Values, Policies and Rights

United Nations to establish single new agency to deal with rights of women
United Nations: 15 September 2009

Four United Nations agencies and offices will be amalgamated to create a new single entity within the organisation to promote the rights and well-being of women worldwide and to work towards gender equality. The UN Development Fund for Women (UNIFEM), the Division for the Advancement of Women, the Office of the Special Adviser on Gender Issues and the UN International Research and Training Institute for the Advancement of Women (UN-INSTRAW) will be merged. Secretary-General, Ban Ki-moon, said he was ‘particularly gratified’ that the Assembly had accepted his proposal for ‘a more robust promotion’ of women’s rights under the new entity. Mr Ban said that he had appointed more women to senior posts than at any other time in the history of the UN, including nine women to the rank of under-secretary-general. The number of women in senior posts has increased by 40% under his tenure.

Ensuring workers’ rights to health and safety in SADC
Work and Health in Southern Africa (WAHASA): September 2008

The Southern African Development Community (SADC) Protocols on Health (1999), and Mining (1997) requires member states to co-operate in delivering and improving occupational health in the region’s mining sector. But the rights of mineworkers and other workers to health and safety have not been realised, according to this policy brief. Harmonisation of standards in the region, and monitoring of compliance with standards, is now more critical in the age of free trade agreements. These agreements should not impact negatively on workers’ health, through the exporting of hazardous processes within the region to where regulation and enforcement is less stringent, as well as through pressure to reduce occupational health requirements to allow companies to become more competitive. Stakeholders should hold SADC and member states to the realisation of workers’ health and safety rights and take action when rights are not upheld and targets are not met. They can also identify issues and areas in which collaboration is necessary and ensure that resources and strategies are in place to deliver what is needed.

Guidelines for occupational safety and health, including HIV in the health services sector
Uganda Ministry of Health: February 2008

These guidelines recognise that all types of work are hazardous and persons at work are exposed to situations that may result into injury, disease or even death. In Uganda, the authors argue that the health sector is loaded with a wide variety of situations where health and safety issues are crucial. Additionally, while the economic cost of occupational risks is high, public awareness of safety and health tends to be quite low. The Ugandan health sector requires a standardised framework for workplace safety and health, including responding specifically to HIV as a workplace hazard. The first chapter gives background information on occupational health and safety (OHS). The second addresses the basic OHS principles and interventions. The third deals with management of HIV and AIDS as a specific workplace hazard, while the fourth covers management of the other common hazards that exist at the health workplace. The final chapter deals with implementation of a workplace safety and health programme, including aspects of monitoring.

The role of development cooperation and food aid in realising the right to adequate food: Moving from charity to obligation
De Schutte O: April 2009

This report by the Special Rapporteur on the Right to Food, Olivier de Schutter, examines the contribution of development cooperation and food aid to the realisation of the right to food. Interventions include both long-term support for food security and short-term answers to emergency situations. This report makes a number of suggestions on how to reorient both types interventions by better integrating a perspective grounded in the human right to adequate food at three levels: in the definition of the obligations of donor states; in the identification of the tools on which these policies rely; and in the evaluation of such policies, with a view to their continuous improvement. At its core, a human rights approach turns what has been a bilateral relationship between donor and partner, into a triangular relationship, in which the ultimate beneficiaries of these policies play an active role. Seeing the provision of foreign aid as a means to fulfil the human right to adequate food has concrete implications, which assume that donor and partner governments are duty-bearers, and beneficiaries are rights-holders.

United Nations Report on the Implementation of Economic, Social and Cultural Rights
UN High Commissioner for Human Rights: 8 June 2009

This report considers implementing and monitoring human rights with specific reference to economic, social and cultural rights. It addresses the specific challenges posed by the complex array of obligations that stem from economic, social and cultural rights, including progressive realisation and non-discrimination, outlines various ways of monitoring legislation and other normative measures, such as regulations, policies, plans and programs, and elaborates on monitoring the realisation of rights, paying particular attention to human rights impact assessments. Monitoring the realisation of economic, social and cultural rights can be achieved through assessing progress, stagnation or retrogression in the full enjoyment of those rights over time. The report also provides useful indicators and benchmarks for budget analysis and addresses the issue of monitoring violations of economic, social and cultural rights. Monitoring violations of these rights can be achieved through recording complaints filed before judicial and quasi-judicial mechanisms.

