Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

The Special Rapporteur, Githu Muigai, presented the report on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance, in line with the victim-oriented approach developed by the Durban Declaration. The report is mainly focused on racial discrimination and racism against Roma, but also draws on the discrimination based on work and descent, including discrimination based on caste and analogous systems of inherited status.

The Roma people, historical victims of injustices, are still facing racism and racial discrimination in a number of countries, including European countries, where they represent a large minority. Important challenges for Roma persist, such as discrimination and segregation of their children in the educational field and discrimination in employment. They also experience difficulty in accessing health care and services and live in unhealthy conditions without the most basic services and infrastructure. The Special Rapporteur also denounced the discrimination against Roma in their access to justice and citizenship, their exclusion from public and political life and their exposure to violence and abuse by private and public actors, including the police. Moreover, Roma's vulnerability to violence has increased due to political extremism and racist discourse used by some public officials and politicians.

The Special Rapporteur identified three main factors to explain the racism against the Roma:

• The lack of participation of Roma in the design, decision making and implementation processes of policies that affect them.
• The failure to properly implement the policies and legislation regarding Roma, including at the local level.
• The structural dimension of racism and racial discrimination Roma experience.

In order to face this increasing racism and racial discrimination, several governments have developed initiatives including the adoption of national action plans and strategies for Roma, national laws against racism and racial discrimination and the development of good practices in education, employment, health and access to justice. However, it is necessary to make more steps forward to fully eliminate racism and discrimination against Roma people, when considering the structural dimension of xenophobia and intolerance and the inter-relation between the racial discrimination they suffer and their socio-economic marginalization and political exclusion. Attention must also be paid to the situations of the most vulnerable Roma, including women, children and migrants.

The Special Rapporteur made some recommendations based on:
• Affirmative action initiatives to redress historical inequalities.
• Human rights training of State agents.
• Education and awareness raising measures to foster mutual understanding, respect and tolerance.
• The condemnation of any racist or xenophobic discourse against Roma, including by political officials.

The second part of the report focuses on discrimination based on work and descent. In some countries, there exists an occupation segregation which restricts jobs, as sweeping and manual scavenging, to particular low caste members, thus impairing their access to other kind of employment. Caste-based occupations and untouchability include designed tasks considered ritually polluting and unclean to others in the society. Yet this discrimination is not only focused on employment; it also focuses in the educational system. Moreover, women and girls are the main victims, suffering multiple forms of discrimination, including sexual exploitation and forced prostitution.

Several worldwide initiatives have been created, as a result of the draft principles and guidelines on discrimination based on work and descent considered by the Sub-Commission on the Promotion and Protection of Human Rights. Some governments have taken further initiatives to address the problems facing affected communities. For example, the adoption of legislation and special policy measures to counter this discrimination.

As a recommendation, the Special Rapporteur asked for an effective implementation where such law exists and urged States to enact appropriate legislation if it does not exist. The aim is to promote equality and respect for all people which will lead to the eradication of practices of caste and discrimination based on work and descent.

Another recommendation made by the Special Rapporteur was to increase “awareness-rising measures, with special emphasis on the educational institutions, the judiciary, police and civil services in order to ensure effective implementation and enforcement of the law by the police to ensure access to justice and effective remedies for victims”. Moreover, he recommended the collection of disaggregated data to be able to identify the number of people affected and thus design appropriate strategies to fight this kind of discriminations.

To conclude, Mr. Muigai reported the racism and racial discrimination situation in Singapore, where the authorities have endeavoured to establish laws, policies and institutions that seek to continuously promote social cohesion, religious tolerance and what they refer to as “racial harmony”. However, it seems that in the name of such racial harmony, some blind spots have been created, such as restrictions to freedom of expression and assembly and the significance of ethnic identity, housing, education, employment and migrant workers.

ion and beliefs. It is necessary to establish legal protections to eliminate discriminations against national origin or religion. It is necessary to create an atmosphere of prevention of discrimination and violence, that punish if it occurs. Leaders were urged to condemn offensive expression, identify areas of tensions between communities, train officials on outreach strategies and encourage leaders to discuss causes of and solutions to discrimination. Moreover, she encouraged the community to be engaged to eliminate stereotypes and to start a constructive dialogue to avoid mistrusts.

