Office of the High Commissioner for | www.ohchr.org SPECIAL PROCEDURES BULLETIN Second Issue: May-August 2006 HIGHLIGHTS: HUMAN RIGHTS COUNCIL Dialogue between the Human Rights In this issue: Council and Mandate Holders during Communications Statistics …... 2 the First Session of the Human Rights Country Visits ………………2 - 7 Council (19-30 June 2006) Forthcoming and Requested On 23 June, the newly established Human Rights Council held a dialogue Visits ……………….....…… 7 - 8 with the Chair of the Coordination Committee of the Special Procedures, Highlights …………….……...1, 9 Mr. Vitit Muntarbhorn, the Vice-Chair of the 57th session of the Sub- Press Statements……….…10 - 13 Commission, Mr. Ibrahim Salama, and the Chair of the 18th Meeting of Chairpersons of the Human Rights Treaty Bodies, The Special Procedures Bulletin Ms. Christine Chanet. Mr. Muntarbhorn delivered a statement provides a general overview on the on behalf of mandate-holders asking for Special Procedures to be main activities of Special actively involved in the process of the review of mandates which Procedures. The next issue of the the Council is to complete within one year in accordance with Bulletin, covering September – GA resolution 60/251. December 2006, will be issued in CONTINUED ON PAGE 9 January 2007 and, beginning in ______2007, it will be issued quarterly.

How to send information to How to find information on Special Special Procedures Procedures

SPECIAL PROCEDURES BRANCH To learn more about Special Procedures, consult Fact Sheet c/o OHCHR-UNOG no. 27 (Seventeen Frequently Asked Questions about United 8-14 Avenue de la Paix Nations Special Rapporteurs) available at : 1211 10 http://www.ohchr.org/english/about/publications/sheets .htm

Fax : +41 22 917 90 06 Or contact: E-mail : [email protected] PUBLICATIONS UNIT http://www.ohchr.org/english/bodies c/o OHCHR-UNOG Tel: +41 22 917 92 24 /chr/special/index.htm 8-14 Avenue de la Paix Fax: +41 22 917 90 10 1211 Geneva 10 E-mail: [email protected] For information on how to submit Switzerland communications, please visit the OHCHR website under Human Rights The OHCHR website contains more information on specific Bodies/ Special Procedures. mandates under Human Rights Bodies/ Special Procedures, with pages devoted to each Special Procedure including Please specify which special details on the mandate, how to submit information, country procedure(s) mechanism the information visits, links to reports, etc. is addressed to in the subject line of the e-mail or fax, or on the envelope. Further information can also be obtained by contacting: [email protected] SPECIAL PROCEDURES BULLETIN | May-August 2006 COMMUNICATIONS Some special procedures mechanisms intervene The decision to intervene is at the discretion of the directly with Governments on specific allegations special procedure mandate holder and depends on of human rights violations that come within their criteria established by him/her. Criteria generally mandates. The intervention can relate to a human relate to the reliability of the source and the rights violation that has already occurred, is credibility of information received; the details ongoing, or which has a high risk of occurring. provided; and the scope of the mandate itself. The process generally involves sending a letter to Mandate holders may send joint communications the concerned Government requesting when the case falls within the scope of more than information and comments on the allegation and one mandate. The OHCHR’s Special Procedures that preventive or investigatory action be taken. Quick Response Desk coordinates communications and keeps relevant databases updated. 2005 COMMUNICATIONS May-August 2006 COMMUNICATIONS 1,049 Total number of communications sent 481 Total number of communications sent 53% Joint Communications, with 394 Joint 44% Joint Communication, with 151 Joint Urgent Actions and 156 Joint Letters of Urgent Actions and 62 Joint Letters of Allegation Allegation 890 Individual cases covered, 16% of them Individual cases covered, 14% of 2,545 were women them were women 118 Countries received communications 137 Countries received communications COUNTRY VISITS ADEQUATE HOUSING OHCHR WEBSITE PAGE ON SPECIAL VISIT TO AUSTRALIA BY THE SPECIAL PROCEDURES COUNTRY VISITS RAPPORTEUR ON ADEQUATE HOUSING http://www.ohchr.org/english/bodies/chr/special /visits.htm The Special Rapporteur on adequate housing An alphabetical table of country visits by Special as a component of the right to an adequate Procedures Mandate holders since 1998 is standard of living, Mr. Miloon Kothari, visited available on this page as well as a list of all Australia from 31 July to 15 August. In the countries having extended standing invitations to press statement issued on 23 August, he all the thematic procedures. As of August 2006, 56 identified a serious hidden national housing countries have extended standing invitations. crisis affecting many sections of the population. The Special Rapporteur urged the A compilation of recommendations of Special Government to urgently address the situation Procedures by country is also available. of a number of vulnerable groups including homeless people, women, children, people Adequate housing continued … with disabilities and health problems in advocacy on housing issues, have lost or may (including mental health), people with low lose their funding in the future. income, refugees and asylum-seekers, migrants, prisoners and persons released from detention, youth, elderly, persons with complex needs (e.g. HIV/AIDS, sexual ARBITRARY DETENTION minorities), single parents and individuals VISIT TO NICARAGUA BY THE WORKING and communities in rural and remote areas. GROUP ON ARBITRARY DETENTION The Special Rapporteur particularly expressed The Working Group on arbitrary detention, his concern about poor housing conditions in represented by Ms. Manuela Carmena Castrillo indigenous communities and urged the visited Nicaragua from 15 to 22 May. She Government to address what he considered a visited detention centres and held interviews humanitarian tragedy. The Special Rapporteur with detainees in the capital, Managua, as well was also troubled by information that some as in the Bluefields and Estelí prisons. civil society organizations, which have criticized Government policy or engaged

