Strasbourg, 9 November 2011 CommDH(2011)35 Original version
3RD QUARTERLY ACTIVITY REPORT 2011
by Thomas Hammarberg Commissioner for Human Rights
1 July to 30 September 2011
Presented to the Committee of Ministers and the Parliamentary Assembly CommDH(2011)35
CONTENTS
1. Overview...... 3 2. Missions and Visits ...... 4 3. Reports and continuous dialogue ...... 5 4. Themes...... 13 5. Other Meetings ...... 18 6. Human rights defenders ...... 18 7. European Court of Human Rights...... 19 8. Communication and Information work ...... 20 9. Next three months...... 23 10. Observations and reflections ...... 24
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1. Overview
Freedom of expression, including media freedom, was a major priority during the third quarter. The lecture series continued, this time through a discussion on possible means of securing plurality in the media landscape. All six lectures have been further developed and edited and will be presented in a publication in December. One by one they will also be published on our web site.
A report on media issues in Turkey was made public together with a comment from the Turkish government and a constructive dialogue has been pursued during which representatives of the authorities have signalled their sincere appreciation for our contribution. Issues relating to the freedom and security of journalists were also raised in observations the Office made available on Azerbaijan – again with comments from the government – in September, one year after the previous report.
The situation of Roma was another priority. I visited Slovakia and discussed human rights with Roma themselves as well as with local and central authorities. A report is forthcoming. A report on a previous visit to Italy, during which Roma rights was one of the concerns, was made public (with official comments from the government).
In a Human Rights Comment I raised the issue of anti-Gypsyism and recommended corrective action, also in the media, in order to put an end to hate speech against this minority. I took part in a conference organised in Strasbourg by the Congress of Local and Regional Authorities with mayors from member states for a discussion on local activities to overcome discrimination and marginalisation of Roma.
Contacts with human rights defenders in Belarus were intensified. We have been deeply concerned about the arrest of the chairperson of the non-governmental organisation “Viasna” accused of tax evasion after Polish and Lithuanian authorities gave information to the Belarus security agency on bank accounts used by this human rights group for humanitarian aid to victims of human rights violations (the authorities in Warsaw and Vilnius have done their utmost to correct this mistake, but at the time of writing the trial against the leadership of the organisation is being prepared).
I have met human rights activists from Belarus several times during this period and this has have given me further basis for arguing for the release of prisoners and the protection of the freedoms of expression, assembly and association.
In connection with the tenth anniversary of the 9/11 terrorist attacks in New York and Washington I published a Human Rights Comment on the issue of so-called renditions and one on secret places of detention (“Black Sites”) and argued for more serious investigations into European participation in these aspects of the “war on terror”. I had a constructive meeting at the office of the general prosecutor in Warsaw in this context.
The report on Serbia focused largely on post-war issues which had been raised earlier in reports on other states in the Balkans. The response from the authorities in Belgrade has been constructive.
The excessive use of pre-trial detention is another problem which has come up in dialogues with governments, including during a brief visit to Ukraine at the end of
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September. A Human Rights Comment on this issue was published during the reference period, arguing for an improved emphasis on the principle of presumption of innocence and therefore a much more restrictive (and humane) use of the possibility to detain suspects during the preparation of trials or before final judicial decisions.
2. Missions and Visits
Mission to Ukraine
The Commissioner went to Ukraine from 18 to 21 September, where he took part in a conference on the prevention of human rights violations organised by the Ministry of Justice of Ukraine in co-operation with the Council of Europe. In his speech, the Commissioner stressed the importance of implementing human rights standards in practice, and referred to the useful role that can be played by various tools such as national action plans, data collection and analysis in the prevention of human rights violations.
In the course of this mission the Commissioner met the Minister of Justice, Mr Olexandr Lavrynovych, the Deputy Minister for Foreign Affairs, Mr Pavlo Klimkin, the Chairman of the Ukrainian delegation to the Parliamentary Assembly of the Council of Europe (PACE), Mr Ivan Popescu, the Ombudsman, Ms Nina Karpachova, and the Commissioner for Children’s Rights, Mr Yuriy Pavlenko, as well as several parliamentarians and representatives of Ukrainian civil society. He also had a meeting with a group of representatives of civil society from Belarus to discuss the situation of human rights defenders in that country.
In the light of his forthcoming visit to Ukraine in November, the Commissioner discussed with his interlocutors issues related to the administration of justice, including cases against former governmental officials, freedom of expression and freedom of assembly, and anti-discrimination.
Visit to Slovakia
The Commissioner’s visit to Slovakia on 26-27 September focused on the human rights of Roma, persons with disabilities and national minorities. During the visit, the Commissioner met with the Minister of Foreign Affairs, Mr Mikuláš Dzurinda, the Deputy Prime Minister for Human Rights and National Minorities, Mr Rudolf Chmel, the State Secretary of the Ministry of Labour, Social Affairs and Family, Ms Lucia Nicholsonová, the Office of the Plenipotentiary of the Slovak Government for Roma Communities, and members of the Slovak delegation to PACE. He also met with the Public Defender of Rights, Mr Pavel Kandráč, the Slovak National Centre for Human Rights, and a number of non-governmental organisations. In addition, the Commissioner travelled to Plavecký Štvrtok, where he visited the local Roma settlement and nearby school and met with the Mayor.
As regards the protection of the human rights of Roma, particular attention was paid to the need to combat anti-Gypsyism in public and political discourse and to address segregation in housing and education. Further subject areas addressed included hate
4 CommDH(2011)35 crimes and police misconduct targeting Roma, sterilisation of Roma women, and the placement of Roma children in state care institutions.
With reference to the protection of the human rights of persons with disabilities, the Commissioner focused in particular on: the right to live independently and be included in the community, including progress towards de-institutionalisation; the right to education in an inclusive environment; and issues related to legal capacity, including the establishment of a system for supported decision-making for people with intellectual disabilities.
As regards national minorities, the Commissioner discussed issues relating to the protection and promotion of national minority languages and the balance between the promotion of the state language and the linguistic rights of national minorities.
A report on the visit is forthcoming.
Visit to Poland
The Commissioner went to Warsaw from 28 to 30 September, where he delivered a keynote speech on human rights for older persons at the 5th Warsaw Seminar on Human Rights, organised by the Polish Ministry of Foreign Affairs (see below section on Themes).
During this visit, the Commissioner met with national authorities and civil society representatives. A bilateral meeting was held with the Minister of Foreign Affairs, Mr Radosław Sikorski, followed by a joint meeting of the Minister and the Commissioner with members of Belarusian civil society including family members of human rights defenders who are currently imprisoned.
