infections is a national priority and ensuring the availability of condoms among those at highest risk is critical.”

Human Rights Watch found that police stops and searches for condoms are often a result of profiling, targeting suspected offenders for the way they look, what they are wearing, and where they are standing, rather than on the basis of any observed illegal activity.

In New York, Washington, DC, and Los Angeles, many people, particularly members of the transgender community, told Human Rights Watch they had been stopped and searched for condoms while walking home from school, going to the grocery store, or waiting for the bus. Broad loitering laws in these cities invite profiling and discrimination and should be reformed or repealed, Human Rights Watch said.

Sex workers in New York, Washington, DC, and Los Angeles also described abusive and unlawful police behavior. Police sometimes subjected transgender women to vulgar insults, mockery, and disrespect. Transgender women described being “defaced” by police who removed their wigs and other clothing, in one case throwing it to the ground and stepping on it. In New York and Los Angeles, women reported that some police had demanded sex in exchange for dropping charges.

Few of these women filed complaints, both for fear of further abuse and because they had no faith that police would respond with fairness and integrity. The US Department of Justice should investigate police treatment of sex workers and transgender people in New York, Los Angeles, and Washington, DC, Human Rights Watch said.

The report also called for local, state, and federal leadership to stop the use of condoms as evidence of prostitution. The Obama administration has highlighted the need to reduce HIV among women and girls, a goal that remains out of reach for many sex workers and transgender women.

“The AIDS Conference is a perfect opportunity for Washington, DC, and the other cities to announce their intention to end the use of condoms as evidence of prostitution,” McLemore said. “Criminalizing HIV prevention undermines human rights and endangers the public health.”
Human Rights Watch Press release

Tuesday, 12 June 2012

Stepping up the fight against child labour


Press release | 11 June 2012
GENEVA (ILO News) – A large gap remains between the ratification of Conventions on child labour and the actions countries take to deal with the problem, the International Labour Organization (ILO) said in a report marking the tenth anniversary of the annual World Day Against Child Labour.

“There is no room for complacency when 215 million children are still labouring to survive and more than half of these are exposed to the worst forms of child labour, including slavery and involvement in armed conflict. We cannot allow the eradication of child labour to slip down the development agenda – all countries should be striving to achieve this target, individually and collectively,” said ILO Director-General Juan Somavia.

New estimates released on 1 June showed that some 5 million children are caught in forced labour, which includes conditions such as commercial sexual exploitation and debt bondage – and this is thought to be an underestimate.

The ILO’s child labour Conventions 138 concerning the Minimum Age for Admission to Employment and 182 on the Worst Forms of Child Labour are among the most widely ratified of all the ILO Conventions. Of the ILO’s 185 member States, 88 per cent have ratified the first and 95.1 per cent the latter. The goal is universal ratification by 2015.

There is no room for complacency when 215 million children are still labouring to survive (...)”
Juan Somavia
However, according to a new report entitled, Tackling child labour: From commitment to action, progress in reducing child labour has often been outweighed by a failure to translate commitments into practice.

The largest gap between commitment and action is in the informal economy, where the majority of violations of fundamental labour rights occur, the report says. Children in rural and agricultural areas, as well as children of migrant workers and indigenous peoples, are most vulnerable to being caught in child labour.

The ILO also indicates that relatively few cases against child labour reach national courts of law. Sanctions for violations are often too weak to be effective deterrents against the exploitation of children. This means national judicial and law enforcement institutions along with victim protection programmes need to be strengthened.

While much more needs to be done, the ILO paper recognizes the important progress being made in a number of countries to improve law and practice. This includes:

  • A growing list of countries establishing national plans to tackle child labour.
  • Many new legislative prohibitions that aim identify and prevent hazardous work by children.
  • More legislation being adopted against child prostitution and child pornography.
  • A marked increase in international cooperation and mutual assistance among member States, particularly on issues concerning trafficking.
“We should also build on national policies and programmes that are in place and learn from them to ensure effective action against child labour in all parts of the world,” said the ILO Director-General. He added: “Decent work for parents, and education for children are indispensable elements of strategies for the elimination of child labour. Let us redouble our efforts and move forward with the Roadmap adopted in The Hague in 2010 to eliminate the worst forms of child labour by 2016.”