Panel on strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace

As a platform to get better understanding of the challenges faced nowadays in relation to intolerance, negative stereotyping and discrimination, and to find the best solutions through the dialogue, the Human Rights Council hosted the Panel discussion on strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels, based on respect for human rights and diversity of religions and beliefs.

Navy Pillay, United Nations High Commissioner for Human Rights, expressed her concerns about the increasing anti-Semitism, Islamophobia and Christianophobia over the past years. Also of concern is the continuous negative stereotyping exercised in the media or by extremist political parties, advocacy or religious hatred, together with physical violence against religions. Multiple forms of discrimination against individuals and groups have been highlighted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001, as well as the Durban Review Conference and the Committee on the Elimination of Racial Discrimination. All these show that women too often suffer gender-based and religion or belief discrimination, as seen in some countries where laws continue to discriminate against women, such as legislation that prohibits or imposes the donning of veil in public because of its religious symbolism. Migrants are also a group facing discrimination because of their status and national or ethnic origin.

Furthermore, the High Commissioner highlighted the important role of popular media, public officials and personalities that incite racial, religious or national hatred through their discourse. It is not about restricting the freedom of speech, because if it is not respected, freedom of religion cannot exist. Likewise, freedom of expression is essential to creating an environment in which a constructive and respectful discussion about religion and belief can be held.

As a conclusion to her speech, Ms. Pillay stated that it is a state obligation to promote a culture of tolerance as well as protect victims of human rights violations and prevent and eliminate intolerance, discrimination and violence against persons for their religion or beliefs. Moreover, in order to create stable societies, States should act as a catalyst for intercultural dialogue to promote respect for differences and to create an inclusive dialogue which brings a better understanding of different views, cultures, religions and beliefs.

As a Vice-President of the HRC, Bente Angell-Hansen introduced the panel focusing on the importance of promoting a global culture of tolerance at peace through international efforts, enhancing social justice, understanding and respect in multi-cultural societies.

Jorge Sampaio, UN High Representative for the Alliance of Civilizations, recommended a common responsibility for managing worldwide economic and social development as well as threats to international peace and security. It is essential that there is an international collective responsibility to support fundamental values, to uphold the principles of human dignity, equality and equity and to actively promote a culture of peace and dialogue through an agenda focused on education, youth and new media.

The next panellist, Slimane Chikh, Permanent Observer of the Organization of the Islamic Conference to the UN Office at Geneva, highlighted the need to identify the items to promote the respect to a culture of peace and tolerance based on the Human Rights Council Resolution 16/18. This Resolution provides a concrete human rights framework basis which should be implemented at both the national and the international level, stating the necessary steps to end double standards and racial, national and religious profiling.

Ahmer Bilal Soofi, lawyer and expert on international humanitarian law and human rights and President of the Research Society of International Law in Pakistan, stated that, in the context of Resolution 16/18, it is necessary that there is a different treatment of stereotyping and stigmatization actions that ought to be taken at a pre violence stage, and those to be taken up at a post violence stage. The legal treatment of both of the phases will be different as the burden to restrain at the pre violence stage may be on the offender and prevention and on the post violence stage on the aggrieved and providing effective remedies. Invoking domestic law shall be an appropriate response if incitement is attributed to an individual or two but if the scale is larger, some response at a global level may be required through and institutionalized framework.

Doudou Diène, Vice-Chair of Institut internationale de recherche politique et de civilisation and former United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, showed her concern about two different reinforcing dynamics occurring at present in relation to intolerance. This is the political institutionalization of intolerance and racism, which paid in electoral terms and required immediate address; and the intellectual and scientific legitimization of discrimination which promoted a clash of civilizations. To bring together the different religions and to share common values, two different actions need to be promoted. The first is to promote reciprocal and neutral knowledge of religious and cultural traditions. The second is to promote the interaction at a national and an international level, sharing plural identities, teaching history and implementing the Resolution 16/18.

