“We are trying to make this world a better place to live in”
by Senator Sharon Carstairs
Established in 1976, the IPU Committee on the Human Rights of Parliamentarians helps legislators to represent their constituents freely, safely and effectively. It has since examined a number of cases in over 100 countries. Canadian Senator Sharon Carstairs assumed the presidency of the IPU Committee on the Human Rights of Parliamentarians in June 2007. A teacher by profession, Senator Carstairs was the first woman to be appointed Deputy Leader of Government in the Canadian Senate in 1997.
Javed Hashmi was freed in Pakistan after serving four years in prison on politically-motivated charges. Hussam Khader, a member of the Palestinian Legislative Council, was released after six years in prison following an unfair trial, and six members of the Colombian National Congress were freed from the hands of the FARC, one of them, Oscar Lizcano, having spent more than eight years in captivity.... These are some of the cases of parliamentarians unable to exercise the parliamentary duties for which they were duly elected that were brought to a successful conclusion in the past year.
While the Committee rejoices at the resolution of these cases, it is ever mindful of the other 300 plus parliamentarians in 32 countries whose cases are before it and remained unresolved. At present, the Committee is dealing with parliamentarians who have been murdered in Sri Lanka and Lebanon; it is examining cases of parliamentarians who have disappeared in Belarus, Eritrea and Rwanda. It is unknown whether they are alive or dead. It has before it cases of parliamentarians whose mandates have been summarily revoked in Ecuador and the Democratic Republic of the Congo by courts without any due process or by members of the parliament themselves as in Afghanistan. Other parliamentarians still have been arrested in Palestine and taken to Israel where there is no information about what charges have been laid, their trials and whether fair trial guarantees are assured. There are parliamentarians who have been beaten and tortured in Zimbabwe with no investigations having taken place to arrest the perpetrators and where the burden of proof rests not with the State but with the victim.
These are but a few of the cases that the permanent five-member Committee, together with its five substitute members, works on throughout the year. The members represent the five geopolitical groups which make up the IPU. The Twelve Plus Group has two representatives, with Asia-Pacific, Africa, and Latin America making up the balance. At present, the members are from Algeria, Belgium, Canada, Mexico and the Philippines. Four of them have been cabinet ministers in their countries and all have been active members of their political parties. They were chosen first by their geopolitical group and then ratified by all delegates at a Governing Council session. They are all dedicated to doing what they can to facilitate the life of parliamentarians in their own country and others throughout the world.
Currently, one of its members, Senator Pimentel from the Philippines, provides us with the experience of a parliamentarian who himself spent time in jail on four different occasions because he was opposed to the activities of the government of the day. This first-hand experience is frequently insightful when dealing with others held under similar circumstances in countries where the rule of law is not practised in an appropriate way.
The Committee meets four times a year and each meeting results on average in about 30 hours of deliberation on the different cases. It hears from the parliamentarians themselves or their representatives and also from representatives of the parliaments of which they were or are a member. It attempts to find solutions and draft reports. Some cases remain in its confidential files. These are cases in which, the Committee believes, genuine progress towards finding a resolution is being made. Others fall under its public procedure and are presented twice a year to members of the Governing Council for their approval. It would be an exaggeration to say that the Committee enjoys its work. It would be impossible to enjoy learning the stories of fellow parliamentarians under great distress in far too many nations of this world. But it remains dedicated to its work because it knows that, in a different time or place, its own members could be experiencing similar difficulties.
I have been an active politician for 24 years. For me this is the most challenging and most important work I have ever done. I must admit that before I became a member of this Committee, the work of other parliamentarians working under far less favourable conditions than my own was not of very great concern to me. This Committee has taught me the importance of remembering that we are all part of the global community and that I have a responsibility towards my fellow human beings and more particularly, my fellow parliamentarians who are trying to do for their people what I try to do for mine - make this world a better place to live in.
The Universal Declaration of Human Rights:
Sixty years of achievements and challenges
On 10 December 1948, the Universal Declaration of Human Rights was adopted by the United Nations. As the Office of the High Commissioner for Human Rights mentions on its website, the Declaration was one of the first major achievements of the United Nations, and it remains a powerful instrument which continues to exert an enormous influence on people's lives all over the world. This issue of the IPU Quarterly Review will focus especially on human rights and the role that parliaments can and should play to defend, protect and promote human rights everywhere. The IPU actively defends human rights, particularly those of legislators, the representatives of the people. As Canadian Senator Sharon Carstairs, President of the IPU Committee on the Human Rights of Parliamentarians, said: “We are trying to make this world a better place to live in”. A seminar held at The House of Parliaments explored the achievements and challenges sixty years after the adoption of the Declaration. Other articles explain that the rights of women and of persons suffering from HIV/AIDS are far from being respected. Finally, the first International Day of Democracy stressed that there is no democracy without respect for human rights.