The Commissioner also met with national human rights institutions, namely the Ombudsman and the Ombudsman for Children. Upon invitation of Ms Elzbieta Radziszweska, Government Plenipotentiary for Equal Treatment and Chair of the Polish Council for Combating Racial Discrimination, Xenophobia and the Intolerance related thereto, the Commissioner attended the second session of this intergovernmental council. Lastly, the mission included a meeting of the Commissioner with members of the Office of the Public Prosecutor and a visit to the Warsaw Uprising Museum.
3. Reports and continuous dialogue
Report on the Russian Federation (North Caucasus)
On 6 September, the Commissioner published a report following his visit to the Russian Federation from 12 to 21 May 2011, when he visited four republics in the North Caucasus Federal District: Kabardino-Balkaria, North Ossetia-Alania, the Chechen Republic and Ingushetia. Despite efforts to improve the quality of life of the people living in this troubled region, the situation therein continues to present major challenges for the protection of human rights.
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As regards counter-terrorism measures, the Commissioner referred to the continuing challenges to security in the North Caucasus, which amount to a serious ongoing crisis with consequences extending beyond the region. Undoubtedly, such a crisis constitutes a test of the strength of State commitment to human rights principles. The Commissioner has consistently emphasised the principle that it is both possible and necessary to fight terrorism while respecting human rights, fundamental freedoms and the rule of law. While state authorities have a clear duty to protect the public from terrorism and the actions of illegal armed groups, counter-terrorism measures should be carried out in full compliance with human rights standards. If, in the context of counter-terrorist operations, state actors use methods which are unlawful and/or violate human rights, this undermines the very values which must be defended from the enemies of democracy. The Commissioner expressed support for efforts aimed at promoting reconciliation and reintegrating into society, e.g. through education and employment opportunities, those who have abandoned the course of armed insurgency. Further efforts must also be made to dismantle the links between corruption, organised crime and terrorism and to prevent their nefarious influence from spreading in society.
The Commissioner expressed deep concern about the persistence of allegations and other information relating to abductions, disappearances and ill-treatment of persons deprived of their liberty in the North Caucasus. He recommended the systematic application of rules for law enforcement officials against the wearing of masks or non- standard uniforms without badges, as well as against the use of unarmed vehicles, in the course of investigative activities. The Commissioner also expressed support for the proposal of the Council for Civil Society Institutions and Human Rights under the President of the Russian Federation to create an interdepartmental federal commission to determine the fate of persons who have gone missing during the entire period of counter-terrorism operations in the North Caucasus.
The Commissioner paid particular attention to the persisting problem of impunity for serious human rights violations. At the time of writing the report, the European Court of Human Rights had examined close to 200 cases in which it found violations of the right to life and/or the prohibition of torture and inhuman or degrading treatment in relation to actions of security forces in the Chechen Republic and other parts of the North Caucasus. The violations have related to unlawful killings, disappearances, and torture and ill-treatment attributable to the security forces, as well as a failure to investigate such crimes effectively. The persistent patterns of impunity for such serious violations remain a source of major concern to the Commissioner.
The Commissioner formed the impression that the Investigative Committee structures at different levels have the requisite capacity for investigating complex criminal cases. However, as representatives of the Investigative Committee have acknowledged, there are many cases of investigations continuing virtually indefinitely without results. Moreover, in cases where officials belonging to law enforcement agencies or other security structures are themselves implicated in crimes, the Commissioner has serious doubts about the extent to which the necessary co-operation with the investigative authorities can be secured in practice from those bodies. Based on his extensive discussions with the authorities, civil society, and other information at his disposal, the Commissioner found the absence of requisite determination to be one of the main obstacles to pursuing accountability in cases where the responsibility of public officials is implicated. This makes it even more important for the Russian leadership to deliver the unequivocal message that impunity will no longer be tolerated.
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The Commissioner found that human rights defenders continued to face serious obstacles in their work and significant risks, and highlighted the importance of ensuring that persons and organisations engaging in human rights monitoring are able to work freely and without undue impediments. He paid tribute to the Human Rights Centre “Memorial” and other human rights organisations for their continued commitment to fulfilling their mission in the region, despite the risks and challenges involved. Finally, the Commissioner noted that human rights structures such as the institutions of regional ombudsman institutions and children’s ombudsman institutions persons can play a key role in promoting awareness of human rights and ensuring that people living in the region are able to enjoy them fully in practice.
The full report is available on the Commissioner’s website.
Letter to the Government of the Russian Federation on freedom of assembly
On 9 September, the Commissioner published a letter to the Government of the Russian Federation containing his observations on the right to freedom of assembly. The letter followed up on discussions the Commissioner had during his visit to Russia from 12 to 21 May 2011.
In his letter, the Commissioner noted that the prevalent view among human rights experts was that the general normative framework set out in the federal legislation on assemblies broadly complies with international standards, foreseeing a notification procedure which does not require the organisers of a meeting to seek authorisation from the authorities, but rather to inform them about their intention to hold a meeting. At the same time, the Commissioner recommended that Russian authorities ensure consistency between federal legislation and regulations or decisions promulgated by regional and local authorities, which at times delimited this right more narrowly or in a different spirit.
The Commissioner advised the authorities to review the legal framework with a view to including effective, foreseeable and clearly defined procedures which relate to the resolution of any disagreements which may arise in the context of simultaneous assemblies. He also recommended that provisions on spontaneous assemblies be introduced in the legal framework, recalling that the ability to organise such events would be important when a delay might weaken the message.
The Commissioner noted that actions by law enforcement officials have on many occasions been aimed at intervening in or dispersing assemblies which are regarded by the authorities as “unlawful”, despite compliance by the organisers with the notification procedure envisaged in the law. Force has often been used – at times excessively – and participants in assemblies have been apprehended, even during peaceful events. The Commissioner recommended that a clear message be delivered to law enforcement officials at all levels that they should respect and protect the right to freedom of assembly and act lawfully in the context of such events.
Another aspect hindering the exercise of the right to freedom of assembly raised by the Commissioner related to sanctions and penalties imposed after an assembly. The principle of proportionality should apply to liability arising after an assembly. Any person charged with an offence relating to an assembly should enjoy the right to a fair trial.
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The reply from the Russian Federation authorities is available on the Commissioner’s website.
Report on Turkey
On 12 July, the Commissioner published a report on freedom of expression and freedom of the media in Turkey, following up to his visit there from 27 to 29 April 2011.
The Commissioner welcomed Turkey’s progress concerning free and open debates on a variety of human rights-related issues. However, he drew attention to the very large number of judgments of the European Court of Human Rights finding violations of freedom of expression by Turkey. The Commissioner considered that the Turkish authorities had not sufficiently addressed the underlying causes of these violations.