Mario Marazziti, journalist and spokesperson and member of the International Board of the Community of Sant'Egidio, denounced that immigrants today represent a huge excuse for European politics to face the anxiety produced by the growing economic crisis and lack of jobs. It is essential to create trust and understanding taking the roots for understanding and putting them at the centre of the global agenda. Some proposals were made with the aim to eradicate intolerance by inter-religious meetings and dialogues between different religions. For example, the panellist recommended that, in order to face the challenge of impact on the public opinion, the creation of a new joint media in crucial areas, where people from all religious and secular backgrounds, could come together to represent others and create new languages for journalists, opinion-leaders and teachers.

Adil Akhmetov, Ambassador and Personal Representative of the Chairperson-in-Office of the OSCE on combating intolerance and discrimination against Muslims, encouraged States to face the lack of understanding by showing their leadership fighting against discrimination through the development of educational tools to deal with discrimination phenomena and to disseminate them. He was concerned about Islam’s depiction as being incompatible with democracy and human rights, and therefore reminded that international tensions and conflicts cannot justify any form of racism and xenophobia, including anti-Semitism and intolerance against Muslims.

The next panellist was Simona Santoro, adviser on Freedom of Religion or Belief of the OSCE Office for Democratic Institutions and Human Rights in Warsaw highlighted three characteristics of decisions adopted by the Ministers of Foreign Affairs, on the topic of tolerance and non-discrimination. Firstly, they approached intolerance from a double perspective, the broad forms of intolerance, racism and xenophobia and specific forms of intolerance such as intolerance against Muslims or Christians or anti-Semitism. Secondly, they linked tolerance to human rights and basic freedoms as expression or religion or belief. Thirdly, they encouraged states to take part in the elimination of intolerance in areas such as legislation, law enforcement, education, data collection, collaboration with civil society, monitoring of hate crimes, capacity building, media, constructive public discourse and promotion of inter-cultural dialogue.

The last speaker was Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom and Head of the Office of International Religious Freedom at the State Department. She denounced the political use of religious intolerance and stated that it is the obligation of State to allow freedom of expression as well as freedom of religion and beliefs. It is necessary to establish legal protections to eliminate discriminations against national origin or religion. It is necessary to create an atmosphere of prevention of discrimination and violence, that punish if it occurs. Leaders were urged to condemn offensive expression, identify areas of tensions between communities, train officials on outreach strategies and encourage leaders to discuss causes of and solutions to discrimination. Moreover, she encouraged the community to be engaged to eliminate stereotypes and to start a constructive dialogue to avoid mistrusts.

Full UN Resolution 16/18

15 June

Situation of Human Rights in Cote d'Ivoire

The situation of human rights in Cote d'Ivoire, in relation to the conclusion of the 2010 presidential election, required the Human Rights Council attention in its 17th session. For that reason, two reports were presented: Report on the independent, international commission of inquiry of Cote d'Ivoire and Report of the OHCHR on the situation of human rights in Cote d'Ivoire.

An Independent International Commission of Inquiry investigated violations of human rights during that period in order to identify those responsible for such acts and bring them to justice.

Vitit Muntabohn, president of the Commission, presented the report highlighting the importance of fighting against impunity, considering it the main root of the crisis. Since 28th November 2010, serious violations of human rights and international humanitarian law were perpetrated. This was especially the case in Abidjan and the west of the country where killings, torture, summary executions, torture, rape and use of children for the parts in conflict were carried out. “Different actors, from different parties, are responsible of these violations”, said Mr. Muntabohn. The investigation reveals that some cases were so serious that they can be considered crimes against humanity and war crimes. For example, the systematic attacks against targeted communities on the basis of their ethnicity or their supposed political affiliation. It is now essential to bring all the perpetrators to justice and make them responsible of their acts.

Moreover, it is urgent for the Ivorian government to restore security around the country. The presence of young people armed in Abidjan and other cities claim that Republican Forces contributes to create and spread a feeling of insecurity among the population. For that reason it is urgent to take the necessary measures for their disarmament, dismantling of militias and establishing a professional army and respect of human rights.