“No tolerance for double standards”
December 10th marks the 60th anniversary of the Universal Declaration of Human Rights. On this historic occasion, we should reaffirm the fundamental principles that its inspired group of framers articulated, which have been at the core of the mission of the United Nations. In the Universal Declaration they recalled the “disregard and contempt for human rights” that led to actions which “outraged the conscience of mankind” and they heralded the “advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want,” proclaiming this as “the highest aspiration of the common people.” Sixty years later, we reflect on the progress we have made, and it has been significant. And we must continue to strive for these freedoms.
The comprehensive vision of the Universal Declaration is a beacon of hope for the future – it contemplates a world with full realization of civil, political, economic, social and cultural rights without distinction, a world in which every man, woman and child lives in dignity, free from hunger in a world without violence and discrimination, with the benefits of housing, health care, education and opportunity. This vision represents a global culture of human rights, and it should be a unifying force, within and among all cultures.
I start from the premise that the success of human rights work depends on its commitment to truth, with no tolerance for double standards or selective application. The history of the Universal Declaration and its progeny, the Covenants and other human rights treaties that have been adopted to provide a more detailed legal framework for implementation of the rights in the Universal Declaration, clearly equate the importance of civil and political rights on the one hand and economic, social and cultural rights on the other.
The two sets of rights are indivisible and interdependent, and equally important. We must work for the full implementation of all these rights on the ground in a way that affects and improves the lives of the men, women and children who are all entitled, regardless of their race, sex, religion, nationality, property or birth, to realization of each and every right set forth in the Universal Declaration.
I want to leave you with the wisdom of the Universal Declaration of Human Rights, set forth in its first words that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” Let us pay tribute to the extraordinary achievement represented by the Universal Declaration of Human Rights by breathing more life into it and ensuring full respect for the rights of each and every one of us.
Quotable quotes:
Both my husband and our family are eternally grateful to all at the IPU for championing cases like ours. There were bleak moments but we drew strength from the IPU's tireless efforts. Thank you again. Dr. Wan Azizah, wife of Mr. Anwar Ibrahim, former Deputy Prime Minister of Malaysia I want to express my heartfelt gratitude to the IPU and salute the struggle for freedom it waged by our side during all these years of suffering.
Mr. Alpha Condé, former presidential candidate of Guinea
Mr. Secretary General, we want to thank you and through you the Inter-Parliamentary Union and the Committee on the Human Rights of Parliamentarians for all the support we received in this fight we have been undertaking for over a year. We very much appreciate the resolution adopted by the IPU in Cape Town, South Africa.
Mr. Alfredo Serrano, on behalf of 56 former members of the Parliament of Ecuador
I want to thank all of you for not forgetting me during the difficult times that thankfully now lie behind me. The efforts of the IPU during the past years were a symbol to me of the respect for my human and political rights, and the rights of thousands of Palestinian political prisoners. Especially the presence of an IPU observer at my trial, and the few words I was able to have with him, gave me personally both great comfort and sent a strong signal to the Israeli authorities. I cannot tell you enough how important this was for me during my time in prison.
Mr. Hussam Kader, member of the Palestinian Legislative Council
The Speaker of the Togolese National Assembly:
“Participatory democracy must be strengthened”
Parliamentarians have a determining role to play in promoting and protecting human rights. As legislators, it is their responsibility to incorporate into domestic law the provisions of international human rights instruments and the observations made by the various treaty bodies in charge of monitoring treaty implementation. To allow members of parliament to fully play this role, the IPU has launched a project for parliamentarians from French-speaking African countries. It is intended to promote parliamentary participation and involvement in the work of the human rights treaty bodies. At the project's mid-way review point, the Speaker of the National Assembly of Togo, Mr. El Hadj Abass Bonfoh, shares his views with us.
Q: What do you think of the National Assembly's participation in the project to draw up country reports and submit them to the human rights treaty bodies and follow up their recommendations?
El Hadj Abass Bonfoh: Let me take this opportunity to express my gratitude to the IPU for supporting our institution by way of building the capacity of our parliamentarians and promoting and protecting human rights. Following the parliamentary elections of 14 October 2007 that gave way to the new legislature, the IPU was the first organization to commit to institutional capacity-building in terms of techniques for drawing up country reports for submission to human rights treaty bodies. These reports must be produced with objectivity and impartiality in order to avoid social unrest during crises. The meeting organized in February 2008 for members of the parliamentary Committee on Human Rights in Lomé attests to the renewed partnership between the IPU and our parliament.
Q: What was the outcome?
A. B.: Recommendations were adopted and a Steering Committee was set up. Short-term, medium-term and long-term strategies were also drawn up. Togo has set in motion a new set of dynamics based on the notion of inclusiveness. This has been an overarching element of strengthening participatory democracy as well as dialogue and reconciliation. It would be a positive thing for us if the IPU decided to stand by our side. Under this policy of strengthening the rule of law as advocated by President Faure Essozimna Gnassingbé, the National Assembly should not be left out. Its involvement in the project aimed at drawing up country reports for human rights treaty bodies is a way of participating in the promotion of these universal values. The right to health, education and freedom of opinion are values we all share. The Head of State has agreed to the opening of an office of the United Nations High Commission for Human Rights in our country (UNHCHR).