Whilst welcoming the recent changes to the Constitution, the Commissioner noted that the letter and spirit of the 1982 Constitution continue to lie at the heart of the problems relating to freedom of expression in Turkey. He encouraged the Turkish authorities to reflect on and address these issues in the framework of the planned constitutional reform. As regards the numerous amendments made by Turkey in recent years to the Turkish Criminal Code and the Anti-Terrorism Act, the Commissioner observed that they had not been sufficient to ensure in practice the full enjoyment of freedom of expression, and called on the Turkish authorities to further amend the provisions he identified as being of particular concern. He also encouraged the authorities to review the system of regulation of radio and television broadcasting.
Nonetheless, the Commissioner considered that statutory changes alone would not be sufficient to prevent future violations of freedom of expression, if they are not accompanied by a significant shift in the attitude of courts and prosecutors and the way in which they interpret and apply the relevant legal provisions. He was particularly concerned that the application of the concept of “incitement to violence” by Turkish courts and the absence of the defences of truth and public interest were at odds with the case-law of the European Court of Human Rights. Further reflecting on certain dysfunctional aspects of the Turkish judicial system, such as excessively lengthy proceedings, the Commissioner expressed his deep concern that their combination had had an important chilling effect in Turkey and had led to self-censorship in the media.
The Commissioner observed that civil defamation proceedings continued to cause violations of the right to freedom of expression in Turkey, expressing particular concern about a recent domestic judgment against the writer Orhan Pamuk, and urged the Turkish authorities to prevent this judgment from becoming established case-law. Observing the use made by senior officials and politicians of defamation proceedings, the Commissioner advised more restraint in this respect.
The Commissioner was particularly concerned about the number of intimidation attempts, attacks and murders perpetrated against journalists and human rights defenders. Recalling in particular the judgment of the European Court of Human Rights in the Hrant Dink case, the Commissioner urged the Turkish authorities to increase their efforts to protect journalists from and conduct effective investigations into such acts in order to eradicate impunity.
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As regards Internet censorship, the Commissioner considered that the practice of blocking of websites in Turkey went beyond what is necessary in a democratic society, and encouraged the authorities to bring the Internet Act and its application fully in line with Council of Europe standards.
Finally, the Commissioner observed that the specificities of the media landscape in Turkey rendered the editorial independence of newspapers and broadcasting media particularly fragile. He expressed his concerns about the frequent violations of labour rights of media professionals and their precarious working conditions. The Commissioner considered that this situation made it all the more important for the authorities to exercise the utmost caution in order to avoid chilling effects.
The report is available on the Commissioner’s website, together with the comments of the Turkish authorities.
Report on Italy
On 7 September the Commissioner published a report following his visit to Italy from 26 to 27 May 2011. The report covers the protection of the human rights of Roma and Sinti and of migrants, including asylum seekers, particularly as a result of recent migration flows from Northern Africa.
As regards Roma and Sinti, the Commissioner underlined the need for a shift in focus from coercive measures such as forcible evictions and expulsions to social inclusion, anti-discrimination and combating anti-Gypsyism. Combating racist and xenophobic political discourse targeting Roma and Sinti is particularly urgent in Italy, notably through a vigorous implementation of the criminal law provisions against racist offences and the promotion of knowledge about Roma history and culture. Evictions of Roma and Sinti, sometimes in violation of human rights standards, have had a negative impact on the enjoyment of the right to housing and other human rights, including children’s right to education.
The Commissioner called on the Italian authorities to act in accordance with international standards in the field of housing and evictions, and to bring the situation fully into line with the revised European Social Charter. Cases of anti-Roma violence, sometimes perpetrated by law enforcement officials, point to a continuing need for the Italian authorities to improve their response to racially-motivated violence in general. The Commissioner also stressed the need for the Italian authorities to address the situation of the many stateless Roma who came to Italy from the former Yugoslavia decades ago, and their descendants. More generally, the Commissioner called for a national strategy for the social inclusion of Roma and Sinti in Italy which would support the efforts of regional and local actors in this field; as an interim step, he suggested the establishment of a task force at national level which would provide such support.
As regards the protection of the human rights of migrants, including asylum seekers, the Commissioner noted that increasing arrivals from Northern Africa have exposed a dire need for Italy and Europe to do more to ensure that the rights of these persons are respected when it comes to both their rescue at sea and their reception and integration. In all cases where migrants are in distress at sea, their rescue and safety must enjoy absolute priority over all other considerations, including any lack of clarity and agreement, notably between Italy and Malta, about responsibilities for rescue. Any
9 CommDH(2011)35 practices which may result in migrants being sent to places where they are at risk of ill treatment or onward refoulement must be avoided. Reception conditions and access to asylum should also be improved, notably by extending the capacity of the housing schemes administered by the publicly-funded network of local authorities and non-profit organisations. In all places where they are accommodated, asylum seekers should have adequate access to legal aid and psycho-social assistance.
With reference to the repatriation of Tunisian nationals through “simplified procedures”, the Commissioner called on the Italian authorities to ensure that the relevant human rights safeguards, including access to justice to challenge removal, and the prohibition of collective expulsions, are fully respected. Finally, the Commissioner recommended improving the integration in Italian society of refugees and beneficiaries of international protection notably by strengthening local authorities’ capacity to provide accommodation and services, simplifying access to Italian nationality, and speeding up family reunification procedures.
The report is available on the Commissioner’s website, together with the comments of the Italian authorities.
Report on Ireland
On 15 September the Commissioner published a report following his visit to Ireland from 1 to 2 June 2011 focusing on the human rights of vulnerable groups in times of austerity budgets.
Noting administrative reforms under way to make government less costly, the Commissioner stressed the importance of national human rights structures and called on the authorities to protect their independence and effectiveness, and to refrain from adopting budget cuts and staff reductions which would limit the capacity and effectiveness of these institutions.
The Commissioner further noted the robust legal and institutional framework in place to combat discrimination, racism and xenophobia. However, he remained concerned that still no legislative change had taken place to ensure that transgender persons enjoy accurate legal recognition. Welcoming the on-going discussion on the recognition of the Traveller community as an ethnic minority group, the Commissioner, in his report, urged the authorities to strengthen efforts to promote their integration, in particular by ensuring quality education, political participation and representation.
The Commissioner observed that in spite of the continuous efforts made in the context of the National Disability Strategy, progress in the area of mental health remains slow. He urged the authorities to step up their efforts as pledged and invest in community care as well as to ensure that people with disabilities are not adversely affected by the budget crisis, in particular in terms of health care and social services.