The ILO’s Conventions seek to protect children from exposure to child labour. Together with other international instruments relating to children’s, workers’ and human rights they provide an important framework for legislation, policies and actions against child labour.

Monday, 16 April 2012

EU funds project on human rights classes

ANKARA - Hürriyet Daily News
April/13/2012

The Education Ministry has launched a project to raise awareness among students about democratic citizenship and human rights in cooperation with the European Union, which allocated 9.1 million euros for the effort.

Under the project, the authorities will review the school curriculum to put a stronger emphasis on human rights, organize meetings with parents and start initiatives to boost democratic culture in schools. The project will be implemented in 20 pilot schools in 10 provinces, including Istanbul, Mardin and Hatay.

Speaking at a gathering on the occasion yesterday, Education Minister Ömer Dinçer said the overhaul of the curriculum would be an “important step toward strengthening human rights, democracy and equal opportunity for men and women.”

EU Ambassador Jean-Maurice Ripert said the budget allocated for the project was one of the largest in Europe in this realm. “Teaching democracy and human rights in school is an important part of creating a democratic society,” he said.

In a separate development, the Education Ministry Undersecretary Emin Zararsız said yesterday that the next school year was set for a challenging start after the controversial education reform passed through Parliament last month.

The authorities, he said, are rushing against time to determine how many children will be enrolled in first grade and ensure that there will be enough classrooms.

Zararsız said the “most important and urgent problem” was the uncertainty surrounding the number of first-graders the law would produce. The reform reduced the school-starting age from 72 to 60 months but officials have yet to decide the details.

“The minister has indicated that children aged between 60 to 66-67 months could be enrolled with their parents’ consent, and that those between 67-68 to 72 will be definitely enrolled,” Zararsız said, adding that “no final decision has been made.” If all are enrolled, there will be 1,250,000 new students, he said.

Zararsız also said separating primary and middle schools would be impossible in small settlements which lack multiple school buildings. The ministry plans two-shift education in small places, with middle school students attending classes in the morning, and primary school students having classes in the afternoon, he said.

Zararsız said the Cabinet held the option of postponing the introduction of the new system by one year, but preparations were being made to have it in place for the 2012-2013 school year.
Source: http://www.hurriyetdailynews.com/PrintNews.aspx?PageID=383&NID=18321

Monday, 9 April 2012

Whitewash in Virginity Tests Trial, says Human Rights Watch

(New York) April 7, 2012 – The March 11 acquittal of the only military officer charged in the “virginity tests” trial is a blow for any hopes of accountability for the abuses women have experienced at the hands of the Egyptian military over the past year, Human Rights Watch said today. The military has failed to investigate and punish credible claims of other instances of violence by its members against women, including the beating and torture of women demonstrators by military officers on March 9 and December 16, 2011.

The investigation and trial in the case, in which female protesters who had been detained testified that a military doctor subjected them to “virginity testing,” underscore the lack of independence of the military justice system in trying such cases, Human Rights Watch said. The military prosecutor summoned no witnesses for the prosecution to establish the charges under which he had referred the case to court, nor did he challenge apparently factually inconsistent testimony by defense witnesses. Despite clear statements from senior military leaders that the incident had taken place, the trial did not examine who, and at what rank, ordered the tests.

“The verdict in the ’virginity tests’ trial is just one more example of the military’s failure to punish gross abuses against women and a reminder that the military justice system lacks the fundamental independence to remedy human rights abuses by the military,” said Sarah Leah Whitson, Middle East director at Human Rights Watch.

On the afternoon of March 9, 2011, military officers destroyed a tent camp belonging to demonstrators in Tahrir Square's central garden, and arrested at least 190 demonstrators. On March 10, according to five women who gave accounts of their experiences, a military officer went into the prison cell where 17 women were being held and asked if they were married. A prison military doctor, Ahmed Adel, then conducted “virginity tests” on seven of the women who said they were not, using his fingers to examine their hymens.

Three of the women, Samira Ibrahim, Rasha Abdel Rahman, and Salwa al Hosseiny, told Human Rights Watch that a female prison warden and other soldiers were present in the corridor when the doctor conducted the “virginity tests.” Later that day, after trials lasting not more than 30 minutes, a military court sentenced all 17 of the women to suspended one-year sentences for “thuggery.” The military officers released them on March 12.