Q: What benefit can the National Assembly gain from this project?
A. B.: The project is in its second phase, which consists of following up the national strategy on the involvement of Togolese parliamentarians in the work of the human rights treaty bodies. As part of the project, a second national seminar was organized jointly by the IPU and UNHCHR for our parliamentarians in October 2008. By assessing the course taken by the Steering Committee, members of parliament were able to seize the opportunity to also evaluate the various activities conducted. They identified shortfalls, which will allow the project to build on a stronger foundation, which is indispensable for the National Assembly's involvement in consolidating the rule of law. The parliamentarians have a better understanding of the ratification instruments, which I am pleased about. Our institution continues to play its oversight role. To this end, we have recently approved ratification of the Additional Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children to the United Nations Convention against Transborder Organized Crime.
Q: What are the National Assembly's expectations in terms of implementation of these strategies?
A. B.: There are several activities to carry out but due to scarce financial resources, we have not been able to organize large-scale awareness campaigns, not to mention the seminars that had been foreseen. We are still hoping to benefit from the IPU's support in all its forms in order to achieve those outcomes. Being a complex issue, the human rights struggle is a long-term undertaking. Togo is not giving up. Moreover, it was the first African country to set up a national Human Rights Commission in 1987. The democratic processes in our country need support from all sides if the aim is to build nations that have secured peace and reconciliation.
HIV and Human Rights
The rights of people infected with HIV are often breached. AIDS is a product of human rights violations and is fuelled by such violations.
They include sexual violence and coercion faced by women and girls, stigmatization of men who have sex with men, and abuses against sex workers and injecting drug users. The opening paragraph of the IPU's 2005 Manila resolution on HIV/AIDS and Human Rights, which provided the textual basis for so much of the organization's subsequent work in the field, explicitly calls upon parliaments and governments to ensure that their laws, policies and practices respect human rights in the context of HIV/AIDS.
Although there is no international treaty or covenant that specifically addresses AIDS, international human rights treaties contain a good many provisions that concern people living with HIV. The International Covenant on Civil and Political Rights (ICCPR) covers the right to marry and found a family, and the right to privacy. This includes the right to physical privacy, implying the obligation to seek informed consent to HIV testing. The rights of children are covered under a separate convention, the Convention on the Rights of the Child (CRC). Under this treaty, children have the right to special protection and assistance if deprived of their family environment. They have the rights to education, to health, and to inherit property.
More fundamentally, the ICCPR recognizes that every human being has the inherent right to life. Significantly, the Human Rights Committee, interpreting the right to life, has recommended to one African country that it “adopt comprehensive measures encouraging greater numbers of people suffering from HIV and AIDS to obtain adequate antiretroviral treatment and facilitate such treatment” (2004). The provision of affordable antiretroviral treatment, which has improved and extended the lives of many people infected with HIV, is a subject that encompasses human rights, intellectual property law, and trade regulations. It is a field in which the legislator can do much to set the right framework for enlightened policy. In order to support the enactment of appropriate intellectual property legislation, the Advisory Group is also holding a series of regional seminars on HIV/AIDS, treatment and intellectual property rights, beginning in Africa in early 2009.
Legislators must be the guardians of human rights
These words were not wasted on the members of parliamentary human rights committees who gathered in Geneva in early November. At the heart of the debate was the question of how to make human rights a tangible reality in the daily life of people everywhere. The seminar took a critical look at the state of play on the eve of the 60th anniversary of the Universal Declaration of Human Rights.
The parliamentarians believed that there was much to be proud of. In the past sixty years respect for human rights has become a legitimate cause, gaining a permanent place on the agendas of national governments and the international community. The creation of an impressive array of human rights treaties and the emergence of civil society were also considered significant. However, despite these remarkable achievements, participants felt that they had all too frequently failed to bring improvements on the ground. Many people were still forced to live in conditions that showed scant consideration for human dignity, leaving their economic and social rights by the wayside. Equally worrying was the fact that respect for fundamental freedoms, long considered secure, had been thrown into question in a world in which the fight against crime and terrorism had taken centre stage.
The Vice-President of the IPU Executive Committee, Ms. Elissavet Papademetriou, stated in her inaugural speech that: “there is a need to reaffirm the vision that the Universal Declaration championed sixty years ago. As parliamentarians, this places us squarely before our responsibilities, as guardians of human rights, to do all we can to live up to the ideals of the drafters of the Declaration.” The seminar, a joint initiative of the IPU and the Office of the United Nations High Commissioner for Human Rights, offered a series of recommendations for parliamentary action for achieving this goal, urging in particular parliaments and their members to become more actively involved in the work of United Nations to promote and protect human rights.