In his report the Commissioner also expressed his concern about allegations of neglect and abuse of older people residing in privatised care homes. He encouraged the authorities to conduct their investigations into such allegations also with a view to strengthening the protection of residents of care homes in the future. In view of the increase in the aging population, he stressed the importance of ensuring that social protection systems, health care, housing policies and also anti-discrimination legislation
10 CommDH(2011)35 including in the labour market, are suitable for older people. The Commissioner welcomed the establishment of an inter-departmental committee to investigate possible human rights violations committed in the church-run Magdalene Laundries institutions, in which women and girls were involuntarily confined between 1922 and 1996 under apparently very harsh conditions. He encouraged the authorities to quickly put in place restorative measures for the victims and to promote reconciliation.
The Commissioner appreciated the government’s efforts in fostering children’s rights and considered that anchoring the principle of the “best interests of the child” in the Irish Constitution, as well as a complete ban on corporal punishment, will strengthen child protection in Ireland. He commended the authorities’ commitment to ending the imprisonment of 16 and 17 year old boys in the outdated prison of St. Patrick’s and recommended that the authorities begin the process soon with a pilot group.
Lastly, the Commissioner urged the Irish authorities to improve and simplify the asylum and immigration system, ensuring transparent, speedy decision-making subject to judicial review, and taking into account internationally agreed principles, such as the right to respect for family life and the best interests of the child. In this context, the Commissioner welcomed the increased care for separated asylum-seeking children and reiterated his recommendation to assign a guardian to each separated child to enhance protection.
The report is available on the Commissioner’s website together with the comments of the Irish authorities.
Report on Serbia
On 22 September, the Commissioner published a report following his visit to Serbia from 12 to 15 June 2011 focusing on post-war justice and reconciliation, the fight against discrimination and freedom of the media, access to public information and personal data protection.
In his report the Commissioner expressed his concern at the limited progress made so far in domestic war-related criminal proceedings, which appears to be related to, among other things, the lack of broad, clear and unconditional political support. In this context, he called on the authorities to effectively investigate and prosecute war-related crimes and to remove all remaining obstacles to effective inter-state co-operation in this context. He further emphasised the need for adequate reparation to all victims for the gross human rights violations they suffered during the war. The Commissioner also urged Serbia to improve the witness protection system and to promptly investigate and prosecute any threats and intimidation of witnesses.
The Commissioner invited the authorities to continue with determination their efforts, at national and regional level, to clarify the fate of the approximately 14 000 persons missing in the region due to the wars. He emphasised that the prompt and just resolution of the pending issues arising out of forced displacement due to the 1991-1999 wars is crucial for the development of social cohesion and human rights in Serbia. The Commissioner emphasised that further co-operation between the countries in the region is needed to resolve these important issues. He considered positive the commitments made in 2011 by Serbia, Bosnia and Herzegovina, Croatia and Montenegro, under the initiative of the United Nations High Commissioner for Refugees’ Special Envoy for
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Protracted Displacement in the Western Balkans, to finally close all relevant pending issues between the four states.
The Commissioner welcomed the strengthening of the Serbian legal and institutional framework against discrimination and racism, as well as the measures taken in recent years to counter hate crimes, notably those committed by extremist groups. Nevertheless, he urged the authorities to give priority to the prosecution of hate crimes and to undertake a comprehensive review of the court sentencing policies in these cases. He further called for an enhanced protection of national minorities and recommended allowing the election process of the members of the national minority council of Bosniaks to begin in the near future.
As regards Roma, the Commissioner underlined that more and systematised efforts should be made to enhance protection and inclusion, in particular in the sectors of employment, education, housing and healthcare. The Commissioner remained deeply concerned by the situation of Roma who remain forcibly displaced from Kosovo and still lack personal identity documents. He expressed his concerns about the related, persistent problem of the non-registration of Roma children upon their birth. He urged the authorities to enact legislation which would facilitate access to personal identity documents for Roma.
The Commissioner remained concerned about widespread homophobia and urged the authorities to intensify their efforts to fight violence and discrimination against LGBT persons, including by having the criminal provisions concerning hate crimes more vigorously implemented by courts.
Whilst commending the adoption of legislation protecting and promoting the rights of persons with disabilities, the Commissioner remained concerned that a number of elderly persons and adults with mental disabilities are placed in institutional care without their consent. He expressed his concern about the lack of progress in the process of deinstitutionalisation of adults with mental disabilities and the reported abuse of the legal capacity proceedings, often by close family members. The Commissioner called on the authorities to take all necessary measures, including legislative ones, to effectively resolve these problems.
Finally, the Commissioner stressed that media freedom should be better secured and journalists should be effectively protected. He commended the authorities' prompt reactions to recent attacks on journalists, but remained seriously concerned by the impunity regarding past cases of killings of journalists and called for effective investigations into all these violent incidents. He further stressed that defamation should be decriminalised and unreasonably high fines in civil cases relating to media should be avoided. At the same time, the media community should promote and apply ethical professional standards and develop a system of effective self-regulation. The Commissioner also emphasised that media plays an important role in countering prejudice and should not perpetuate stereotypes through negative reporting concerning ethnic or religious minorities, in particular Roma. He invited the Serbian authorities to promote systematic dialogue with media professionals and relevant civil society groups
All reference to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 (1999) and without prejudice to the status of Kosovo.
12 CommDH(2011)35 in order to ensure the elimination of manifestations of anti-Gypsyism and the enhancement by media of tolerance and social cohesion.
The report is available on the Commissioner’s website together with the Serbian authorities’ comments.
Observations on the human rights situation in Azerbaijan
On 29 September, the Commissioner published his observations on the human rights situation in Azerbaijan concerning the freedoms of expression, association and assembly, as a follow up to his June 2010 report. These observations were published together with the written comments of the Azerbaijani authorities.
One year after the publication of the report, the Commissioner regretted to note that most of the recommendations he made as regards these areas have not been implemented. In some cases, steps taken by the authorities have even run counter to Azerbaijan’s human rights obligations.
The Commissioner mentioned in particular persistent practices of unjustified or selective criminal prosecution of journalists or critical opinion makers. He also expressed concerns about information indicating that in the past months several national and international NGOs have faced difficulties in carrying out their activities freely in Azerbaijan. The Commissioner was particularly worried about the recent demolition of a building where several human rights organisations were located.
Another source of concern relates to the wave of arrests of activists and political opponents in connection with protests held in Baku in March and April 2011. The Commissioner noted that several persons were detained on grounds of violating public order, and that six opposition activists were sentenced for participating in ‘actions causing disturbance of public order’, following trials whose conformity with human rights standards has been called into question.
The Commissioner therefore called upon the Azerbaijani authorities to take decisive measures to address the shortcomings highlighted in his report and observations.