It took nine months, however, for military prosecutors to refer the case on the allegations of virginity testing to court. The only military officer charged and brought to trial was Adel, who was charged with “public indecency” and “failure to obey orders.” He was acquitted on all charges on March 11, 2012. Even though both Ibrahim and Abdel Rahman testified in court that Adel had subjected them to virginity tests, the court based its decision on the doctor’s denial and the inconsistent testimonies of two prison wardens. The military prosecutor failed to challenge the inconsistencies or to investigate anyone in the command chain who may or should have known that the tests took place and did not prevent them.

Ibrahim’s lawyer, Ahmad Hossam, told Human Rights Watch that the prosecutor also failed to summon a single witness to prove the charges he set out in his indictment referring the case to court, and that Abdel Rahman and three other witnesses for the prosecution were able to testify only by petitioning the judge. Ibrahim had testified in her capacity as the plaintiff since the case had started as a result of the complaint she had filed.

Although they initially denied that any violations had taken place in March 2011, generals of the ruling Supreme Council of the Armed Forces (SCAF) later confirmed on at least two occasions that the virginity tests had taken place on March 10 and that this was a routine practice. In an interview with Shahira Amin, a journalist, on May 27, General Ismail Etman, chief of morale affairs for the military, said that, “We didn't want them to say we had sexually assaulted or raped them, so we wanted to prove that they weren't virgins in the first place.”

On June 13, Mona Saif, founder of the No to Military Trials group, met with SCAF General Hassan al-Ruweiny, who gave her the same explanation. On June 26 Major General Abdel Fattah al-Sisi, head of military intelligence, confirmed to Amnesty International that the military had carried out the tests, as the organization published in a statement the next day. In addition, General Mohamed ‘Assar told Human Rights Watch on June 7 that conducting virginity tests was “normal practice” and that, “When any woman enters an Egyptian prison, it is a rule that she be subjected to a virginity test.”

The flawed investigation and trial of this case reflects the lack of the military prosecutor’s and military court’s independence, Human Rights Watch said. The military justice system in Egypt is a division of the Defense Ministry. The head of military justice, General Adel Morsy, reports to the SCAF and appoints all the military judges by authority vested in him by a SCAF decree.

In December Morsy said that there “was no decision in the first place to conduct virginity tests and no provision for such a procedure in the regulations of military prisons.” Given his status in the military hierarchy and his authority over the military judge in the trial, such a statement effectively prejudged certain aspects of the trial, precluding an examination of whether the military ordered the virginity tests or had a policy of carrying them out, Human Rights Watch said.

“Civilian courts, not military courts, should be in charge of prosecuting the military for their ongoing abuses against civilians,” Whitson said.

The acquittal of the military doctor reflects an ongoing pattern of the military’s failure to investigate and prosecute cases involving military violence against women. The military has not seriously investigated allegations of assault on women demonstrators on March 9, 2011, or incidents in which video footage captured groups of military police beating and kicking women on December 16, including one veiled woman who lay on the ground with her torso exposed while six military police officers beat and kicked her.

On December 19 General Adel Emara commented on the attack on the veiled woman, telling journalists: “Yes this scene actually happened and we are investigating it. We will disclose the investigation results in full. We do not want to conceal anything.” But the military has not taken the testimony of any of the women assaulted in these cases, human rights lawyers told Human Rights Watch, nor made public any of the results of their alleged investigations. An investigation into the incident by civilian prosecutors also has failed to interrogate any military officers, human rights lawyers told Human Rights Watch.

Despite the fact that military courts have issued harsh sentences, including many death sentences, in cases of rape by civilians, there appears to be a significant discrepancy in sentencing when a military officer is tried for the same crime. Human Rights Watch has been able to identify only one case in which a civilian allegedly raped by a military officer filed a criminal complaint that went to trial: the case of a 34-year-old British woman who said she was raped in a room at a checkpoint in Sinai on May 15, 2011. The military court sentenced the officer to five years in prison, which it commuted to three years in February.

Proposals to amend the Code of Military Justice should not only prohibit trying civilians before military courts but also allow for trials of military officers before civilian courts in cases of serious human rights violations.