Universal Periodic Review of Human Rights
Dr Purna Sen: July 2009

The Universal Periodic Review mechanism of the UN Human Rights Council, which came into effect in 2008, has established itself as a mechanism with huge potential and which promotes dialogue and a level playing field for all countries undergoing the review of their human rights record. Building on the Commonwealth Secretariat’s observations and analysis of the process, and the seminars it has conducted with member states, Universal Periodic Review of Human Rights consolidates the lessons learned so far, speaking equally to the three major stakeholders in the process – to states, to national human rights institutions, and to civil society organisations. An effective UPR mechanism will enhance the promotion of human rights across the world. It is therefore essential for the key players to understand and advance the UPR process including at the implementation phase. This publication describes UPR, shares experiences and provides analysis of the Commonwealth countries that reported in the first year of the UPR process.

Amnesty International Report 2009
Amnesty International: 2009

The Amnesty International Report 2009 is a record of the state of human rights during 2008 in 157 countries and territories around the world. It depicts the systemic discrimination and insecurity that hinders the application of the law, where states pick and choose the rights they are willing to uphold, and those they would rather suppress. The report presents five regional overviews highlighting the key events and trends that dominated the human rights agenda in each region in 2008. It further takes a country-by-country survey of human rights, summarising the human rights situation in each country. The regional overviews reveal that, in Africa, there is still an enormous gap between the rhetoric of African governments and the daily reality where human rights violations remain the norm: violent protests and poverty continued in many African countries, exacerbated by repressive attitudes of governments towards dissent and protest. Governments have failed to provide basic social services, like health services, address corruption and be accountable to their people.

Gender and AIDS mainstreaming in Zambia: Opportunities for better synergies
Halvorsen V, Hamuwele D and Skjelmerud A: 2009

The aim of this report is to see how gender and AIDS concerns could be better mainstreamed in Zambia’s Norwegian Embassy portfolio. It indicates that gender inequalities exist at all levels in Zambia, and challenges remain critical and fundamental to the country’s achievement of its vision and goal on gender. Four programmes were reviewed, and the researchers noted that good opportunities existed for better synergies and learning. They give four key recommendations. First, internal organisation is required at the Embassy – responsibility should be placed at management level, and gender and AIDS competence should be secured. Second, at programme level, selection and focus should be on only one or two gender and AIDS mainstreaming topics. Third, at programme level, the main focus should be on only one programme or sector (in addition to improved quality work on the others). And fourth, at policy level, further work is needed to integrate the gender and AIDS aspects in the political dialogue with the government of Zambia and key development partners.

Kenyan AIDS patients seek to overturn anti-counterfeiting law as unconstitutional
Wadhams N: Intellectual Property Watch, 7 July 2009

Three HIV/AIDS patients in Kenya announced Tuesday they will petition the country’s Constitutional Court to declare a new anti-counterfeiting act illegal because it could deny them access to generic medicines. The move, which has the support of public health groups across the country, seeks to have the 2008 Anti-Counterfeiting Act made unconstitutional on the grounds that it could rob them of their right to life. The anti-counterfeiting law’s definition of counterfeits is so vague that it could include generic drugs and allow a pharmaceutical company to charge patent infringement in Kenya even if its patent is not registered there. International donors who fund much of the drug distribution, including the US President’s Emergency Plan for AIDS Relief and the Global Fund to Fight AIDS, Tuberculosis and Malaria, rely almost exclusively on generics manufacturers for their supply. The Kenyan act has gained widespread attention abroad because it is being used as a partial template for similar anti-counterfeiting bills in Uganda, Tanzania and other African nations.

Moving beyond gender as usual
Ashburn K, Oomman N, Wendt D and Rosenzweig S: 29 June 2009

This study looks at how sub-Saharan Africa’s three main HIV and AIDS donors have incorporated gender issues into their policies, and to what extent they have been put into practice and monitored. Although PEPFAR, the Global Fund and MAP have all made high-level commitments to address gender issues in their programming, these commitments have ‘not yet produced concrete and systematic action on the ground’. The study found 61% of people living with HIV in sub-Saharan Africa are women, up from about 33% in the 1980s, and argues that gender inequality seriously undermines efforts to curb the epidemic and has actually fuelled the spread of HIV in the region, making women vulnerable to sexual violence, hindering their ability to have safe sex, and limiting their access to health, education and employment. It urges the three donors to collaborate on gender issues to make the most of their individual strengths and avoid duplication by helping countries establish gender-related goals in their HIV and AIDS responses, and sharing research and knowledge.

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