4. Themes
Human Rights of Roma and Travellers
European media and anti-Gypsy stereotypes
On 7 July the Commissioner published a Human Rights Comment entitled “European media and anti-Gypsy stereotypes”. He underlined that while the media has an important role to play in countering prejudices, a number of European journals and broadcasting media have not lived up to this responsibility when it comes to Roma and Travellers. Instead, they have contributed to xenophobia through biased reporting and cheap sensationalism. In order to address the current overwhelmingly negative portrayal of Roma in the media, ethical journalism and self-regulation must be promoted, and media outlets that serve the Roma communities must be supported. It is also important that
13 CommDH(2011)35 more Roma journalists find their way into mainstream media and that non-Roma journalists build contacts in the Roma communities so that they are better equipped to contextualise situations on which they report.
Summit of Mayors on Roma
On 22 September, the Commissioner addressed the Summit of Mayors on Roma, organised by the Congress of Local and Regional Authorities in Strasbourg. He pointed out that pervasive anti-Roma rhetoric underpinned obstacles to Roma inclusion. He said that anti-Roma statements by local politicians which have been commonplace in several countries in Europe, are detrimental to efforts to promote the inclusion of Roma in society.
The Commissioner stressed that local politicians have a special responsibility for combating discrimination and building bridges across different parts of society. Instead of anti-Roma rhetoric, Roma men and women should be welcomed and encouraged to participate in politics. More organised consultation should take place between the local authorities and Roma, for instance on housing. The Commissioner pointed out that local authorities can take the lead in fulfilling the rights of Roma to live in dignity in adequate housing.
It was also underlined that one reason for the failure of many previous attempts to improve the situation of Roma was the lack of possibility for Roma themselves to be involved in the solutions to various problems. Yet Roma should always be key actors in the initiatives which concern them. The Commissioner stressed that local efforts for Roma inclusion must bring all the stakeholders together from the beginning. This is easier when Roma are already participants in the political process and represented in local assemblies. In specific projects, such involvement has to be active and comprehensive.
Human rights of LGBT persons
Protection of transgender persons from discrimination and hatred
On 26 July the Commissioner published a Human Rights Comment on the human rights challenges faced by transgender persons who often lack specific protection against discrimination based on gender identity. The Commissioner called upon member states to address the human rights problems of transgender persons when drafting legislation and elaborating public policies. He also recommended that member states include in national non-discrimination legislation gender identity as a prohibited ground of discrimination. Transphobic hatred should also be recognised in law as a possible motive for hate crime and speech.
Hate crimes against LGBT persons
On 11 August a representative of the Commissioner’s Office participated in an expert meeting on hate crimes against LGBT persons which took place in Prague in the context of the first ‘Prague Pride’ festival. The meeting, opened by the U.S. Ambassador to the Czech Republic and attended by policy makers, NGOs and experts, focused on hate crimes and hate incidents against LGBT persons. During the discussion the Commissioner’s report 'Discrimination on grounds of sexual orientation and gender
14 CommDH(2011)35 identity in Europe' was one of the major reference documents, in particular the recommendation that sexual orientation and gender identity should be included as explicit grounds in hate crime legislation.
Joint roundtable on the human rights of transgender persons
On 22 and 23 September a joint roundtable was organised in Vienna by the European Union Agency for Fundamental Rights (FRA) and the Commissioner’s Office. The roundtable, entitled “Rights to equality, life and security of the person: bridging the gap for transgender people”, brought together representatives of member states, NGOs, equality bodies and Ombudsman institutions. It aimed to increase the awareness of the findings and conclusions of both the FRA’s and the Commissioner’s reports in the area of LGBT rights as well as to share and disseminate examples of ‘good practices’ and solution-oriented policies from various member states aimed at ensuring safety and improving equality for transgender people.
Human rights of migrant children
On 9 August the Commissioner published a Human Rights Comment calling for an improvement in the methods used to assess the age of migrant children in Europe. Age, and specifically the crucial dividing line at 18 years of age, can determine the future of a migrant. The Commissioner therefore encouraged governments to develop multidisciplinary and child-sensitive age assessment methods, respectful of the child’s culture, dignity and physical integrity. In particular, he urged caution against the routine use of X-ray tests. The latter are not only contested by specialists for not being sufficiently precise, but also raise serious questions regarding medical ethics, especially when individuals are exposed to unnecessary radiation.
Non-Discrimination
On 20 July the Commissioner published a Human Rights Comment in which he reflected upon the debates regarding the burqa and niqab - which have been the subject of legislation recently promulgated in some European States - as symptomatic of Islamophobia and anti-Muslim prejudices which have been undermining tolerance in Europe. The Commissioner considers that such bans will stigmatise the wearers of these garments, leading to the further alienation of the women concerned from the majority population. In fact, the banning may run counter to European standards, in particular the right to respect for one’s private life and personal identity. More generally, the Commissioner argued that the burqa and niqab discussions divert attention from issues which do merit serious attention, such as intercultural tensions, hate crimes, and discrimination against minorities.
Human rights of stateless persons
On 2 August, the Commissioner published a Human Rights Comment on the situation of stateless persons (“Several hundred thousand people in Europe are stateless – they need extra protection”) commemorating the 50th anniversary of the UN 1961 Convention on the Reduction of Statelessness. The Commissioner stressed that having a nationality was a basic human right and that it affected the enjoyment of other rights. Some stateless people are refugees or migrants, having left their countries of origin. Others live in their home country but are not recognised as citizens.
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The Commissioner pointed out that not having a nationality equals being marginalised. Stateless persons who lack birth certificates and identity documents are particularly vulnerable and risk being excluded from education, healthcare and social assistance. Many stateless persons have little possibility to make themselves heard and are in many cases silenced by fear of discrimination. The Commissioner urged member states to ratify the relevant international and European human rights treaties in this field and called on governments, ombudsman institutions, national human rights institutions and non-governmental organisations to defend the rights of stateless persons.
Human rights of older persons
On 29 September, the Commissioner addressed the 5th Warsaw Seminar on human rights, organised by the Polish authorities in Warsaw. He made a keynote speech on the human rights of older persons and pointed out that the demographic trend of aging populations had huge implications for European societies. The size and age of the working population as well as old-age pension and care systems will all be subject to important changes. The need for a sufficiently ample labour force will affect immigration policies while inter-generational solidarity will matter even more than before.
Healthy aging - preserving the maximum extent of personal autonomy - should be the aim of national policies on aging. Both the Social Charter and the EU Charter of Fundamental Rights highlight independent lives and full participation in society for the elderly. More opportunities for longer careers should be offered to older persons enabling societies to profit from their professional skills, experience and dedication. Specific protective measures should ensure the availability of adequate financial resources, housing and health care. The human dignity of older persons must always be respected.
The Commissioner pointed out that institutional care for older persons varied greatly among member states. There was a need to monitor the conditions in institutions for the elderly much more thoroughly through independent complaints and inspection systems. The possibility to remain in ordinary housing for as long as possible was usually the preferred option among older persons.