“The military has chosen to cover up the ‘virginity tests’ just as it has failed to investigate or prosecute anyone for serious allegations about the beating of women protesters in December,” Whitson said. “Military impunity will continue as long as the military justice system is the only place victims of military abuse can file complaints.”

The Virginity Tests Trial

Failure to Investigate and Prosecute Adequately

Human rights lawyers representing Samira Ibrahim filed a complaint on June 23 at the office of the military prosecutor. The deputy chief military prosecutor summoned Ibrahim on June 28 to take her testimony. On July 10 the prosecutor summoned Adel, a 27-year-old first lieutenant and the military doctor on duty at the military prison at the time of the tests, who denied that the invasive procedure had taken place.

Ahmed Hossam, Ibrahim’s lawyer, told Human Rights Watch that over the following eight months whenever he asked about the progress of the investigation, military prosecutors told him that the results of the investigation by the military police at the prison “weren’t ready yet.” In contrast, investigations by military prosecutors of civilians can last as little as 30 minutes, and in high-profile cases three weeks, before the prosecutor refers the case to court.

It was not until December 20 that Morsy announced in a news release that the virginity tests case had been referred to trial before military courts. The prosecutor’s referral order is dated December 18. It came after hundreds of thousands of protesters took to the streets in November calling for an immediate end to military rule, and further protests on December 16, when military police were caught on video beating unarmed protesters, including several women.

Charges and Indictment

Case documents reviewed by Human Rights Watch indicate that the military prosecutor limited his investigation to interrogating Adel and did not investigate the potential responsibility of commanders for ordering procedures or indict any of the commanding officers who oversaw the arrest, detention, and trial of the 174 protesters and the detention of the 17 women in the military prison. He indicted only the prison doctor and added a second charge of “failing to obey orders” to indicate that this was an isolated act that the doctor had initiated independently.

Lawyers from the Egyptian Initiative for Personal Rights (EIPR) obtained the prosecutor’s interrogation and indictment sheets. These reports indicate that on December 13 the military prosecutor interrogated Adel and charged him with “sexual assault” [hatk‘ard] and on December 18 issued a charge sheet accusing Adel of “violating the victim Samira Ibrahim by exceeding the bounds of a medical examination and subjecting her to a virginity test and revealing her area of chastity.” [manatiq al‘iffa].On the interrogation sheet, the prosecutor stated that Adel had subjected Ibrahim to the test in full view of other people in the military prison.

Yet in the December 18 referral order, the prosecutor had reduced the charges from sexual assault to committing “an act of public indecency” and “failure to obey orders.” Hossam told Human Rights Watch that he and other lawyers had on four occasions asked the judge to amend the charges from “act of public indecency” and “failure to follow orders” to “sexual assault” (hatk‘ard). The SCAF had in March 2011 amended article 268 of the Egyptian penal code on sexual assault, increasing the penalty from hard labor to imprisonment of up to seven years and stating that “any person who violates another with the use of force or threat, or attempts to do so, shall be punished with imprisonment.” The judge refused to restore the sexual assault charge.

Witnesses and Evidence

At the trial, two women testified that Adel had subjected them to the tests and two others that SCAF generals had confirmed the incident to them.

At least four witnesses summoned by defense lawyers who said they were in the military prison that day supported the military doctor’s testimony that the tests had not taken place. They included the head of the military prison, Major Ashraf Sayed Mohamed, and the two female prison wardens, Fawziya Sobhi Hassan and Abeer Rashad Abdel Moemen. However, Abdel Moemen testified that she had not been present during the military doctor’s examination of the women, contradicting her June 9 testimony to the military prosecutor that she had been with the doctor at the time of the examination and was the only one present.

Hassan also had told the prosecutor on December 19 that she had been present during the examinations with Abdel Moemen, but on February 6 testified in court that Hassan had been the only one with the doctor. The prosecutor did not raise the issue of the inconsistent testimony during the trial nor did he cross-examine the witnesses.

Since the Code of Military Justice does not recognize the standing of the civil parties to the case, Ibrahim’s lawyers, Ahmed Hossam and Adel Ramadan, only managed to get access to the case file and permission to intervene in the case after appealing to Morsy on January 3. The lawyers contended they had a right to intervene in the proceedings on the basis of article 272 of the Code of Criminal Procedure, which allows victims the right to cross-examine witnesses. Morsy allowed them to appear as lawyers for the victim to intervene in the case, but did not allow them to file compensation claims. Morsy told Hossam that he had issued orders to allow lawyers for civilian claimants to intervene in all military trials.