Another widespread problem in Cote d'Ivoire is the situation of the thousands of displaced people. In addition to this, there is the situation of the families hosting such displaced people and those in hiding, afraid of reprisals. This requires an urgent global response by the government and the humanitarian agencies. In this context, the big challenge is to end the criminal impunity in the country and, therefore, finally achieve the reconciliation. For the Ivorian authorities the national reconciliation is the highest priority. However, they have to keep in mind that reconciliation without true justice cannot be sustained and will not stop the cycle of violence experienced by Cote d'Ivoire in recent years, if human rights violators are not sentenced and victims properly compensated.

As a recommendation, the Commission of Inquiry remarked the importance of bringing perpetrators to justice. Furthermore, it recommended that the authorities address the root causes of the crisis, in particular in relation to discrimination, unemployment and violence of the younger generations, and more generally the economic crisis. To the international community and the United Nation High Commissioner of Human Rights, the Commission recommended following up and monitoring the human rights situation in Cote d'Ivoire to avoid violations and assist and give support to the Ivorian authorities to combat impunity and to uphold the rule of law.

The UN report on the situation of human rights in the country covers developments from 1 February to 30 May 2011. Navy Pillay, High Commissioner for Human Rights highlighted the main role of the United Nations Operation Cote d'Ivoire (UNOCI) to prevent violations of international human rights and humanitarian law, protect civilians at risk and secure accountability and remedy for violations.

Nowadays, security in Abidjan and many places in the west have improved but human rights situations remains of serious concern. Throughout the reported period, there has been excessive and indiscriminate use of force against civilians, retaliatory killings and summary executions, enforced disappearances, torture, arbitrary arrest and detention, extortion, pillaging and sexual and gender-based violence. These violations were committed by both sides in the conflict. “The mission found at least 1,012 persons, including 103 women and 42 children were killed in both regions and 46 rape cases including pregnant women and two minors were documented in connection with the crisis”, said the High Commissioner.

The current task, both urgent and necessary, is rebuilding social cohesion and fostering reconciliation between communities. For this purpose, it is essential to end impunity and make perpetrators held accountable for crimes committed, treating them with dignity and respect for human rights, including the right to a fair trial.

16 June

Report of the IE on the situation of human rights in Burundi

The main issues that came to light based on the report of the Independent Expert Fatsah Ouguergouz:

All the NGOs asked the Human Rights Council for an extension of the IE’s mandate.
Recommendations:
- Investigate the cases of killings and publish the findings and increase transparency. Police officers, who committed torture, need to be brought to justice. (Human Rights Watch)
- The established National Human Rights Commission (19 May 2011) needs to be fully independent (Cairo Institute for Human Rights Studies).

Questions for the Independent Expert:
- What steps can be taken to end impunity?
- What has the government done to fight impunity?
- Are there security intelligence forces?
- Is there a national commission of inquiry?
- What happens with the past crimes committed before the National Human Rights Commission was established?

Answers from the Independent Expert Mr. Fatsah Ouguergouz:
- In response to the allegations of human rights violations, the cases of torture after the 2010 elections have not been investigated yet. According to the IE, the prosecutor should act ex officio. In terms of political dialogue, efforts should continue to be made by the international community, with opposition parties open to negotiation and the diplomatic community inviting extra-parliamentary opposition.
- Alongside this is the need to improve the institutional features, in particular the transitional justice procedures. The IE encouraged the minister of foreign affairs to assimilate all of civil society with the process, so that citizens can be represented there and be allowed to express their concerns. The schedule was adopted early in May 2011; meanwhile The Truth and Reconciliation Commission, which will be established in January 2012, will operate for 2 years.
- As for steps towards the independence of the National Human Rights Commission, the members made a proposal. One condition is that funding of the commission should come from the Burundian government and partner states

To improve the levels of criminal justice, the Burundian government must ensure that professional judges and attorneys are employed.