Freedom of expression, media independence and media diversity
Media Freedom Lecture on Media Pluralism and Human Rights
The sixth and last Media Freedom Lecture was held on 7 July, at a side event of an OSCE conference in Vienna, Austria. Mr Miklós Haraszti, who served as the OSCE Representative on Freedom of the Media from 2004 to 2010, made a presentation based on his Issue Paper on the subject.
Mr Haraszti emphasised that media pluralism is the key to freedom of information and freedom of speech and thus crucial for a healthy democracy. Only a sufficiently diverse media environment can keep the information flow alive and the public aware of facts, views, and debates which hold governments to account. Governments have a duty to foster media pluralism. However, the notion remains hotly debated both intellectually and politically.
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Mr Haraszti pointed out some encouraging patterns, for instance the move towards diversified media ownership and the rise of public service broadcasting in some places. But he also warned against negative trends, such as monopolisation of broadcasting, a lack of ownership transparency, and the rise of bureaucratic harassment and administrative discrimination.
In his own statement the Commissioner underlined that the European Court of Human Rights has confirmed, time and again, that member states have an obligation under the European Convention on Human Rights to protect and promote media pluralism.
He concluded that states do not always live up to this human rights obligation. During his country visits, he has been concerned by diminishing pluralism in the media and he sees a need for a strong commitment by authorities to the human rights obligation to promote and protect media pluralism, including on the Internet.
Hearing on the state of media freedom in Europe
A representative from the Office of the Commissioner was present at the hearing organised by the PACE Sub-Committee on the media on 12 September in Stockholm. A written contribution from the Commissioner was circulated to the participants. The Commissioner stated that media are crucial in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse.
He underlined that the Parliamentary Assembly has made important contributions to the protection of media freedom in Europe, and expressed his hope that it will continue to give high priority to these issues, including to the potential gains - but also problems - coming with emerging new social media.
Conclusions of his own work on media-related human rights issues will be summarised in a publication to be released in December or January.
Fighting terrorism while respecting human rights
The Commissioner released two Human Rights Comments in early September to coincide with the ten-year anniversary of the 11 September terrorist attacks. The first, entitled "Ten years of “global war on terror” undermined human rights – also in Europe", focused on the degrading and humiliating practice of rendition. The Commissioner noted that up to twenty European countries were complicit in human rights abuses through their participation in CIA rendition operations, and that the lack of proper investigations meant that so far Europe has granted effective impunity to those who committed crimes. The second of the Commissioner’s Comments contains a factual analysis of what happened at the CIA's "Black Sites" - or clandestine prisons - in Europe, under the heading "Europeans must account for their complicity in CIA secret detention and torture". In respect of each of three countries known to have hosted such facilities - Poland, Romania and Lithuania - the Commissioner reviewed compelling evidence of torture and other abuses, and highlighted a lack of credible and effective accountability efforts. The Commissioner remarked that in the long term it is intolerable to leave these abuses unchecked: "The purported cost to transatlantic relations of pursuing such accountability cannot be compared to the damage inflicted on our European system of human rights protection by allowing ourselves to be kept in the dark."
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Pre-trial detention
On 18 August, the Commissioner published a Human Rights Comment on the overuse of pre-trial detention in Europe. He stressed that the use of pre-trial detention was virtually systematic in a number of European countries. As a consequence, roughly one in every four prisoners in Europe is detained on remand - that is before final conviction. The Commissioner recalled that pre-trial detention should be ordered by a judicial authority after a critical assessment of the absolute need for such a decision - and the reasons should be spelled out. He concluded by underlining that the pre-trial detention of persons suspected of an offence should be the exception rather than the norm, and that non-custodial supervision measures, such as house arrest or release on bail, should be used more frequently.
5. Other Meetings
On 12 and 13 September, a member of the Commissioner’s Office participated in a legal training session on conflicts between the right to equal treatment and other fundamental rights, organised by the European Network of Equality Bodies (Equinet) in Vienna.
On 28 and 29 September a representative of the Commissioner’s Office provided a presentation and facilitated a discussion during the thematic workshop The role of National Human Rights Structures in protecting against all forms of discrimination, which took place in Sarajevo and was hosted by the Office of the Bosnian Ombudsman. The presentation focused on the recommendations contained in the aforementioned report by the Commissioner and the challenges faced by national human rights structures in promoting the human rights of LGBT persons.
6. Human rights defenders
Human Rights Comment: Human rights defenders need solidarity from all parts of Europe when repressed by their governments
On 13 September, the Commissioner published a Human Rights Comment entitled “Human rights defenders need solidarity from all parts of Europe when repressed by their governments”. The Commissioner made particular reference to two cases of harassment of human rights defenders which occurred over the summer, concerning Mr Ales Bialiatski, Chair of the Human Rights Centre Viasna in Belarus, and Ms Leyla Yunus, who leads the Institute for Peace and Democracy in Azerbaijan. Recalling the UN Declaration on human rights defenders, the Commissioner emphasised that reports about breaches of the standards set out in that document continued to reach him. Difficulties in the context of seeking official registration, burdensome financial and reporting requirements, and impediments to access to funding are some of the serious impediments to the work of human rights defenders. For example, the Human Rights Centre Viasna was dissolved in 2003 and has since then been denied the possibility to re-register. This situation increased the pressure on Viasna, as Belarusian legislation prohibits the operation of unregistered organisations and criminalises the activities of their individual members. The recent detention of Ales Bialiatski who is accused of
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“concealment of profits on an especially large scale” is also illustrative of the problems encountered by human rights defenders. The accusations against Bialiatski are based on information provided by official institutions in Vilnius and Warsaw about his personal bank accounts in Lithuania and Poland, and to which foreign donors have been able to send contributions for activities related to human rights defence. This situation can have a negative impact on victims of human rights violations who have come to depend on the assistance provided by human rights defence organisations such as Viasna.
At the beginning of September, the Commissioner published an Op-Ed in New Europe on the case of Viasna following the detention of its Chair.
The Commissioner also published a press statement on 13 July calling for justice to be done concerning the murder of Natalia Estemirova, a principled and courageous human rights activist who was killed two years previously. The lack of appreciable results of the investigation into this case was one of the serious concerns raised in the above- mentioned report on the Commissioner’s May 2011 visit to the Russian Federation.
The Office of the Commissioner for Human Rights participated in the Venice School of Human Rights dedicated to "Human Rights as Our Responsibility" with a focus on human rights defenders, organised from 30 June to 9 July. A representative of the Office gave a three-hour lecture on the "Role of human rights defenders in Europe: challenges and opportunities". The first part of the presentation focused on the concept of a human rights defender and their crucial role in the promotion and protection of human rights, as well as difficulties that human rights defenders face in their work, such as threats to personal security, judicial harassment, and restrictions upon the freedoms of assembly, association and expression. The second part concerned the existing national and international mechanisms and programmes for the creation of a favourable work environment for human rights defenders. Representatives of the European Union, the international NGOs Front Line and the World Organisation Against Torture (OMCT), as well as academics, intervened during this special programme on human rights defenders, which was attended by a group of 20 participants from different countries.