Hossam and Ramadan next asked the judge to summon witnesses for the prosecution, since the military prosecutor had not summoned a single witness to establish the charges. The judge approved this request, and the lawyers brought forward four witnesses to testify on February 26.

One of the four was Rasha Abdel Rahman, who confirmed Ibrahim’s testimony. She told Human Rights Watch that when she saw him in court on February 26 she recognized the accused as the one who had subjected her to the virginity test. She told Human Rights Watch:

There was a prison warden called Azza dressed in black. I was the fifth one to be examined. They took me to a bed in the passageway. There were others there: the prison doctor, a soldier called Ibrahim, Azza the prison warden, and a man standing in the room opposite. The doctor examined me with his hand.

Cover-up, Despite the Military Leadership’s Admission

In the first three months after the incident, members of the SCAF had repeatedly denied that the virginity tests took place, including in the above statements by Generals Mohammed ‘Assar and Ismail Etman.

However, in the trial session on February 26, Shahira Amin, the journalist, testified that SCAF members had confirmed to her that the incident had taken place. In addition, Mona Saif, founder of the No To Military Trials group, testified that when their group had raised the incident in a meeting with a SCAF general, he had told them that “virginity tests” were a routine practice. Heba Morayef from Human Rights Watch also testified that a SCAF member had told her that virginity tests were a normal practice and that they were regularly conducted on all women prisoners.

Amin recounted what General Etman, chief of morale affairs for the military, told her in a telephone conversation on May 27 as she was interviewing him for a story for CNN:

The girls who were detained were not like your daughter or mine. These were girls who had camped out in tents with male protesters in Tahrir Square, and we found in the tents Molotov cocktails and (drugs)…. We didn't want them to say we had sexually assaulted or raped them, so we wanted to prove that they weren't virgins in the first place.

Saif testified that General Hassan al-Ruweiny had told her on June 13 that the tests were a routine procedure on women detainees in military prisons conducted to prevent future claims of sexual assault.

Morayef testified that she was part of a Human Rights Watch delegation who had met with Major General ‘Assar on June 7, who told the delegation:

You have to take into account the differences in culture around the world. There are Asian countries where you are offered the brain of a monkey as a guest. There are differences in cultures… When any woman enters an Egyptian prison, it is a rule that she be subjected to a virginity test… We have issued instructions that this should not take place again.

Hassiba Hadj Sahraoui at Amnesty International also told Human Rights Watch that when their delegation met Major General Abdel Fattah al-Sisi, head of military intelligence, on June 26, he confirmed to them that the military had carried out the tests in order to protect the military against possible allegations of rape.

Civilian Administrative Court Orders an End to Virginity Tests

Egyptian human rights lawyers had filed a separate case before an administrative court, asking the court to order an end to virginity tests in military prisons as a violation of human rights.

On December 27 Egypt’s administrative court, the Council of State, ruled in Samira Ibrahim’s favor in the case. Citing Egypt’s Code of Criminal Procedure, Constitutional Declaration, and Egypt’s ratification of treaties including the International Covenant on Civil and Political Rights, presiding judge Abdel Salam al-Naggar ruled that the practice of conducting virginity tests on women in detention was “targeted at humiliating women participating in demonstrations” and that they were “an illegal act and a violation of women’s rights and an assault on their dignity.” Judges in administrative courts can issue findings of law based on prima facie findings of an alleged practice when they rule a case admissible but do not make findings about specific criminal incidents.

The judge cited article 40 of the Code of Criminal Procedure, which states that every detainee must be treated with respect for human dignity and prohibits physical or psychological ill-treatment, and article 46, which states that women can only be searched with their consent. The judge also cited that articles 8, 9, and 17 of the Constitutional Declaration guarantee the right of people in detention to be treated with dignity, not to be subjected to any physical or psychological harm, and not to be detained in places other than those specified in the prisons law. He said that any violation of these rights is a crime and that the state is under an obligation to provide a just remedy to those whose rights have been violated.