Report of the Independent Expert on the situation of human in Haiti, Michael Forst

Introduction:

H.E. Mrs. Bente Angell-Hansen (introduction)

Mr. Michel Forst (Independent Expert): congratulates Haiti for its improvements in many sectors.
The priorities in Haiti are the humanitarian crisis and the role of rights in reconstruction, the rule of law and the realisation of social and economic rights:

Representative of Haiti

The outstanding issues are kidnapping, domestic and family violence, corruption, impunity for those who commit violence against women. Yet, according to the representative, many recommendations have been implemented. Regarding the spread of cholera, there is a plan to open a major cholera centre, and to carry out information campaigns on sanitary measures.
Country statements and issues brought up during the interactive dialogue:

1) Violence against women and children, and other minority groups
- Critical issues are sexual violence and trafficking in persons (Mexico)
- Women need access to justice
- Child care is of big concern. In fact children are most subject to involuntary domestic servitude.
- Internally displaced persons (IDPs)
- Persons with disabilities
- OHCHR’s and UNHCR’s work in the camps is fundamental to increase security for girls and women (Brazil)

Recommendations:
- Reduce discrimination of vulnerable groups, such as women and LGBT groups
- Long-term actions regarding violence against women in camps are needed, such as cooperation with the Special Rapporteur on violence against women (France)
- Strategies for cooperation needed (UN bodies) to strengthen cooperation between the international community and the government (Mexico)
Intervening countries: United States of America, Brazil, European Union, France, Algeria, Canada, Mexico, Norway

2) Judicial system
- Reforms regarding corruption, judiciary, detention centres and prisons.
- At present, there is a critical situation in detention centres
- Further support of national police (Colombia) at which point help needs to be gradually transferred to the Haitians themselves.
- The government cannot deal alone with corruption; it needs help from the outside (Spain)
- Effective access to rights; strengthen participation of citizens (France)
- Prosecution of those who violate human rights is crucial, consolidation of Haitian justice system (penitentiary system, monitoring of crimes) (EU)
- Fair trial of Duvalier case (Chile)
- Canada appreciates the new president and states that Duvalier should face justice
Intervening countries: United States of America, Brazil, EU, Spain, France, Chile, Canada

3) Reconstruction efforts
- The challenge is to remove IDP camps and not to transform them into shantytowns and to redouble efforts in the housing sector, actively involving those living there. The new government needs assistance and all groups of Haitian society should be involved in the reconstruction process. (Norway). Spain, on the other hand, draws attention to the fact that many people living there want to stay there, thus recommends turning those camps into permanent settlements.
- Haitians need help from the international community and technical assistance must be stepped up (Honduras). Moreover, rights must be guaranteed by the government; strengthening links among human rights organisations (Chile).
- The government needs to rebuild the infrastructure (Algeria), go on with reconstruction work and the protection of human rights, giving reconstruction more meaning (Germany).
- The promotion of a human rights based approach is needed in the reconstruction process (Chile)
- A better analysis from the viewpoint of socio-economic and cultural rights and strategy is needed for enriching the overview of the human rights situation in terms of capacity building and technical assistance; including the involvement of citizens, also more in follow-up process (Chile)
- A national health system, which reaches the poorest people, needs to be implemented (Cuba)
- The need for a human rights based approach in reconstruction and recovery approach (Mexico, Canada), while continuing to improve the human rights situations, respect for economic rights, make a link between respect for human rights and economic, social and cultural development (Ecuador)
Intervening countries: Spain, Honduras, Algeria, Chile, Cuba, Canada, Norway, Ecuador
Comments by NGOs:
- International Federation for Human Rights Leagues highlighted that the extensive detention is unhygienic, the security situation is grave, IDPs in camps face violence, rape has been recorded, cholera and other epidemic have gotten worse. The Haitian authorities should adopt a human rights based approach for reconstruction.
- American Civil Liberties Union urges the U.S. to stop the detentions as there is no current procedure to assess policies.
The following countries asked for a renewal of the independent expert’s (IE) mandate: Brazil, EU, France, and Germany

Side events

1 June

Barriers to trafficked persons accessing remedies

Related to the right to an effective remedy for trafficked persons, Franciscans International and the Global Alliance against Trafficking in Women organized the event Deported without Justice: Barriers to trafficked persons accessing remedies. To provide remedies and assistance to trafficked persons and to redress past mistakes is a fundamental legal principle and a rule of international human right treaties.