2 SPECIAL PROCEDURES BULLETIN | May-August 2006

VISIT TO HONDURAS BY THE WORKING CONTEMPORARY FORMS GROUP ON ARBITRARY DETENTION The Working Group on arbitrary detention, OF RACISM represented by its Chairperson-Rapporteur, VISIT TO THE RUSSIAN FEDERATION BY THE Ms. Leïla Zerrougui, and another member, SPECIAL RAPPORTEUR ON RACISM Ms. Manuela Carmena Castrillo, visited The Special Rapporteur on contemporary forms Honduras from 23 to 28 May. In the press of racism, racial discrimination, xenophobia statement issued on 2 June, they noted with and related intolerance, Mr. Doudou Diène, satisfaction that the new criminal procedure visited the Russian Federation from 11 to 17 code, which entered into force in 2002, had June. He noted that there is no State policy several positive effects. However, they against racism in Russia. Racism and expressed concern about 1,800 persons who xenophobia are trends penetrating the Russian remained in detention. The experts further society. This is mainly visible in the increase of noted that the police had excessive powers in highly violent racially motivated incidents, the criminal justice system whereas the Office including several deaths. He encouraged the of the Prosecutor exercised only weak control creation of a national institution, which would over the investigative police. They claimed include governmental and non governmental that this situation seriously jeopardized the actors, in charge of fighting racism, the integrity of the criminal process, which elaboration of a political and legislative requires effective checks and balances. strategy, based on strong political will, and the Moreover, a number of cases were reported to strengthening of legal and judicial mechanisms the Working Group delegation in which the to combat racism. maximum length of detention on remand appeared to have been exceeded. The experts finally expressed deep concern regarding EXTRAJUDICIAL, SUMMARY OR flaws in the Government's strategy to fight ARBITRARY EXECUTIONS violent youth gangs. VISIT TO GUATEMALA BY THE SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, CHILDREN AND SUMMARY OR ARBITRARY EXECUTIONS ARMED CONFLICT The Special Rapporteur on extrajudicial, summary or arbitrary executions, Mr. Philip VISIT TO UGANDA BY THE SPECIAL Alston, visited Guatemala from 21 to 26 REPRESENTATIVE ON CHILDREN AND August. In the press statement, issued on 24 ARMED CONFLICT August, he observed that although Guatemala The Special Representative of the Secretary- has made enormous achievements in the past General on Children and Armed Conflict, Ms. ten years, there are now more killings per day Radhika Coomaraswamy, visited Uganda than there were during the conflict. These from 4 to 10 June. In the press release issued killings, which official estimates place at 5,000 on 10 June, she indicated with great per year but likely are much higher, have satisfaction that an agreement was reached created a widespread sense of insecurity with President Musevini, on 10 June, to amongst the population. The Special strengthen the existing legal and policy Rapporteur asserted that the crucial issue is framework on the recruitment and use of how to respond to this insecurity. The children in armed conflict. She found that the universally agreed challenge is to end LRA's recruitment and use of children, as well impunity—the fact that those who kill can get as other abuses, is perhaps the worst possible away with it and have no reason not to violation with regard to children and armed continue and even escalate their murderous conflict in Uganda. She condemned these ways. In encouraging adherence to the violations and pledged to assist the provisions of the Peace Accords and International Criminal Court (ICC) in dealing development of an effective justice system, the with these issues. She also found that in Gulu Special Rapporteur noted that although all of and Pader, children have been absorbed into the formal rhetoric of the political parties Local Defense Units as well as the Uganda endorses this approach, almost every Peoples Defence Forces. component part of such a system is either under-funded or dysfunctional or both.