Later that day, Morsy issued a news release in which he said that the decision of the administrative court was not applicable because there “was no decision in the first place to conduct virginity tests and no provision for such a procedure in the regulations of military prisons.” He said that if these tests were to take place, they would be the act of an individual, who should be punished.

The SCAF has in the past implemented court rulings by Egypt’s administrative courts, such as the Council of State judgment ordering Egypt’s executive authorities to enable Egyptians living outside Egypt to vote in the country’s November parliamentary elections.

Virginity Tests Under International Law

As party to the International Covenant on Civil and Political Rights and African Charter on Human and Peoples’ Rights, Egypt is obliged to protect women from cruel and inhuman treatment and discrimination, and to ensure their right to privacy. Coercive virginity tests violate all three of those obligations, Human Rights Watch said.

The virginity tests also violate guarantees of freedom from discrimination in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which is reflected in the March 30 Constitutional Declaration that acts as Egypt’s transitional constitution. The CEDAW Committee has previously stated that it views with the “gravest concern the practice of forced gynecological examinations of women … including of women prisoners while in custody.” The committee “emphasized that such coercive practices were degrading, discriminatory and unsafe and constituted a violation by state authorities of the bodily integrity, person and dignity of women.”

Conducting virginity tests without the informed consent of the girl or woman violates her right to bodily integrity, dignity, privacy, and equality before the law, and would amount to a sexual assault. Such assaults cannot be justified, being based on an intrinsically discriminatory presumption that an examination of female virginity can be a legitimate interest of the state. Under international law virginity tests committed in custody constitute cruel and inhuman treatment. These exams are painful, degrading, and frightening. Victims attest that being forced to undress and undergo exams is degrading both as a physical violation and for the threatened consequences, given their status as prisoners.

Impunity for Violence Against Women Demonstrators

In addition to the “virginity tests” case, the Egyptian military has failed to punish other violence against women demonstrators. The military has not investigated or punished the beating and torture of women demonstrators by military officers on March 9 and December 16, despite promises to do so.

Human Rights Watch has interviewed 16 men and women who testified to being tortured by beating, electroshocks, and whipping by military officers on March 9 in the grounds of the Egyptian Museum, adjacent to Tahrir Square. Rasha Azab, a 28-year-old journalist for Al-Fajr Weekly, told Human Rights Watch she was handcuffed to an outside wall in a museum courtyard:

They were kicking me in my stomach, hitting me with wooden sticks and slapping my face. They called me dirty names. At one point, one of them came and tied my hands even more tightly. I stood there for four hours. I saw dozens of men being dragged on the floor and whipped. All of them were the people who had stayed in the square. I heard people screaming from inside the museum, and said, “You should thank God you are not inside.”

On March 28 SCAF Statement No. 29 on the military’s official Facebook page said the military would “look into the truth of what was said recently” about “the torture of women arrested during the latest sit-in in Tahrir by military officers.”

The Egyptian Initiative for Personal Rights obtained an April 2011 military police report signed by General Hamdi Badeen, head of the military police, titled “on the March 9 arrest of demonstrations from Tahrir square” and marked “very secret.” The document states that:

During the filming of the detainees it was noted that there were bruises and abrasions on some of the men and women and they said that some of those inside the museum … and some members of the armed forces … who were inside the museum attacked them, which is what led to these bruises.

Despite this report, however, there has been no investigation by the military prosecutors into the torture of the women and men. Only the military prosecutor can summon military officers to interrogate them on such charges, and thus far, the military prosecutors have not summoned any of the victims to take their testimonies, which is the first step in any investigation.

On December 16 security forces attacked and beat female and male demonstrators who had been protesting in front of the offices of the Egyptian cabinet. At least six military police officers were caught on camera apparently beating, stomping on, and kicking a veiled woman whose clothes had been torn off, exposing her torso. In other footage, at least four military police were seen beating and kicking another woman, Azza Helal, as she lay motionless on the street with sticks. Helal, who spent over a week in hospital with serious injuries, has filed a criminal complaint with the civilian public prosecution; the other woman, whose picture was splashed across the international media, has not come forward.

General Adel Emara confirmed that this incident had taken place and told journalists: “yes this scene actually happened, and we are investigating it. We will disclose the investigation results in full. We do not want to conceal anything.” But the military has not summoned the victims to testify or formally questioned any military officers in connection with a criminal investigation of this incident.