The first speaker was Youla Haddadin, advisor on Trafficking in the OHCHR, who highlighted the importance of Criminalization, Punishment, and Redress and ensuring the trafficked people’s access to Remedies, based on the Recommended Principles and Guidelines on Human Rights and Human Trafficking1. Following the UN Declaration on Victims of Abuse of Power and the Palermo Protocol, States have to compensate, provide the appropriate restitution and effective remedies to victims of trafficking for all the damage that human right violations have caused them. The compensation is not only understood as financial, but also has to include elements that empower the victim and eliminate the roots of the problem. Getting the correct remedy is a right in itself.

John Gee, head of Transient Workers Count Too, gave an approach to the obstacles to trafficked persons accessing remedies in Singapore, where the consideration of “traffic” is really restricted. Here it is necessary to implement good elements to recount victims of trafficking and its causes, including the use of force, coercion or the abuse of power, without physical threat.

Gitanjali Senapati, member of Franciscans International in India, explained in first person the vulnerable situation of people from the Khandamal district. This is where communal violence and poverty are cause and consequence of trafficking, especially in relation to children and women, in front of the inadequacy of law and the ineffectiveness of the police and courts to bring criminals to justice.

Maria Bances del Rey, legal officer in the Asylum and Migration Unit of the UNHCR, identified a correlation between human trafficking and refugee protection. Sometimes asylum seekers become victims of human trafficking and need special protection. To give them a refugee status and to prevent them of being stateless is essential in order to avoid asylum seekers becoming victims of trafficking.

As a final point, the Special Rapporteur Joy Ngozi highlighted the importance of regularizing the residence status, while the legal and assistance process takes place. This extends to providing them all with the necessary compensations, especially in order to prevent re-trafficking and also as recognition by the governments of the violation of their rights and damages suffered.

7 June

Human Rights Violation on sexual orientation and gender identity

The European Region of the International Lesbian and Gay Federation (ILGA-Europe)1 presented the situation of the human rights of gay, lesbian, bisexual and transgender people in the world. Speakers from South Africa, Colombia and East Africa discussed the challenge to fight against stigmatization and intolerance. They also exposed the need to move towards the end of criminalization and human rights violations based on sexual orientation and gender identity, considering full respect for traditional and cultural values.

8 June

Refugee Rights: Responsibilities of host countries

To talk about the rights of refugees, the Agence Internationale pour le Developpement and L'Union de l'Action Fémenine organized an event related to the situation of Western Sahara refugees in Algeria, in the Tindouf camp. As a host country, Algeria does not respect rights of the refugees due to the lack of right of freedom of expression, the right of return to the country of origin and the right of freedom of circulation, as speakers denounced. They showed their concerns about the Algerian intention of hiding the situation inside the Tindouf camp, forbidding the free entrance to media, United Nations or other international organization. This supposes the incapacity to analyse the conflict and refugees' living conditions. As a conclusion, speakers emphasised the need to know the exact number of refugees and to guarantee their protection.

“Transition”: Egypt and Tunisia

The event was organized by the Cairo Institute1 in order to demystify the human rights situation before the pacific revolutions in Egypt and Tunisia, as well as to discuss the ongoing rights violations and other challenges that face the transition to democracy in these countries.

Both countries are facing the challenge of becoming full democratic regimes, balancing between macroeconomic stability and meeting the social demands and needs, such as reducing poverty and creating employment. Moreover, there exists the challenge of creating a full democratic culture, with complete respect to basic human rights. This extends to giving place to all political visions and movements in civil society and also promoting the dialogue and mutual understanding in order to get harmonious relations. However, the transition process is facing several threats, as evidenced in the opposition of the former state members or the displaced people and refugees. Not only are Egyptians and Tunisians leaving their country, but so too are Libyans. To face these issues, it is essential that the new governments consider the support of international organizations and institutions.

