Draft law proposes better recognition of foreign degrees in Germany
March 24, 2011 in Youth by Rights Writer
The German Cabinet has adopted a bill to recognize degrees eared abroad. The draft legislation will…
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March 24, 2011 in Youth by Rights Writer
The German Cabinet has adopted a bill to recognize degrees eared abroad. The draft legislation will…
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February 12, 2011 in Main by christopher mwambingu
In 1952,Egyptian revolution led by Gamal Abdel Nasser renewed hopes of Egyptians after toppling King Farouk,promising the new era of Democracy, human rights, the respect to the rule of law and general prosperity. But this promised has never been delivered.
In the 1970s, cosmetic democracy was entrenched in Egypt through the introduction of malty-party democracy.
Born in 1928 in the Nile River Delta, Hosni Mubarak took power in 1981 after the assassination of President Anwar El Sadat during which Mubarak himself got injured. Mubarak has since been re-electing himself for the last 30 years until the recent just concluded parliamentary election which opposition groups boycotted. He shamelessly had begun grooming his son to take over from him in the coming presidential elections.
From this judgement, it means revolution itself do not necessarily bring about democracy, good governance, human rights and freedoms.
The hard question is, will the current uprising in Egypt deliver the people’s aspirations or will end up in a vicious cycle of tyranny hence following foot steps of the 1952 revolution?
As indicated by the recent opinion polls,70% of Egyptians want to live under sharia law which they are not fully aware of or do not even understand it. In my view, sharia law will not bring democracy to Egyptians but more disappointment the same way Iranian revolution could not deliver democracy, freedom and prosperity as Iranian people had hoped for.
Inspired by successful Tunisian revolution, Egyptians began mass protests against autocratic Hosni Mubarak regime on 25 January 2011. The masses who have been victims of extreme poverty, corruption, unemployment and gross violation of human rights are saying enough of all these social injustices. They want freedom, they want democracy, and they want employment and end to poverty which they had been promised by Abdel Nasser but this promise has never been fulfilled. They want change.
This upraise has caught the government by surprise. An indication that the government has little or no connection on the ground.
Instead of responding to these genuine concerns of the people of Egypt, the government has continually extended oppression to her people. Innocent lives have been lost as a result of this oppressive dictatorship government.
Social network sites including face book and twitter have been blocked by the government. As the people’s power prepare to take over from the dictatorship and irresponsive regime, all internet services have been blocked including text messaging service, an indication of the sense of cow redness and defeat of 30 years oppressive era.
As President Obama pushes Mubarak to deliver concrete reforms, it is evident that revolution is inevitable.
For much of its modern history, the Egyptian military has played a powerful but behind the scene role, reflecting its confidence that any government would protect its stature. Across the political spectrum, many wonder whether that posture has shifted. The Egyptian military has chosen to let the people’s power bring down the thirty year autocratic government. This is very commendable unlike other military power hungry corrupt military juntas in Africa who hijack such moments for selfish gain.
Like in Tunisia, the Egyptian revolution is being led by the youth, supported by doctors, journalists, workers unions, professional groups and the people.
Dr Mohamed EL baradei is expected to provide leadership by forming transitional government with other opposition groups. But he has a very had task of balancincing,religious,people and international interests bearing in mind the strategic place Egypt is in the Arab and other continents.