3 SPECIAL PROCEDURES BULLETIN | May-August 2006

Indigenous People continued … FREEDOM OF RELIGION recognition by the authorities of the atrocities VISIT TO THE MALDIVES BY THE SPECIAL committed during the armed conflict. He also RAPPORTEUR ON FREEDOM OF RELIGION noted that racism and discrimination against The Special Rapporteur on freedom of religion indigenous peoples in Guatemala was still or belief, Ms. Asma Jahangir, visited the deeply rooted in society. He found the situation Maldives from 6 to 10 August. In the press of indigenous women and children particularly statement issued on 9 August, she noted with worrisome. He observed delays in the satisfaction the desire of the people to implementation of the Accord on Identity and maintain peace and harmony within their the Rights of Indigenous Peoples. He added society. However, she was deeply concerned that the Administration of Justice system about the fact that open and honest discourse required important and urgent support to on the question of freedom of religion or belief ensure access to justice for indigenous people, was vigorously denied and the few who dared and in particular for indigenous women. In this to raise their voices were denounced and context, he recommended that special attention threatened. Furthermore, while welcoming the be paid to indigenous customary law. adoption of the Law on the Human Rights Commission on 8 August 2006, she criticized the fact that being Muslim was a requirement INTERNALLY DISPLACED for the qualification of the members of the PERSONS Human Rights Commission, in violation of the VISIT TO COLOMBIA BY THE SPECIAL Principles relating to the status and REPRESENTATIVE ON THE HUMAN RIGHTS functioning of national institutions for OF INTERNALLY DISPLACED PERSONS protection and promotion of human rights ( Principles). The Secretary-General’s Special Representative on the human rights of internally displaced persons, Mr. Walter Kälin, visited Colombia INDIGENOUS PEOPLE from 15 to 28 June. In the press release issued VISIT TO ECUADOR BY THE SPECIAL on 27 June, he declared that Colombia was a RAPPORTEUR ON INDIGENOUS PEOPLE country with commendable legislation and a far-reaching policy framework on internal The Special Rapporteur on the situation of displacement. However, he was troubled by the human rights and fundamental freedoms of existence of a gap between law and practice. In indigenous people, Mr. Rodolfo Stavenhagen, particular, he expressed deep concern about the visited Ecuador from 28 April to 5 May. In a disproportionate impact of displacement on press release issued on 5 May, he concluded indigenous and Afro-Colombian communities that indigenous peoples remained in a and the increasing phenomenon of inter- and situation of poverty and lacked adequate intra-urban displacement. Furthermore, he access to basic social services such as expressed concern about acts of violence or education and health despite the economic intimidation against many persons defending growth of the last years. Furthermore, he was the human rights of the displaced as well as distressed by the lack of regulations regarding against the leaders of displaced or returnee indigenous justice, and by the progressive communities. deterioration of indigenous habitat due to extractive activities on the environment of VISIT TO UGANDA BY THE SPECIAL indigenous peoples, in particular in the Amazonian region of Ecuador. REPRESENTATIVE ON THE HUMAN RIGHTS OF INTERNALLY DISPLACED PERSONS FOLLOW UP VISIT TO GUATEMALA BY THE The Secretary-General’s Special Representative on the human rights of internally displaced SPECIAL RAPPORTEUR ON INDIGENOUS persons, Mr. Walter Kälin, visited Uganda from PEOPLE 29 June to 4 July. In the press statement issued The Special Rapporteur on the situation of on 4 July, he welcomed the National Policy for human rights and fundamental freedoms of Internally Displaced Persons, but asserted that indigenous people, Mr. Rodolfo Stavenhagen, special efforts were needed to implement it. undertook a follow-up visit to Guatemala The Special Representative remained concerned from 15 to 18 May to examine the about serious problems in IDP camps such as implementation of relevant provisions on poor health and sanitation conditions, lack of indigenous rights in the Peace Accords of access to schools and availability of teachers, 1996. He noted with satisfaction the public (continued on next page)

4 SPECIAL PROCEDURES BULLETIN | May-August 2006

IDPs continued … OPT continued… and high levels of sexual and gender-based against the Palestinian violence. He strongly urged the Government Authority, its agencies and projects since to deploy sufficient numbers of civilian police Hamas won the elections for the Palestinian in all parts of Northern Uganda, to rebuild Legislative Council. He underscored that this and strengthen the judiciary, and to provide economic strangulation had a severe impact on the local governments with the human the life of Palestinians. He also indicated that resources and financial capacities to fulfill Gaza was under siege and that the targeted their obligations. He recommended that the killing of militants was on the increase. He on-going process of camp decongestion and noted with great concern that in the West Bank, returns should respect the needs, concerns, the construction of the Wall continued, with a and choices of IDPs and be done in parallel severe impact on human rights. The Special with the re-establishment of civil Rapporteur noticed an increase in the number infrastructure and services and the provision of checkpoints and was appalled by the of transitional assistance. intensification of Israeli control over the Jordan Valley and the expansion of settlements in the MINORITY ISSUES area. VISIT TO HUNGARY BY THE INDEPENDENT EXPERT ON MINORITY ISSUES SUDAN The Independent Expert on minority issues, VISIT TO SUDAN BY THE SPECIAL Ms. Gay McDougall, visited Hungary from 26 RAPPORTEUR ON THE SITUATION OF HUMAN June to 4 July. In the press statement issued RIGHTS IN SUDAN on 4 July, she welcomed the fact that national The Special Rapporteur on the situation of legislation and institutional structures in human rights in Sudan, Ms. Sima Samar, visited Hungary have raised the focus on the social Sudan from 12 to 19 August. In the press circumstances of Roma to the highest levels of statement issued on 17 August, she noted a government. In particular, she highlighted the number of positive developments. However, Governmental decision made in 2002 to bring she expressed concern that efforts to reform Roma professionals into the ministries to several laws related to criminal justice, the shape policy decisions and assist police and human rights amongst other topics, implementation. However, she considered to bring all laws in line with the Interim that essential steps were still needed to National Constitution and international human comprehensively address widespread societal rights law have not progressed. She was discrimination and anti-Roma prejudice. Thus, extremely disturbed by the situation in North she expressed deep concern about the decision and West Darfur, including killings of civilians, of the newly re-elected Government to rape and displacement, as well as the impunity dismantle its current institutional focus on which surrounds these crimes. She reported Roma issues, in favour of a broad-based policy accounts that there is high insecurity both to address 'disadvantaged groups'. Indeed, within and outside the IDP camps in North and she feared that it could lead to an erosion of West Darfur—concerns which have not been progress on Roma issues that require urgent addressed by the local authorities. She drew and focused attention. attention to the forced relocation of 12 thousand residents in the Dar Essalaam squatter camp in OCCUPIED PALESTIAN Al Jazeera state, resulting in some arrests and TERRITORY reports of deaths and injuries. VISIT TO THE OCCUPIED PALESTINIAN TORTURE TERRITORY (OPT) BY THE SPECIAL VISIT TO JORDAN BY THE SPECIAL RAPPORTEUR ON HUMAN RIGHTS IN THE RAPPORTEUR ON TORTURE OPT The Special Rapporteur on torture, Mr. The Special Rapporteur on the situation of Manfred Nowak, visited Jordan from 25 to 29 human rights in the Palestinian territories June. In the press statement issued on 29 June occupied since 1967 (OPT), Mr. John Dugard, he noted that there was general impunity for visited the OPT from 9 to 17 June. In the press torture and ill-treatment in Jordan. The Special statement issued on 21 June, he noted that Rapporteur identified three main issues: the respect for human rights had substantially absence of the crime of torture in accordance deteriorated in the OPT due to drastic (continued on next page)