Egypt

Nadeem Mansour: Director of Research of the Egyptian Centre for Social and Economic Rights and Coordinator of the Front for Defence of Egyptian Protestors. The Egyptian population is dealing with a difficult period, in which there still exists the challenge to improve the human rights situation and the democratic structures. The military council in the government uses military force and law against civilians. This is the main human rights violation now in the country: before the judicial process the resolution is taken, there are no witnesses or, for example, the court session just takes a few minutes. Nadeem Mansour also denounced that torture is a common practice in detention centres, especially before the civilian is formally accused. In the last two weeks, two protestors died from torture in police stations and several torture cases were denounced, but the police refused any kind of responsibility.

Some human rights NGOs in Egypt are succeeding in few occasions by reconsidering cases of civilians judged by militaries. However, protestors are being constantly arrested and sentenced during demonstrations. During March and April this year, military forces attacked Tahrir square and made several indiscriminate arrests. Those protestors had no lawyers to guarantee them a fair trial and had been sentenced by the military court. Another case of human rights violation took place on March 9th, when during a pacific demonstration a group of female protestors were arrested and tortured by police officers. Later, in front of the military court, had been sentenced to prison for 1 to 7 years.

To legitimize the indiscriminate detentions, there exists a law that any demonstration or public manifestation has an impact on the Egypt economical situation so, in order to avoid a negative impact on the economy, it is necessary to arrest and sentence the protestors. Considering this present situation, there still exist a lot of challenges related to legal issues, as military courts judging civilians, to move through a democratic regime.

The military pressure and influence is present in the media as well. Mr. Mansour said that information against the government has not existed in the common media since March. Despite this censorship, new social networks and online media have strong campaigns showing negative issues related to military council.
In order to finally eliminate the human rights violations in Egypt, that have persisted after the Revolution, and to make the new coming government fully democratic, it is essential to keep on pressuring the military council. “The Revolution does not bring democracy by itself, now is the moment to push the government to get real changes and stop the human rights violations”.

Tunisia

Sihem Bensedrine: President of the National Council for Liberties

Step by step, the situation in Tunisia seems to be more hopeful. It is a small country that does not face challenges on the same level as Egypt. In order to succeed in a short time getting a full democratic regime, the new governmental structures together with civil society organizations are developing a five points program:
1. Create a democratic electoral process
2. Reform the police
3. Reform courts and the judicial system
4. Reform media
5. Take measures against impunity and corruption

In relation to the electoral process, the first democratic elections are going to be in October, with the international support, monitoring and controlling. The aim is to elect a parliamentary assembly that will write a new democratic constitution. Some new measures in this field are:

1. Gender parity in the election lists: 50% men and 50% women. Moreover, to avoid women being in the end of the list, it will be necessary to combine 1 man- 1 woman.
2. The existence of one single election financing account and the creation of an electoral commission in charge of auditing the funds.
3. Members of dictatorship cannot be elected because they are not considered part of the new democratic process.

Reforming the police creates the challenge of ending a history of civil repression and control of the main country structures such as economy, media, legislation and justice. For the moment, a few successes have been reached:

1. The creation of a civil society commission to reform the police, monitor the process and control.
2. Use the international guidelines through international experts' experience and the new police members.
3. Restructure the police and re-train policemen to fight against corruption and torture.

Despite these changes, ending the strong structures of the former government has been difficult. This has been seen in several protestors' arrests during demonstrations or the resistance of high-ranking officials implicated in corruption and torture. However, as Ms. Bensedrine said: “The future belongs to us and the entire region will succeed implementing full democratic regimes”.

15 June

Human Rights in Palestine

The panel discussion “Denial of the Right to Self-Determination in the Palestinian Context”, was organized by International Federation for Human Rights (FIDH), Al-Haq, BADIL (Resource Center for Palestinian Residency and Refugee Rights), the Jerusalem Legal Aid and Human Rights Centre (JLAC) and the Al Mezan Centre for Human Rights. This was to talk about the right of the Palestinian people to self-determination frustrated by Israel occupying forces.

Specifically, it demonstrated the Palestinian citizen's living conditions in the Jordan Valley, the siege on Gaza and in East Jerusalem, as well as the situation of Palestinian refugees. The limitation of Palestinian movement, restrictions in building and building demolition, confiscation of private property, exploitation of natural resources and problems to family reunification are several abuses committed by the Israeli occupying forces, as speakers denounced.