The revolution wind blowing from North Africa is a sign of failure of the concept of reforms and a wake up call to Kenyan, African and other dictatorship regimes that every dog has its day. They should either hand over power democratically or water their heads ready for a cruel shave. As the Swahili saying says that, ukiona kichwa cha mwenzako cha nyolewa, tia chako maji (When you see the head of your friend being shaved, prepare yours too)
CHRISTOPHER MWAMBINGU
HUMAN RIGHTS AND SOCIAL JUSTICE CRUSADER
EXECUTIVE DIRECTOR
TAITA TAVETA RESOURCE CENTER
DIRECTOR-PIONEERS 4 CHANGE TRUST
January 12, 2011 in Main by christopher mwambingu
In reference to Kenya
The United Nations adopted the Universal Declaration of Human Rights in 1948 as the first international recognition that all human beings are entitled to fundamental rights and freedoms which must be protected, respected and promoted by all Nations and world citizens. The fundamental rights and freedoms enshrined in the declaration and other International human rights instruments and international laws are still not a reality for many, as human rights abuses constitute a world wide problem and give rise to ethnic, racial, class and religious conflicts
Therefore, it’s an obligation of all governments, corporate, civil society organizations and the entire public who are the right claimants to promote, protect and defend human rights and ensure human rights instruments are universally implemented thus becoming a living reality. There must be policies to make sure continuous human rights education in communities, private and public institutions and communities to empower citizens so that they can enjoy their rights, for peace development and social justice.
In playing their primary role, human rights organizations, movements and workers should constantly include human rights monitoring as part of a tool of their long term vision for a society free from human rights violation. On this basis I wish to present my analysis on human rights and the development status report.
The right to development can be rooted into the provisions of the charter of United Nations Universal Declaration on human rights and International human rights Covenants. Through these Charters, member States undertook to promote social progress and better living standards and to achieve international cooperation in finding long lasting sustainable solutions to global problems of economic, social, cultural or humanitarian crisis and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, linguistic or religion.
A crucial step forward towards the recognition of the right to development was made under the United Nations General Assembly resolution 1161 (xii).Through this resolution, the General Assembly expressed the view that balanced and integrated and social development would contribute towards the promotion and maintenance of peace and security, social development and the observance of respect for human rights
At the international conference on human rights held in Tehran, from 22 April to 13th May 1968, World leaders expressed their belief that the enjoyment of economic and social rights is inherently linked to any meaningful and profound interconnection between the realization of human rights and economic development. It recognized the collective responsibility of the international community to ensure the attainment of minimum standards of living necessary for enjoyment of human rights and fundamental freedoms by all persons throughout the world.
In 1969 UN General Assembly, in its resolution 2542 (xxiv) adopted the declaration on social progress and development which states that social progress and development shall aim at continuous rising of material and spiritual standards of living of all members of society in respect for and in compliance with human rights and fundamental freedoms.
The declaration on the right to development defines such right as an inalienable human right by virtue of which every human person and all people are entitled to participate in and contribute to, and enjoy economic, social, cultural and political development in which all human rights and fundamental freedom can be fully realised.
The right development includes: Full sovereignty over natural resources, self- determination popular participation in development, equality and equal opportunities for all creation of conjunctive environment for the enjoyment of civil, political, social and cultural rights.
The human person is identified as the beneficiary of the right to development, as of all human rights. The right to development can be invoked by individuals and the community. It imposes obligations both on individual States to ensure equal and adequate access to essential resources and the International community to promote fair development policies and effective international cooperation. The 1993 Vienna Declaration and programme of action recognize that democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.
In is very unfortunate that all these theories have not adequately been translated into realities thus leading to increased poverty, economic global recession, global food crisis, global oil crisis, conflict, war and the list is endless.
Internationally, developed countries have promoted arms business facilitated political crisis so that they can benefit from natural resources at the expense of human life. This situation has caused mass human rights violation and suffering especially in Africa and the Middle East. Other obstacles to enjoyment of the right to development and other human rights and freedoms are: Global warming which is the main reason for climate change, Aid conditionalities, structural adjustment programmes, odious debts, unfair international trade rules e.g. Economic Partnership Agreements(EPAs) negotiations between the European Union(EU) and African Caribbean Pacific Countries(ACP)
.In order to realize the right to development and other human rights and freedoms, greater decentralization and devolution of economic and political power from global to local level is needed. For this to be effective, capacities and resources especially for the rural communities and the urban poor must be increased. Effective frame works for democracy, participation decentralization and devolution must mean empowering local communities and the urban poor within the national economy and polity.