On December 20, while a women’s march of up to 10,000 people was winding through the streets of downtown Cairo, the SCAF posted a statement on its official Facebook page:

The Supreme Council of the Armed Forces expresses its deep regret to the great women of Egypt for the infractions (tagawuzat) that occurred during the events of the Cabinet demonstrations, and affirms its respect and appreciation for the women of Egypt and their right to demonstrate and participate politically in Egypt … taking into account that all necessary legal measures have been taken to hold accountable those responsible for these infractions.

Despite this statement, there has been no “disclosure” by the military of the result of any investigation it may have conducted or whether it has ordered disciplinary measures short of a criminal investigation. The investigation into the violence during the December demonstrations at the offices of the cabinet, led by civilian prosecutors, has not included the military officers involved in the violence. Human rights lawyers Basma Zahran and Ahmad Hossam, who represent some of the women beaten and sexually abused, both confirmed to Human Rights Watch that civilian judicial authorities have not sought to identify which military officers may have been responsible for beating the women, for example by ordering a review of available video footage.

At least two of the women told the civilian investigative judge who was interrogating them in connection with the incident that they had been beaten and sexually abused by military officers. Had there been an intention to investigate, the investigative judge would have had to transfer the complaint to the military prosecution, since only the military prosecution can interrogate military officers as accused. The first step in any investigation would be for military prosecutors to summon victims in order to take their testimonies and this has yet to occur.

Discrepancy in Sentencing Civilians and Military in Cases of Rape

Human Rights Watch is aware of only one case in which a crime of rape committed by a military officer against a civilian was prosecuted and punished. The victim, a 34-year-old woman from the United Kingdom who did not wish to be identified, was in a shared taxi on May 14, 2011, in Sinai when military officers stopped the taxi at a checkpoint before al-Arish, told the woman to get out, and ordered the taxi to drive on. The woman told Human Rights Watch that the military officer had told her to go into the building at the checkpoint, where she would have to stay until morning, and that about 15 or 20 other soldiers were at the checkpoint. She said the officer led her up to a small room on the second floor. In a statement to Human Rights Watch, she wrote:

I became even more scared and stood up to leave, but he stood up and pushed me back. I knew that the other soldiers were just outside, so I screamed, “Help!”, as loudly as I could, but I think this would have only lasted for a second or two at most because he put his hand over my mouth. I struggled to get away but he was really strong. He tried to kiss me so he must have taken his hand off my mouth at some point.

I don’t remember the exact sequence of what happened next. I know that he pushed me onto the floor, because I remember being face down on the floor, twisted with my face against the wall, and him somehow on top of me. I was very scared, and shocked. He pulled my jeans down and I felt something go inside my vagina. His hand was over my face and at one point I managed to move my head so that I could say “I can’t breathe.” I thought that he might kill me at this point. I don’t remember it going in or out of me – I just remember the feeling of it inside me. I was surprised it happened so quickly. He made a noise; I think he had ejaculated.

On May 15 she reported the crime to the tourist police, who referred her to the military prosecution, where she filed a formal complaint. The woman described what happened at the military court building in Nasr City:

After a few hours of waiting I said that I wanted to go, but I was told we weren’t allowed to leave. I started asking for a lawyer because I wanted help … Once I started asking to leave, and asking for a lawyer, the military personnel present … started asking me if I was making it up, why was I changing my mind, and telling me I did not need a lawyer as I was not accused, I was the victim. I stood up to leave but the gate was blocked by army personnel holding guns. This was terrifying. I was extremely upset and kept asking to leave.

The military prosecutor eventually allowed her to leave that evening, telling her to return the following day. The next day, an officer in civilian clothes who identified himself as “detective Hani” asked her to do a “re-enactment” of the rape on the floor, showing the positions she had been in. The military officer then asked her to return the next day. When she arrived, military officials told her that they wanted her to identify her attacker from a line-up of five men, which she did.

It was only months later that her Egyptian lawyers to whom she had granted power of attorney managed to find out that an Ismailiya military court had convicted the officer of rape and sentenced him to five years in prison. However, Field Marshall Hussein Tantawy, the Defense Minister and head of the SCAF, ordered a retrial of the case, and on February 6, the court reduced the sentence to three years.