5 SPECIAL PROCEDURES BULLETIN | May-August 2006

Torture continued … Mercenaries continued … with article 1 of the Convention against Torture; concerned about reports that actions taken by the lack of a functioning complaints mechanism indigenous people to claim their legitimate to report and seek effective redress for acts of rights have been considered as acts of terrorism torture; and a weak legal system in which the and sabotage by the army. The Working Group ordinary prosecutors and criminal courts have also noted reports about airborne fumigation no competence to bring to justice public activities carried out by private security officials accused of torture. companies working in connection with Plan Colombia, and the resulting harm caused to the USE OF MERCENARIES population and the environment along the border zone with Ecuador. VISIT TO HONDURAS AND ECUADOR BY THE WORKING GROUP ON THE USE OF MERCENARIES VIOLENCE AGAINST WOMEN The Working Group on the use of mercenaries VISIT TO TURKEY BY THE SPECIAL as a means of violating human rights and RAPPORTEUR ON VIOLENCE AGAINST impeding the exercise of the rights of peoples to WOMEN self-determination, represented by Ms. Najat The Special Rapporteur on violence against Al-Hajjaji, Ms. Amada Benavides de Pérez, Mr. women, its causes and consequences, Ms. Yakin José Luis Gómez del Prado, Ertürk, visited Turkey from 22 to 31 May to Mr. Alexander Nikitin, and Ms. Shaista examine suicides of women in Batman. In the Shameem, visited Honduras and Ecuador from press release issued on 31 May, she stated that 21 August to 1 September. In the press the majority of women in the provinces she statement concerning the visit to Honduras, visited live lives determined by a patriarchal issued on 28 August, the Working Group normative order that draws its strength from welcomed the cooperation of the Government reference to tradition, culture and tribal and observed a number of positive steps aimed affiliation and often articulates itself on the at regulating private security companies in basis of distorted notions of honour. Diverse national legislation and practice. The Working forms of violence are deliberately used against Group expressed concern about reports that women who are seen to transgress this order. Honduran and Chilean nationals have been Suicides of women in the region occurred in recruited by private firms that are subsidiaries this context. of foreign-based companies have been trained in Honduras and then sent to to work as VISIT TO SWEDEN BY THE SPECIAL security guards. The reports indicate irregularities of contracts, harsh working RAPPORTEUR ON VIOLENCE AGAINST conditions with excessive working hours, WOMEN partial or non payment of remuneration, ill- The Special Rapporteur on violence against treatment and isolation, and lack of basic women, its causes and consequences, Ms. Yakin necessities such as medical treatment and Ertürk, visited Sweden from 12 to 21 June. In sanitation. the press statement issued on 21 June, she noted with satisfaction that Sweden had a firm equal In the press statement concerning the visit to opportunity framework and that the legislative Ecuador, issued on 1 September, the Working and institutional response of the authorities to Group reported on its meetings and various violence against women in Sweden was steps taken by the Government to regulate and impressive. However, she observed that monitor the activities of national and violence against women remained a transnational private security firms. The mainstream problem in Sweden due to deeply Working Group drew attention to the rooted patriarchal gender norms. She was increasing phenomenon of the recruitment of distressed by the fact that women with alcohol nationals from countries in the region by or drug problems, women with disabilities or subsidiaries of transnational companies with mental illness, lesbian women, Saami women, legal personality in another country, and women from immigrant communities and providing services in a third country. women in prostitution, remained largely Concerning the army’s protection of wells, excluded from public policy measures. pipelines and other facilities owned by oil companies, the Working Group noted the Government’s efforts to protect the rights of indigenous communities, but remained

6 SPECIAL PROCEDURES BULLETIN | May-August 2006

VISIT TO THE NETHERLANDS BY THE Violence against women continued … SPECIAL RAPPORTEUR ON VIOLENCE which enabled improved protection of women in AGAINST WOMEN the sex industry. Yet, she underscored that illegal circuits remained and therefore recommended The Special Rapporteur on violence against support for the empowerment of women to allow women, its causes and consequences, Ms. them to transform the sex sector. She also Yakin Ertürk, visited the Netherlands from 2 expressed deep concern about the impact of to 11 July. In the press statement issued on 11 stringent procedures on asylum seekers and the July, she stated that the Netherlands had long fact that the women are asked to positively been a champion of gender equality and the demonstrate that their very trauma prevented human rights of women. However, she noted them from reporting their experience to the with regret that men consider violence authorities. She was also distressed by reports of against women as an issue of the private suicides and missing persons, especially minors sphere. Furthermore, she commended the girls in return centres for rejected asylum-seekers. legal reforms on trafficking and prostitution, She feared that they may have been trafficked. FORTHCOMING VISITS

Bahrain (trafficking) October 2006 Liberia (human rights in Liberia) November Burundi (human rights in Burundi) October 2006 2006 Mongolia (human rights in the Democratic Cambodia (human rights in Cambodia) People’s Republic of Korea) December 2006 November-December 2006 Oman (trafficking) October 2006 Ethiopia (minorities) November-December 2006 Paraguay (torture) November 2006 Guatemala (disappearances) September 2006 Qatar (trafficking) October 2006 Indonesia (migrants) December 2006 Republic of Korea (human rights in the Italy (racism) October 2006 Democratic People’s Republic of Korea) Japan (human rights in the Democratic People’s December 2006 Republic of Korea) December 2006 Republic of Korea (migrants) December 2006 Kenya (indigenous peoples) December 2006 Spain (housing) November – December 2006 Lebanon () September 2006 Turkey (arbitrary detention) October 2006 Lebanon & Israel (joint visit: adequate Ukraine (sale of children) October 2006 housing, defenders, IDPs, summary executions & health) September 2006