The quest for equality goes to the very heart of every human person. Equality has been a pre-occupation in several fields; in particular philosophy, economics and law. The philosophy of social justice argues that all human beings have expectations of certain primary goods and services necessary to sustain a decent life. States being main duty bearers must facilitate these provisions. In pursuit of equality as a human rights principle, we must be aware of the fact that none of us comes into the world as the property of another or their subjects.
Where poverty and ignorance continue to dominate, citizens will not have the required capacity to hold state accountable for the fulfilment of human rights. Unfortunately, most dictators especially in Africa, their regimes have deliberately failed to facilitate the realization of human rights and the right to development. They have formalized, legalized and instutionalized inequality in their governance and leadership structures. These dictatorship regimes have used poverty, ignorance and other forms of inequality to sustain their power.
. Equality entails the right to equal treatment in law, equal access to services and equal pay. It is entrenched in the universal declaration on Human rights, that all human beings are born free and equal in dignity and rights. Inequality is one of the biggest obstacles to enjoyment and realization of human rights, the right to development and fundamental freedoms which are the birth rights of all human beings are therefore inalienable. Where there is no development it is very difficult for human persons to be free and live a dignified life.
Development must involve economic growth, equitable distribution, enhancement of people’s capacities and widening of their awareness for participation in decision making process, self reliance and self determination of people.
There are serious problems with the current structures and processes of global governance. Among these is the vast inequality in power and capacity of different nation states. For instance the industrialized countries like the G 8 have far higher per capita incomes which translate into economic clout in negotiations to shape global governance. They are the source of much needed markets, foreign investments, financial capital and technology. They are also the drivers of global politics.
They have taken advantage of their political and economic power to influence change of regimes which dance to the tunes of their political and economic interest without considering if those regimes respect, protect and promote human rights, democracy, good governance and the rule of law. They preach global peace and security and spend millions of dollars on the same mostly in sub-Sahara Africa and the Middle East, but the question is who manufactures and sells arms to the so called terrorists and armed rebels? Where do these multi- nationals suspected to vandalise natural resource like oil and minerals in the gulf, Middle East and Sub-Sahara Africa including Sudan, Dr Congo and Sierra Leon come from and who benefits?
Who benefits from globalization policies of privatization, market liberalisation and foreign investments?
What is the cause of internal civil wars, mass killings displacements among other gross violation of human rights, natural disasters like the recent deadly earth quake in Haiti, floods, prolonged drought, like in the case of Kenya and Zimbabwe, poor working conditions etc.
Are these not crimes against humanity? Who bares the greatest responsibility for these social and economic CRIMES?
Inequality means that individuals don’t have equal opportunities to life of their free choice so that they are spared from extreme deprivation in out comes. This can be avoided by building strong democratic leadership, governance institutions and policies that promotes a level playing field where all community members have similar chances to become socially active, politically influential and economically productive.
The old constitution of Kenya had no clarity as to who the republic belong to. There was no specification on how people’s aspirations and needs were to be catered for.Parhaps this was the beginning of inequality.
On 27th August Kenyans caused a peaceful revolution by endorsing a new constitution that give them all the sovereign power, recognise the aspirations of all Kenyans for a government based on essential values of human rights,equality,freedom,democracy,social justice and the rule of law. These aspirations are very critical in the realization of a just, secure and peaceful society. For Kenyans, parhaps this is the middle of the journey to a promised land.
Land is a key asset to majority of Kenyans as in the case in many developing countries, whose livelihoods depends on it. Land ownership provides the owner with control over people who might need access to that land for their livelihoods or residence. It is a symbol of social status and security.
It was the main reason for the straggle for independence in Kenya whose slogan was freedom and land. Lack of land policy and contradicting land laws in Kenya has led to the never ending tribal clashed in Kenya.
There is therefore the inevitable intersection between land and power in our Country Kenya.