This sentence stands in marked contrast to the sentences issued by military tribunals against civilians convicted of rape, where sentences have ranged from 25 years to the death penalty. For example, in March 2011, an Ismailiya military court sentenced a 25-year-old civilian, Ismail Mohamed, to 20 years for attempted rape. On May 16 the Supreme Military Court convicted Mohamed Tarek, Karim El Sawy, Ahmed El Ashry, and Mahmoud Hassan of kidnapping and raping a woman and sentenced them to death.

Military Trials of Human Rights Abuses Lead to Impunity

The independence necessary to investigate and prosecute military abuses generally does not exist when military authorities investigate human rights violations by military personnel and prosecute them in military courts. Both the prosecution and judges should be independent of those they are investigating, including of the chain of command, Human Rights Watch said.

The Egyptian military justice system, created by Law 25 of 1966, includes courts and a prosecution section and is a division of the Defense Ministry. All military judges and prosecutors are serving members of the military, subject to the military hierarchy, selected by the head of the military justice system, and appointed by the defense minister. They have no formal independence and report to Morsy, the head of the military justice system, who reports to the defense minister, currently Tantawy, who as head of the SCAF is exercising presidential powers.

The 2005 United Nations Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity state that “the jurisdiction of military tribunals must be restricted solely to specifically military offenses committed by military personnel, to the exclusion of human rights violations, which shall come under the jurisdiction of the ordinary domestic courts.” The Inter-American system of human rights protection has opposed the use of military tribunals to try military personnel in cases of human rights violations.

In its long-term work in Mexico and Chile for example, Human Rights Watch has found that restricting jurisdiction over human rights abuses committed by military personnel to military tribunals will lead to impunity. A 2006 report by the United Nations special rapporteur on violence against women, its causes and consequences, held that after asserting jurisdiction to investigate and prosecute cases in which members of the military had raped women in southern Mexico, “rather than carrying out full and impartial investigations, military investigators have reportedly delayed criminal proceedings and tried to disprove the allegations thereby placing the burden of proof on the victim.”

In its report “The Road Ahead: A Human Rights Agenda for Egypt’s New Parliament,” Human Rights Watch identified the Code of Military Justice as one of the priorities for legislative reform to end trials of civilians before military courts and to allow civilian courts to try military officers for serious human rights abuses. It said:

The Egyptian parliament should amend the Code of Military Justice to restrict the jurisdiction of military courts to trials of only military personnel charged with offenses of an exclusively military nature; and
The Code of Military Justice should be amended to explicitly state that the public prosecutor shall be competent to investigate complaints regarding military abuse and that members of the military can be tried before civilian courts in cases of abuse and ill-treatment.

Human Rights Watch Press release

Tuesday, 21 February 2012

The National Human Rights Commission is to set up a Human Rights Institute as a specialized centre for research, training and human rights education.

Daily Trust
By Atika Balal, 20 February 2012

The National Human Rights Commission is to set up a Human Rights Institute as a specialized centre for research, training and human rights education.

The Executive Secretary of the Commission, Prof. Bem Angwe disclosed this over the weekend while receiving a delegation from the Amnesty International on an official visit to the Commission.

The Centre when fully operational, according to Prof. Angwe, will be a citadel of academic programmes in the field of human rights and related areas.

While noting that work on the proposed institute had started, Prof Angwe said the institute will support government in formulating and evolving policies that relate to the promotion and protection of human rights in Nigeria.

He called on Amnesty International to partner with the Commission in providing technical and intellectual support to the proposed institute.

Lucy Freeman, who led the team from Amnesty International, pledged to support any project by the Commission aimed at advancing the course of human rights in Nigeria.

In a related development, the Right to Know (R2K), a non-governmental organization advocating for public access to information, has called on the NHRC to take the lead in the advocacy for the implementation of the Freedom of Information Act.

Maxwel Kadiri, Associate Legal Officer, Open Society Justice Initiative (OSJI), who spoke on behalf of the R2K team, said, with adjudicating powers conferred on it under the Amendment Act, 2010, the NHRC is in the best position to ensure that the FOIA achieves its purpose.

Responding, Prof. Angwe promised to team up with the R2K to educate and enlighten Nigerians on the merits of implementing the FOIA and urged state governments to adopt the Act.


Source: http://allafrica.com/stories/201202200161.html