SPECIAL SESSIONS OF THE HUMAN RIGHTS COUNCIL

Occupied Palestinian Territory: Lebanon: On 5 and 6 July, the Human Rights Council met for On 11 August, the Human Rights its first special session at the request of the Arab Council devoted its second special Group to address the situation of human rights in session to the situation in Lebanon and the Palestinian and other Arab Occupied Territories adopted a resolution on the grave (OPT). The Special Rapporteur on the situation of situation of human rights caused by human rights in the Palestinian territories occupied Israeli military operations. The since 1967, Mr. John Dugard, was invited to the resolution decided to establish and Council to present his findings from his visit to the immediately dispatch a high-level OPT in June 2006. The resolution, adopted on 6 July commission of inquiry of eminent by a recorded vote of 29 votes in favour, 11 against experts on human rights law and and 5 abstentions, decided to dispatch an urgent international humanitarian law. fact-finding mission headed by the Special Rapporteur.

7 SPECIAL PROCEDURES BULLETIN | May-August 2006 REQUESTED AND ACCEPTED VISITS

VISIT REQUESTS ACCEPTED / INVITATIONS May-August 2006 May-August 2006

Algeria Mongolia (education) (violence Israel (religion) Russian Federation (disappearances) Nepal (summary against women) Japan (trafficking) (IDPs, disappearances) Azerbaijan (IDPs) executions) Angola (housing) Latvia (racism) Senegal (defenders) Bangladesh (minorities) Nicaragua (summary Argentina (freedom of Sierre Leone (summary Belarus (freedom of executions) (disappearances) expression) executions) expression) Philippines (counter Australia (migrants) Lithuania (racism) Sri Lanka (torture, Bolivia (education) terrorism, summary Bangladesh (religion) Malaysia (education) freedom of expression) Brazil (summary executions, right to Belarus (trafficking) Maldives (defenders, South Africa (migrants, executions) food) Bolivia (torture) independence of judges counter-terrorism, food, Cambodia Timor-Leste (torture) Bosnia and and lawyers) housing) (independence of judges Thailand (minorities, Herzegovina Mali (defenders) Sudan (freedom of and lawyers) sale of children) (education) Mauritius (religion) expression) Colombia (mercenaries) Turkmenistan (health, Burundi (human rights Mexico (sale of Tajikistan (religion) Dominican Republic education) in Burundi) children, defenders) Tanzania (economic (joint visit: racism & United Arab Emirates China (religion, Mongolia (education) reform, poverty) minorities) (education) poverty) Morocco (housing, Thailand (joint visit: El Salvador (summary Uzbekistan (torture) Democratic Republic education) sale of children & executions) (food) of Congo (defenders) Nicaragua (racism) trafficking) Honduras (summary Ecuador (mercenaries) Nigeria (torture, Timor-Leste (IDPs, executions) El Salvador independence of judges summary executions) Liberia (torture) (disappearances) and lawyers, violence Togo (torture, Estonia (racism) against women, IDPs, summary executions, Guatemala (education, trafficking) defenders) defenders) Palestinian Authority Uganda (health, Guyana (food) (summary executions) development, poverty) Honduras Paraguay Ukraine (toxic waste, (disappearances) (independence of freedom of expression) Indonesia (structural judges and lawyers) United Kingdom adjustment, defenders, Peru (mercenaries, (religion) torture) summary executions) United States of Iran (religion, Philippines (housing, America (migrants) disappearances, poverty) Venezuela (defenders) arbitrary detention) Romania (education) Zimbabwe (violence Iraq (defenders) against women)

DECISIONS OF THE HUMAN RIGHTS COUNCIL AFFECTING SPECIAL PROCEDURES On 29 June, the Human Rights Council adopted Decision 102 to extend “exceptionally for one year, subject to the review to be undertaken by the Council [. . .] the mandates and the mandate- holders of all the Commission’s special procedures [. . .]”

On 29 June, the Human Rights Council adopted Decision 104 to “establish an open-ended intergovernmental working group to formulate concrete recommendations on the issue of reviewing and, where necessary, improving and rationalizing all mandates, mechanisms, functions and responsibilities in order to maintain a system of special procedures, [. . .] through open-ended, intersessional, transparent, well scheduled and inclusive consultations, with the participation of all stakeholders [. . . ]”