People who are landless are despised and regarded as destitute in many culture of Kenyan ethnic communities. Land is life to many communities because it is the key source of income.29% of Kenyans are landless majority of them in North Eastern 73.9%,Coast 50%, and Rift Valley 27%.Land issues are matters of live and death because the Government has not crafted policies that allows alternative economic development. That is massive investment in human resource, Industries, education among others.
Impunity
Impunity is the exemption from punishment or loss. The amended set of principles for the protection of human rights through action to combat impunity defines impunity as, the impossibility de dure or de facto of bringing the perpetrators of violations to account-whether in criminal, civil, administrative or disciplinary proceedings-since they are not subject to inquiry that might lead to their being accused, arrested, tried and if found guilty, sentenced to appropriate penalties and to making reparations to their victims.
The first principal of the same document states that impunity arises from a failure by States to meet their obligations to investigate violations; to take appropriate measures in respect of perpetrators particularly in the area of justice by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly purnished;to provide victims with effective remedies and to ensure they receive reparation for the injuries suffered; to ensure the inalienability right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations.
Impunity is common in countries that lack a tradition of the rule of law, suffer from corruption or that have entrenched patronage or where judiciary is weak.
It is a common knowledge that during Kenyatta and Moi dictatorship regimes in Kenya, judiciary has been in existence to serve the executive presidency and as a tool of oppression not justice. These are the main reasons as to why; perpetrators of economic crimes like golden berge, anglo-leasing land grabbing, tax evasion among others are walking scot free, perpetrators of gross violation of human rights some adversely mentioned in the report of the judicial commission of inquiry into tribal clashes in Kenya(Judge Akilano Akiumi commission) the Ndung’u report, the commission of into 2007-2008 post election violence to mention a few, have not brought to justice to account for their criminal or political responsibility. For a very long time, Kenya has been a police State whereby police have been arresting prosecuting and sentencing mostly victims of circumstances.
Nairobi and Central have higher roads density than other region in the Country. If the density of roads is examined against the geographical size of each region as well as population then it can be argued that there is no justification of this situation. North Eastern and Coast are the least served.
As enshrined in the Kenyan constitution, all sovereign power belongs to the people of Kenya and shall be practised in accordance with the constitution.
This should be adopted by the United Nation that all global powers shall belong to global citizens and shall be practised in accordance with their constitutions and international laws. It is the fundamental duty of the United Nations and member States to observer, respect, protect, promote and facilitate the enjoyment of human rights and freedoms to their citizens.
The United Nations and member States should be held accountable where no one is punished for crimes against humanity weather political, economic or social. People of the world should refuse to die and breathe life in practising non-violence in responding and resisting, repression, oppression, domination, brutality, war, terrorism and other neo-liberal capitalist globalization.
People of the World must resist the dominance of giant transnational corporations and financial markets in which the accumulation of power and profits are the goals. To them market values take precedence over human dignity and human rights.
We must tirelessly fight Neo liberal programs and policies which have resulted to escalating inequalities, exclusion and too often death.
In solidarity with the poor of the poorest and the working class, we should always demand for strong institutions that ensure the enjoyment of human rights and social justice now and forever!
January 10, 2011 in Gender by hima
The United Nations Children’s Fund (UNICEF) today hailed a new law granting children in the Republic of Congo belonging to indigenous populations a legal basis to access health, education and protection.
UN News Centre – Women, Children, Population
January 9, 2011 in Gender by Gwasa
In an effort to help law enforcement agencies in southern Africa respond to gender-based violence effectively, the United Nations Office for Drugs and Crime (UNODC) said today that it has launched a handbook and a training curriculum to improve the capacity of national police forces in the region to combat the problem.
UN News Centre – Women, Children, Population
January 9, 2011 in Human Rights by hima
An independent United Nations human rights expert today welcomed a new law recently adopted in the Republic of Congo, calling it a “significant” step in ensuring the rights of indigenous peoples.