7. European Court of Human Rights
Human Rights Comment - Judgments issued by the European Court cannot be ignored
In a Human Rights Comment published on 19 July, the Commissioner called for a prompt, full and effective execution of the judgments of the European Court of Human Rights. He noted that, though the majority of European states do comply with the Court’s decisions, there are some which are strikingly slow to abide by their obligation to execute the judgments. Some important judgments have remained unimplemented after several years despite clear guidance given by the Court and the Committee of Ministers. The Commissioner recalled the necessity to ensure that the decisions by the Strasbourg Court are taken seriously in all cases, which would also demonstrate that the responsible national authorities are keen to preserve the effectiveness of the European mechanism for protection of human rights.
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Follow-up to the Interlaken Declaration
During his visits to member states of the Council of Europe, the Commissioner continued to draw the authorities’ attention to the need for prompt implementation of judgments issued by the Strasbourg Court.
In his report on Turkey, the Commissioner expressed his concerns regarding the fact that the conditions underlying the very high number of judgments, delivered for more than a decade, by the European Court against Turkey in the field of freedom of expression have not been effectively addressed to date by the Turkish authorities. In the Commissioner’s view, the effective implementation of these judgments requires amendments of the letter and spirit of the Turkish Constitution, statutory legislation and the judicial system in order to ensure effective respect and protection of pluralism and freedom of expression. Recalling in particular the judgment of the Strasbourg Court regarding the murder of Hrant Dink, the Commissioner urged the Turkish authorities to increase their efforts to protect journalists from and conduct effective investigations into such acts.
Following his visit to the Russian Federation, the Commissioner sent a letter to the authorities on the right to freedom of assembly (see also above). The Commissioner addressed in particular the issue of sanctions and penalties imposed after an assembly and stressed that the European Court had on several occasions found that subsequent sanctions had constituted disproportionate interference with the right to freedom of assembly and expression. He called upon the Russian authorities to ensure that any person charged with an offence relating to an assembly enjoy the right to a fair trial.
8. Communication and Information work
Almost 380 news items were published from 49 countries on 25 topics. 101 news items were found in main media sources with an international reach (27% of the whole coverage). The Commissioner issued 17 press releases. The media output increased in comparison with that of the second quarter (+21%), and is similar to that of the same quarter of 2010.
The main topics covered by the media were the Commissioner’s position on counter- terrorism measures, the ban of the burqa, the report on Italy, the situation of LGBT persons, and the report on Turkey.
The Human Rights Comment and interviews on the CIA rendition flights triggered wide media coverage. Articles and news items were published by major media with international reach (Associated Press, The New York Times, Washington Post, Forbes, Boston Globe, CBS news, The Huffington Post, Le Monde, Ansa, Corriere della Sera, SR DRS, The Daily Telegraph, BBC Mundo, BBC Tükçe, Cotidianul, PAP, Gazeta Wyborcza, Radio Free Europe, STA, Relitatea, Tele Sur, Die Presse, Salzburger Nachrichten, SDA, Blick, Südostschweiz, El Comercial, Vita, Smålandsposten, Desert News, CNN, Helsingin Sanomat, International Business Times, Press TV, Agence Europe, EFE, AFP, DPA, Rompres –Agerpres, The Irish Examiner, Ziarul de Iasi, Europa Press, La Vanguardia, Jurnalul, ACT Media, Russia Today, Trud, MTI, InfoRádió, Adevarul, Vakarų expresas, Evenimentul Zilei, Mediafax, Romania Libera,
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Warsaw Business Journal, Agence Belga - 7 SUR 7, ELTA, Voice of America, Baltic Daily, Bangkok Post, Islamische Zeitung, Swedish Radio, Swedish television, Baltic Daily, Global Post, La Voz, NRC Handelsblad and EUObserver, New Europe).
Extensive coverage was also received by the Human Rights Comment in which the Commissioner stated that penalising women who wear the burqa would not liberate them. The Comment was referred to for several weeks, in particular in media in France, Italy and The Netherlands. News items were published by The Guardian, Deutschlandradio, France 24, N-tv, EFE, TV5 Monde, BBC Italia Oggi7, ANSA, DPA, EFE, AFP, El Pais, New Europe, APA, Der Standard RFI, Europe1, BBC, Die Welt, SDA/ATS, Bulletin Quotidien, NZZ online, Gazet van Antwerpen, Pravo, La Croix, Cape Times, Junge Welt, Le Parisien, Press TV, Stranieri in Italia, Dokument, Onislam, Le Matin, 7 SUR 7 - Agence Belga, Le journal du dimanche, EurActiv, Dom Radio, Virgilio Notizie, Trendstop, Metro, Katholiek Nieuwsblad, Corriere del Ticino, Agenzia Parlamentare, Dagelijkse standaard, Elsevier, Italia Lavoro, Abhaber, AFP, Pakistan Observer, Humanistischer Pressedienst, Morning Star, International Business Times, Il Giornale, Agencia Venezolana de Noticias, Il Levante online, Elsevir, Euractiv, Telegraaf, The Christian Century, Junge Freiheit, Ni putes ni soumises, Berner Zeitung, Jornal de Notícias, Centre Presse, Berliner Zeitung, Il Giorno, TMNews, and Nachrichten.
The report on Italy received extensive coverage, mainly by national media (La Repubblica, Corriere della Sera, Il Sole 24 Ore, Il Fatto Quotidiano, Basler Zeitung, Adevarul, DRS, ANSA, Reuters, EFE, APA, Der Standard, Il Giornale, Notimex, Agence Europe, Agenzia Parlamentare, ASCA, New Europe, RAI TG3, Il Mattino, ADNKronos, Lettera 43, Quotidiano, TGCom, La Stampa, Il Messaggero, SIR Weekly).
The report and work on LGBT persons was widely covered, with several opinion editorials published (Le Monde, Universo gay, Lesben New Europe, Shekulli Ansa, Peshku pa uje, Gay.it, Corriere della Sera, Hürriyet Daily News, EFE, Nouvel Observateur, Romanialibera, Prague Post, Expressen, Dani, STA, Dnevnik, Siol, Têtu, eNewspaper, Il Fatto Quotidiano, SDA/ATS, Cyprus Weekly, Publico, Adn, Il Messaggero, L’Unione Sarda, Publico, L’Humanité).