8 SPECIAL PROCEDURES BULLETIN | May-August 2006 HIGHLIGHTS Dialogue between the Human All decisions and statements from the Human Rights Council can be found on Rights Council and Mandate the OHCHR website on the extranet of the Holders during the First Human Rights Council. ______Session of the Human Rights Annual Meeting continued … of five mandate holders on the Guantánamo Council (19-30 June 2006) Detention Center. CONTINUED FROM PAGE 1 … He also emphasized the need to define the role of the special procedures with regard to the World Press Freedom Day Universal Periodic Review (UPR), which On 2 May, on the occasion of World Press should draw on the findings and Freedom Day, the Special Rapporteur on the recommendations of the special procedures as promotion and protection of the right to well as treaty bodies. On 29 June, the Council freedom of opinion and expression, Mr. Ambeyi decided to extend all mandates for one year, Ligabo, and his counterparts at the Organization subject to review. The Council also adopted a of American States, the Organization for decision to establish two open-ended Security and Co-operation in Europe, and the intergovernmental working groups African Commission on Human and People's respectively, on the review of mandates, and to Rights, issued a joint statement commending the develop the modalities of the universal periodic vital role played by the press for the review mechanism. advancement of democracy and human rights. This event was also an opportunity to recall that in 2005, the world recorded the highest number Special Procedures 13th of journalists and other media professionals Annual Meeting (19-23 June 2006) killed or injured in the line of duty. The four Special Procedures mandate holders gathered Special Rapporteurs called upon all in Geneva for their annual meeting to discuss governments to combat impunity with regard to their work and exchange views on their violence against journalists and media experiences. They discussed the role of Special personnel, by bringing to justice those Procedures in the context of the Human Rights responsible for attacks against them, and by Council, in particular with regard to the review taking measures that enable journalists and of mandates and the universal periodic review. media personnel to continue providing Mandate holders addressed a statement to the information freely and independently. All Human Rights Council focusing on the role of journalists detained because of their media- special procedures within the new institution. related activities should be released They also elected the new Coordination immediately. Committee consisting of: Vitit Muntarbhorn (Chairperson of the thirteenth meeting), Gay Adoption of instruments on McDougall (Rapporteur of the thirteenth meeting), Charlotte Abaka, Amada Benavides disappearances and on de Perez, Asma Jahangir, and Philip Alston (ex officio member). The meeting was an occasion indigenous peoples for mandate holders to discuss preliminary On 29 June, the Human Rights Council adopted remarks on the draft of the revised Manual for the International Convention for the Protection Special Procedures Mandate Holders, which of All Persons from Enforced Disappearance will be posted on the internet for comments and the Declaration on the Rights of Indigenous from all partners, to exchange views with Peoples. The General Assembly will consider partners (NGOs, treaty bodies, OHCHR these instruments during its 61st session. branches), and to discuss the joint report

9 SPECIAL PROCEDURES BULLETIN | May-August 2006 PRESS STATEMENTS DETENTION OF POLITICAL OPPONENTS IN Myanmar continued … BELARUS targeting civilians in Northern Karen and On 2 May, the Special Rapporteur on the Eastern Pegu areas, which have led to the situation of human rights in Belarus, Mr. forcible eviction and displacement of thousands Adrian Severin, expressed grave concern over of ethnic minority villagers. the detention of opposition leaders who were arrested in Minsk on 27 April 2006, and PLAN OF ACTION FOR HUMAN RIGHTS sentenced to 15 days in prison on charges of EDUCATION organizing and participating in an On 23 May, the Special Rapporteur on the right unauthorized protest rally, following their to education, Mr. Vernor Muñoz Villalobos, participation in a march to protest the appealed to States to take all necessary Government's management of the Chernobyl measures to ensure that human rights nuclear accident of 1986. education is integrated into the primary and secondary schools system. He noted that the AID CUT FOR MILLIONS OF SUDANESE plan of action for the first phase (2005-2007) of On 9 May, following the decision of the United the World Programme for Human Rights Nations to cut food Education will contribute to the goal of rations for millions of Sudanese due to a huge universal primary education by promoting shortfall in requested funds, the Special human rights-based learning. Rapporteur on the right to food, Mr. Jean Ziegler, issued a statement to appeal to Member POLITICAL IMPRISONMENTS IN MYANMAR States to immediately honour their legal On 26 May, the Special Rapporteur on the obligations and ensure the realization of the situation of human rights in Myanmar, Mr. right to food of the suffering populations, in Paulo Sergio Pinheiro, issued a statement to close collaboration with the authorities of appeal to the Government of Myanmar to Sudan. release Ms. Daw Aung San Suu Kyi, the General-Secretary of the National League for UPSURGE IN VIOLENCE IN MOGADISHU Democracy and Nobel Peace Prize Laureate, On 12 May, the Independent Expert on the who has been detained for 10 of the last 16 situation of human rights in Somalia, Mr. years without charge or trial for her peaceful Ghanim Alnajjar, issued a statement to advocacy of fundamental democratic freedoms. condemn the serious upsurge in violence He also called for the release of all remaining against civilians caused by fighting between political prisoners. heavily-armed militia forces in Mogadishu’s northern neighbourhoods. On 19 June, during the inauguration of the Human Rights Council, the Special Rapporteur COUNTER-INSURGENCY OPERATIONS TARGET on the situation of human rights in Myanmar, CIVILIANS IN MYANMAR Mr. Paulo Sergio Pinheiro, and the Special Representative of the Secretary-General on On 16 May, the Special Rapporteur on the human rights defenders, Ms. Hina Jilani issued situation of human rights in Myanmar, Mr. a press statement to observe the birthday of Ms. Paulo Sergio Pinheiro, the Independent Expert Daw Aung San Suu Kyi. on minority issues, Ms. Gay McDougall, the Special Rapporteur on torture, Mr. Manfred Nowak, the Special Rapporteur on adequate FORCED EVICTIONS IN KARACHI housing as a component of the right to an On 26 May, the Special Rapporteur on adequate adequate standard of living, Mr. Miloon housing as a component of the right to an Kothari, the Special Rapporteur on the right to adequate standard of living, Mr. Miloon food, Mr. Jean Ziegler, and the Special Kothari, issued a statement to condemn the Rapporteur on the right to the enjoyment of the wave of forced evictions in connection with the highest attainable standard of physical and construction of the Lyari Expressway in mental health, Mr. Paul Hunt, issued a joint Karachi, India, leading to the destruction of statement to appeal to the Government of thousands of houses since the beginning of this Myanmar to take urgent measures to end the year. Reportedly, the Karachi City Government counter-insurgency military operations is planning to demolish and evict inhabitants of