UN News Centre – Human Rights
January 6, 2011 in Human Rights by Rights Writer
hrw: India: Repeal Sedition Law http://bit.ly/gPEqQF
Twitter / hrw
January 5, 2011 in Human Rights by Diren Shah
Washington, DC (Vocus) March 3, 2010
The American Bar Association Section of Individual Rights and Responsibilities named civil liberties and human rights attorney Paul M. Smith as the recipient of this year’s Thurgood Marshall Award, which will be presented Aug. 7 at the ABA Annual Meeting in San Francisco.
A partner in the Washington, D.C. office of Jenner & Block, Smith is one of the country’s leading lawyers in the areas of First Amendment litigation and appellate advocacy. He has presented oral argument in more than a dozen Supreme Court cases, including his groundbreaking advocacy in Lawrence v. Texas, the landmark gay rights case that is often compared in significance to the Brown v. Board of Education case, which was argued and won by Thurgood Marshall.
Smith has not only led the way in advancing LGBT civil rights, but he has also been a leading advocate in addressing voting rights issues, including arguing three times before the U.S. Supreme Court in voting rights matters since 2004. His most recent argument was in Crawford v. Marion County Election Board, a 2008 case challenging an Indiana voter ID law, which has been called the most significant election law case to reach the Court since Bush v. Gore in 2000. Smith has also been a leader in advancing freedom of speech, especially with regard to the application of the First Amendment to the Internet and video games.
The Thurgood Marshall Award recognizes substantial, long-term contributions to the advancement of civil rights, civil liberties and human rights in the United States. The section established the award in 1992, conferring the inaugural award upon U.S. Supreme Court Justice Thurgood Marshall. Since that time, recipients have included:
1993 Judge Frank M. Johnson
1994 Oliver W. Hill
1995 Ralph S. Abascal
1996 Jack Greenberg
1997 Judge Damon J. Keith
1998 Stephen B. Bright
1999 Associate Justice Ruth Bader Ginsburg
2000 Judge Revius Q. Ortique, Jr.
2001 Judge William Wayne Justice
2002 Judge Don Edwards
2003 Dale Minami
2004 Fred D. Gray
2005 Judge Abner J. Mikva
2006 Julius Chambers
2007 Judge Matthew J. Perry, Jr.
2008 Judge Nancy Gertner
2009 Former Attorney General Janet Reno
The keynote speaker for the August event will be announced in March.
With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
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January 2, 2011 in Human Rights by Ritu
New York (Vocus) July 19, 2010
Despite a general distrust of government, most Tea Party supporters believe the Supreme Court will correctly decide difficult issues, even if they are unpopular and go against the will of the president or Congress, a new survey finds.
The survey, co-authored by Nathaniel Persily, the Charles Keller Beekman Professor of Law and Political Science at Columbia Law School, also found a majority of Tea Party supporters approve of the Supreme Court’s performance.
The results were taken from an online survey by Knowledge Networks on a wide range of issues that probed attitudes toward constitutional issues, including gun control, abortion rights, and the death penalty.
Some 1,027 people answered questions, including 456 who identified themselves as supporting the Tea Party movement. Harvard University political scientist Stephen Ansolabehere co-wrote the survey with Persily.
Some 80 percent of Tea Party backers either have a great deal or some confidence in the Supreme Court, compared to just 37 percent for Congress and 39 percent for President Obama. Overall, 56 percent approve of the job the Supreme Court is doing, compared to 63 percent of those surveyed who do not support the Tea Party.
On issues before the court, the survey found:
Eighty percent of Tea Party supporters agree the Supreme Court should recognize a right to privacy even if it is not explicitly stated in the Constitution.
Some 48 percent believe the Constitution should be viewed as a general set of principles that can change over time, compared to 74 percent of respondents who do not back the Tea Party.
Asked whether the Supreme Court should focus less on the Constitution’s original intent and more on the effect its decisions will have today, just 38 percent of Tea Party backers support that notion, compared to 69 percent not in the Tea Party.