The report on media freedom in Turkey was covered by comments and articles published by Hurriyet Daily, Today's Zaman, CNN, Reuters, ANSA, Dunya, News, Der Standard, Times.am, APA, Relevant, Panorama, News.az, Pakistan Dayly News, Europa Press, El Ecominista, Ecodiario, News press. SIR, and Reuters.
The Commissioner’s work on the human rights of migrants and asylum-seekers was mentioned by New Europe, Times and the website of the Austrian Volksanwaltschaft, Malta today, TV4, La Croix, The Afronews, El Progreso, News Press, Turun Sanomat, and Cyprus Mail. The Commissioner’s Human Rights Comment on age assessment continued to attract media interest in particular by Weser Kurier, Trouw (cover page) and Telegraaf.
The New York Times, Black Sea Press, Prime-News, Civil Georgia, The Voice of Russia, Georgia Times, Black Sea Press, and The Georgian Times published articles on the Commissioner’s report on the justice system in Georgia.
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The Human Rights Comments on the image of Roma in the media and anti-Roma political rhetoric were covered by APA, Salzburger Nachrichten, Kleine Zeitung, ANSA, Die Presse and SIR. Further coverage on the human rights of Roma and Travellers was given by Reuters, ASCA, The Guardian, Euronews and Press TV.
ANSA, Il Manifesto, Novinite, SIR, EPD, Lextimes, Justice TV, EFE and Ukrainian News mentioned the Human Rights Comment on the need to implement the judgments of the European Court of Human Rights.
The open letter from Hungarian dissidents on freedom of religion in the country, addressed also to the Commissioner, was mentioned by AFP, RTBF, DPA, RTL Marianne, BosNewsLifeSunday, Reformatorisch Dagblad, Budapest Business Journal, Berliner Zeitung, MTI, Politics.hu, Magyar Hirlap, EU Business, EurActiv, Tageblatt, and Neue Zürcher Zeitung.
The Human Rights Comment on pre-trial detention was covered by EFE, Today's Zaman, ASCA, Justice TV, Notizie Radicali, Dnevnik, The Afro news, News Press, Malta Independent and LexTimes.fr
The report on Russia and the letter on freedom of assembly in that country was covered by Ria Novosti, Rosbalt, RBC, Itar-Tass, News Press, TV5 Monde, PIK TV, and The Moscow News. The report on Ireland was covered by The Irish Times, The Irish Examiner, EU Observer, SIR, The Parliament, Public Service Europe, and IHRC.
The Commissioner’s declarations on the situation of human rights defenders in Belarus were mentioned by Associated press, Charter 97, New Europe, Panorama, Turan, PAP, Polskie Radio, Wprost, TVP, and Voice of America.
The observations published on the situation of journalists and human rights activists in Azerbaijan was covered by Reuters, Armtown, RFE, Tert, Turan, and Azeri Report.
Further coverage concerned the Commissioner’s statement on the murder of Natalia Estemirova (ANSA, SIR), media freedom (Le Monde), forced sterilisation (Women's Health Weekly), minorities in Lithuania (The Baltic Course), statelessness (News Press, The Afronews, ITAR-TASS, The Voice of Russia), Children’s rights (Interfax, Kyiv Post, Piattaforma infanzia), the visit to the Slovak Republic (TASR, The Slovak Spectator, Buongiorno Slovacchia) and Islamophobia (Islamische Zeitung and opinion editorial in Le Monde).
The list of Human Rights Comments published so far is as follows:
European media and anti-Gypsy stereotypes – 7 July Judgments issued by the European Court cannot be ignored – 19 July Penalising women who wear the burqa does not liberate them – 20 July Clear laws needed to protect trans persons from discrimination and hatred – 26 July Several hundred thousand people in Europe are stateless – they need extra protection – 2 August Methods for assessing the age of migrant children must be improved – 9 August Excessive use of pre-trial detention runs against human rights – 18 August Ten years of “global war on terror” undermined human rights – also in Europe – 1 September
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Europeans must account for their complicity in CIA secret detention and torture – 5 September Human rights defenders need solidarity from all parts of Europe when repressed by their governments – 12 September Schools must stop spreading homophobic and transphobic messages – 27 September
9. Next three months
October 3-7/10 PACE 4th part
5/10 CommHR Open Discussion “Protection of Journalists in Europe”
10-14/10 Visit to Turkey
18/10 50th anniversary meeting of the European Social Charter (Strasbourg)
19-21/10 Visit to Moldova
20/10 Conference on Roma Holocaust (Chisinau, Moldova)
27-28/10 CommHR roundtable on Human Rights Defenders (Strasbourg)
November 4/11 MDAC roundtable: Preventing Torture and Ill-Treatment against Persons with Disabilities (Strasbourg)
10/11 Fair Trials International Event on pre-trial detention at the European Parliament (Brussels)
14/11 Swedish Forum for Human Rights (Stockholm)
21-27/11 Visit to Ukraine
29/11 Equinet High-Level Meeting of Heads of National Equality Bodies (Brussels)
December 8-13/12 Visit to United Kingdom
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10. Observations and reflections
Work for human rights is never complete. Planning of the programmes has to ensure continuity. Several issues which have been raised during previous quarters must and will be pursued: the support to organisations and individuals who try to defend the rights of others; the reporting on violations of the rights of persons within the Roma and Traveller communities; the follow up on our recommendations for the protection of persons at risk because of their sexual orientation and gender identity; the clarification of the need to take measures against impunity; the identification of political distortion and corruption still remaining in judicial systems; and the definition of media policy issues affecting human rights.
Indeed, on all these issues we have plans for the two forthcoming quarters. These activities will be part of or complemented through a series of country visits. There are still a few member states which I have not been able to visit – and I intend to fill these gaps.
One issue I want to emphasise in particular is the need for a thorough discussion, also in the Committee of Ministers, on the situation of elderly people in Europe and the threat against their rights. This subject has of course become more urgent in view of the rapid demographic changes and the increase of the proportion of older people among populations in Europe.
There are exceptions, but generally I have noticed that the older generations have been forced to take much of the burden of recent economic problems and the austerity budgets. I have seen signs of deep old-age-poverty in several countries. Many of the victims are women, often with very minimal pensions.
The situation in care homes for elderly persons differs greatly, but there are institutions which are substandard and where the residents are not well taken care of – and in some cases even abused or neglected.
At the same time there is a generation of younger elderly who are fit and active and who would like to continue in their jobs or in other ways contribute to the development and welfare of society – but are no longer welcome in this role. This is also a loss for the community as a whole; experience and competence are wasted.
I have concluded that there is a need for a deeper discussion on the rights of older people. Indeed, their human rights could get better treaty support and be more effectively supported by new or reformed international/European institutions. I sincerely hope that the Committee of Ministers would respond to this important challenge.
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