10 SPECIAL PROCEDURES BULLETIN | May-August 2006

India continued … Republic of Korea continued … another 6,000 housing units in 20 different the benefit of any of the procedural safeguards informal settlements throughout the city. When required by international human rights law. completed, the Lyari Expressway project allegedly will have rendered an estimated WORLD ENVIRONMENT DAY (June 5) 250,000 people homeless. On 2 June, the Special Rapporteur on adverse effects of the illicit movement and dumping of VIOLATIONS OF HUMAN RIGHTS OF BASSAC toxic and dangerous products and wastes on RESIDENTS IN CAMBODIA the enjoyment of human rights, Mr. On 30 May, the Secretary-General's Special Okechukwu Ibeanu, issued a statement to Representative on human rights defenders, Ms. express his deep concern about impunity for Hina Jilani, and the Special Rapporteur on violations of human rights around the world adequate housing as a component of the right due to the illicit movement and dumping of to an adequate standard of living, Mr. Miloon toxic and dangerous products and wastes. He Kothari, issued a statement expressing their explained that in the industrialized countries, grave concern about the process of evictions the classic disposal options, namely land filling taking place in the Bassac river area in Phnom and incineration, are being subjected to Penh, Cambodia, as part of a plan to redevelop restrictions, bans or phase-outs, principally the land, claimed to be the property of a private because they are widely rejected by the company. They noted that this process has population. Therefore, there is increased already rendered several hundred families pressure to export waste to poor and remote homeless and living in open air. The experts areas. called for a halt to these evictions and for immediate action to ensure that these families RELEASE OF HUMAN RIGHTS DEFENDER SU have access to adequate housing consistent SU NWAY IN MYANMAR with Cambodia’s human rights obligations. On 7 June, the Special Rapporteur on the situation of human rights in Myanmar, Mr. On 29 June, the Special Rapporteur on adequate Paulo Sergio Pinheiro, expressed his great housing as a component of the right to an satisfaction about the release of human rights adequate standard of living, Mr. Miloon defender, Ms. Su Su Nway, on 6 June, and Kothari, and the Secretary-General's Special appealed to the Government of Myanmar to Representative on human rights defenders, Ms. unconditionally release all remaining prisoners Hina Jilani, reiterated their condemnations of of conscience. Su Su Nway was the first person the forced evictions targeting poor and in Myanmar to successfully prosecute local vulnerable people in the capital Phnom Penh, government officials for imposing forced carried out with complete disregard for labour. Subsequently, she was prosecuted by Cambodia’s human rights obligations, as well other local officials for alleged criminal as the denial of access by, and help from, non- intimidation. She has been imprisoned since governmental organizations to the victims. October 2005.

DEATH SENTENCE WITHOUT TRIAL IN PUBLIC EXECUTION FOLLOWING ILLEGAL DEMOCRATIC REPUBLIC OF KOREA TRIAL IN AFGHANISTAN On 31 May, the Special Rapporteur on On 8 June, the Special Rapporteur on the extrajudicial, summary or arbitrary executions, independence of judges and lawyers, Mr. Mr. Philip Alston, the Chairperson-Rapporteur Leandro Despouy, issued a press statement to of the Working Group on arbitrary detention, condemn the execution of an alleged murderer, Ms. Leila Zerrougui, the Special Rapporteur on Badshah Khan, in front of a large crowd torture, Mr. Manfred Nowak, and the Special following a trial by a local Taliban court. He Rapporteur on the situation of human rights in stated that the administration of justice was a the Democratic People's Republic of Korea, Mr. function that clearly belongs to the State of Vitit Muntarbhorn, issued a joint press Afghanistan, and therefore considered it statement to express their dismay at the refusal entirely unacceptable for a non-state entity, of the Government to respond in any such as the Taliban, to exercise a state function meaningful way to concerns expressed about by trying and punishing an alleged criminal. the scheduled execution of Son Jong Nam for He further declared that the return to the alleged treason. He was reportedly tortured by practice of making a public spectacle of the the National Security Agency and then execution harked back to the worst excesses of sentenced to death without a trial and without the old regime.