While 72 percent of those who do not support the Tea Party approve of Elena Kagan’s nomination to the Supreme Court, just 33 percent of movement supporters back her. Persily said that number was likely held down by President Obama’s low numbers from Tea Party supporters. They gave him just a 26 percent approval rating.
The survey is a follow-up to a similar poll done in 2009. Both have a margin of error of 4 percent.
The full Tea Party survey can be read here. The results from all respondents can be read here.
Columbia Law School, founded in 1858, stands at the forefront of legal education and of the law in a global society. Columbia Law School joins its traditional strengths in international and comparative law, constitutional law, administrative law, business law and human rights law with pioneering work in the areas of intellectual property, digital technology, sexuality and gender, criminal, national security, and environmental law.
Visit us at http://law.columbia.edu
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Related Human Rights Press Releases
December 30, 2010 in Mott Foundation by hima
mottfoundation: Mott grants National Employment Law Project $ 30,000 for Technical Assistance for Trade Adjustment Assistance http://bit.ly/gVtkz5
Twitter / mottfoundation
December 30, 2010 in Human Rights by hima
HRC: RT @lilgizzy1983: Christmas present from bro and sis in law @HRC @ace_enders @jennrockenders http://twitpic.com/3jd3wz
Twitter / HRC
December 29, 2010 in Human Rights by hima
This historic morning, President Obama signed into law the repeal of “Don’t Ask, Don’t Tell.” This is 17 years in the making, and it’s about time. Soon, gay and lesbian service members will be able to wake up and go to work without the fear of getting fired for their sexual orientation. The stain on American ideals is gone, forever.
In speaking before a massive crowd of repeal supporters, including many troops discharged under the law, the President thanked both Democrats and Republicans who voted for repeal, putting “conviction ahead of politics.” He also made clear that in his discussions with the service chiefs all of whom agreed to implement the new policy “swiftly and efficiently.”
Although HRC continues to warn service members that repeal is not effective immediately, this no doubt is the best holiday gift for our gay, lesbian and bisexual troops. Congratulations and happy holidays
December 27, 2010 in Books by hima
This new edition of David Forsythe’s successful textbook provides an authoritative overview of the place of human rights in international politics in an age of terrorism. The book focuses on four central themes: the resilience of human rights norms, the importance of ‘soft’ law, the key role of non-governmental organizations, and the changing nature of state sovereignty. Human rights standards are examined according to global, regional, and national levels of analysis with a separate chapter de
List Price: $ 33.99
Price: $ 13.74
December 27, 2010 in Videos by hima
For more information, visit: www.equitycam.tv. ‘Equitable land solutions’ tells the following story: As land titles are being made systematically, a large part of the people remain without hard titles. This can create big conflicts and has already made many homeless. Both people and businessmen seem to try to profit from the situation. Will the expropriation law help to solve some of the issues in evictions? It is Equity Weekly show # 132. It is a Feature P2/2 and aired in/on . It was distributed through National TV / Satellite and produced by UNDP / TVK for AUSAID, CIDA, SIDA, IRISH AID.
December 26, 2010 in Human Rights by Ritu
Late yesterday, the President signed into law a continuing resolution (CR) funding the federal government through March 4, 2011 largely at the same levels as appropriated for FY 2010, which ended on October 1. Republican political maneuvering in this jam-packed lame duck session prevented the Senate from even considering the House-passed omnibus appropriations bill, which contained important increases for HIV/AIDS programs and dedicated dollars for implementation the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. As a result, the Senate had to move forward with a short-term funding bill before a government shutdown occurred. While the CR does maintain the desperately-needed increases in HIV funding that Congress adopted in the FY 2010 appropriations bills, it fails to address many of the critical needs in HIV prevention, treatment and research – notably the underfunded AIDS Drug Assistance Programs (ADAPs) that provide critical HIV medicines to those that cannot afford them.
While Republican control of the House in the New Year will add significant challenges to getting more funding for these critical programs, we will continue to push Congress to use every possible resource to address HIV/AIDS, hate violence and other issues critical to the LGBT community.