11 SPECIAL PROCEDURES BULLETIN | May-August 2006

ATTACKS AGAINST THE JUDICIARY IN EGYPT World Urban Forum continued … On 14 June, the Special Rapporteur on the forced evictions as a means of achieving independence of judges and lawyers, Mr. ‘development’. Leandro Despouy, the Special Representative of the Secretary-General on human rights FORCED DISPLACEMENT IN EASTERN CHAD defenders, Ms. Hina Jilani, and the Special On 26 June, the Special Representative of the Rapporteur on the promotion and protection of Secretary-General on the human rights of the right to freedom of opinion and expression, internally displaced persons, Mr. Walter Kälin, Mr. Ambeyi Ligabo, expressed alarm over the issued a statement to appeal to the Chadian and Government’s disciplinary decisions against Sudanese authorities, and the international judges, the proposed Judicial Authority Law, community, to provide protection to the and the severe repression of demonstrations residents of Eastern Chad. Following the organized by civil society in support of the request for assistance by Chad, he also called on judiciary. donor countries and international agencies to help Chad in meeting the shelter and SIMULTANEOUS SUICIDE OF THREE subsistence needs of all affected populations. DETAINEES IN THE GUANTÁNAMO MILITARY BASE REMOVAL OF HEAD OF NIGERIAN HUMAN On 14 June, the Chairperson-Rapporteur of the RIGHTS COMMISSION Working Group on arbitrary detention, Ms. On 28 June, the Special Representative of the Leila Zerrougui, the Special Rapporteur on the Secretary-General on human rights defenders, independence of judges and lawyers, Mr. Ms. Hina Jilani, issued a joint press statement Leandro Despouy, the Special Rapporteur on with her counterpart from the African torture, Mr. Manfred Nowak, the Special Commission, Ms. Reine Alapini-Gansou, to Rapporteur on freedom of religion or belief, Ms. express profound concern at the removal of Mr. Asma Jahangir, and the Special Rapporteur on Bukhari Bello as Executive Secretary of the the right of everyone to the enjoyment of the National Human Rights Commission of Nigeria highest attainable standard of physical and on 19 June 2006. The experts feared that Mr. mental health, Mr. Paul Hunt, issued a press Bello’s removal was caused by the critical statement to express their dismay about the stance taken by the National Human Rights suicide of three detainees at the Guantánamo Commission on a number of human rights military base on 10 June. They reiterated their issues. appeal to the United States to close the base and to implement the recommendations in their ADOPTION OF NEW COUNTER-TERRORISM report dated 27 February 2006. LEGISLATION IN ISRAEL On 4 July, the Special Rapporteur on the CONSULTATIONS AT THE HOLY SEE promotion and protection of human rights and From 14 to 16 June, the Special Rapporteur on fundamental freedoms while countering freedom of religion or belief, Ms Asma terrorism, Mr. Martin Scheinin, issued a Jahangir, held consultations at the Holy See to statement to express his appreciation of the fact share ideas and opinions on current issues that many of the criticisms voiced by different related to freedom of religion or belief, such as stakeholders, including civil society, in relation the coexistence of religions and inter-religious to the previous draft law on counter-terrorism dialogue, the question of conversion and the had been addressed in the draft that was finally propagation of religion, and the question of adopted. However, he raised some concern religious symbols. about the fact that the law still does not provide all the necessary procedural safeguards for WORLD URBAN FORUM individuals detained for security reasons. On 20 June, the Special Rapporteur on adequate housing as a component of the right to an CONCERNS ABOUT COMPLIANCE OF adequate standard of living, Mr. Miloon EMERGENCY REGULATIONS OF THAILAND Kothari, spoke before the third session of the WITH HUMAN RIGHTS LAW World Urban Forum (19-23 June 2006) in On 18 July, the Special Rapporteur on Vancouver. He stressed the urgent need for extrajudicial, summary or arbitrary executions, States to halt the practice of forced evictions Mr. Philip Alston, called on the Government of and displacement and called on all actors at the Government of Thailand to repeal those World Urban Forum to unequivocally oppose (continued on next page)

12 SPECIAL PROCEDURES BULLETIN | May-August 2006

Thailand continued … Afghanistan continued … provisions of the emergency regulations being denied the right to education in Afghanistan. In applied in southern Thailand that violate particular, he was deeply troubled about the international human rights law. In particular, disproportionate impact those attacks have on he expressed deep concern about a provision of girls’ education due to the lower number of Thailand’s Emergency Decree which provides girls’ schools and the particular reluctance of that soldiers and police officers may not be parents to send girls to school. prosecuted or disciplined even for otherwise illegal killings so long as they are acting KILLING OF HUMANITARIAN WORKERS IN SRI reasonably and in good faith. LANKA On 11 August, the Special Representative of the COUNTER-TERRORISM LEGISLATION IN Secretary-General on human rights defenders, BAHRAIN NOT IN LINE WITH HUMAN RIGHTS Ms. Hina Jilani, the Special Rapporteur on STANDARDS extrajudicial, arbitrary and summary On 25 July, the Special Rapporteur on the executions, Mr. Philip Alston, and the Special promotion and protection of human rights and Rapporteur on the right to food, Mr. Jean fundamental freedoms while countering Ziegler, issued a joint statement to condemn the terrorism, Mr. Martin Scheinin, urged the killings of 17 local workers of the NGO Action executive and legislative branches of the contre la faim in Sri Lanka on 6 and 8 August. Government in the Kingdom of Bahrain to They called for an independent, impartial, and reconsider the new counter-terrorism bill due to rapid investigation of the execution. concerns that the implementation of this law could have a negative impact on human rights VIOLENCE AGAINST CHILDREN IN SRI in the country. He identified four main LANKA concerns: the overly broad definition of On 15 August, the Special Representative on terrorism; the restrictions on freedom of children and armed conflict, Ms. Radika association and assembly; the excessive Coomaraswamy, issued a public statement to limitations put on freedom of speech and the condemn the killing of around 50 adolescent excessive powers of the Public Prosecutor schoolgirls during the bombing of a compound regarding detention without judicial review. in Kilinochchi. 100 others were injured. She called on the parties involved to cease all ATTACKS AGAISNT SCHOOLS IN hostilities and respect international AFGHANISTAN humanitarian law to ensure child protection. On 9 August, the Special Rapporteur on the right to education, Mr. Vernor Muñoz INTERNATIONAL DAY OF THE DISAPPEARED Villalobos, expressed his outrage at the increase On the occasion of the International Day of the of attacks against schools, teachers, and Disappeared (30 August), the Working Group students in various provinces of Afghanistan. on enforced or involuntary disappearances He believed that through these attacks, terrorist reiterated its solidarity with all those who groups sought to prevent parents from sending suffer from enforced disappearance and paid their children to school and thus to encourage tribute to the efforts of human rights defenders the authorities to close them. He indicated that working for disappeared persons and their between January and June 2006, at least 172 relatives. The Working Group expressed attacks on schools occurred and that as a direct concern that disappearances continue to occur consequence, 200,000 to 500,000 children were in large numbers.

13