INSIGHT - August 2014 by iaIGO

AUGUST 2014 ISSUE 01

iaIGO is a Geneva-based, non-profit organization (with a Dubai office) fully dedicated to upholding and implementing the Universal Declaration of Human Rights at local, regional and international levels. Its membership is comprised of individuals, educators, and groups from around the world who are actively protecting and promoting the human rights knowledge. More importantly, iaIGO does not hold on to any political strategy or scheme, rather it constructively aims to uphold international human rights norms and laws in the GCC region and globally. iaIGO’s core purpose is to provide human rights educational resources and activities that specifically educate, assist, and unite individuals, educators, organizations and other bodies. It further aims to disseminate and adopt the Universal Declaration of Human Rights and other international and domestic human rights instruments in all societies.

OUR MISSION iaIGO’s mission is to protect and uphold human rights around the world. We stand to prevent discrimination, to protect people from inhumane conduct, and to uphold justice. We believe that we are most powerful when we collectively stand together for human rights. IGO will identify, analyze, and report human rights violations around the world.

OUR HISTORY Founded in 2012, International Association – International Gulf Organization (iaIGO)’s primary objective is to improve and enhance the overall human rights conditions in the GCC and abroad, while simultaneously developing actions and initiatives within the international legal framework. To further protect and uphold human rights globally, iaIGO aims to facilitate the following core objectives: actively participating in the GCC reform process of the legal systems, lobbying new laws and amendments to the existing laws, conducting ﬁeld-based studies to report human and labor rights violations to the concerned state authorities and to the public, and most importantly, educating citizens and residents of the country on the basic principles of human rights.

I am very pleased to announce the International Association – International Gulf Organization (iaIGO)’s magazine, Insight. Our magazine’s primary objective is to create and share an open discussion on human rights issues, while empowering those voiceless and promoting iaIGO’s ongoing core priorities- human rights, women/children rights and labor rights- based on the Universal Declaration of Human Rights. As shown over the previous years, iaIGO has continued to engage in various complex issues by holding and participating in conferences that aim to protect and promote human rights dialogues and actions especially in the GCC. Our magazine provides a platform to connect with the international community, sharing with them with a deeper understanding about human rights issues across the region. I hope that this iaIGO magazine will not only provide a highly stimulating intellectual discussion, but also serve as a vehicle towards developing more genuine and action-oriented human rights solutions globally. Sincerely, Mansoor Lootah President

INDEX HISTORY OF HUMAN RIGHTS

A brief history of human rights development.

WOMEN AND THIER RIGHTS

Important developments in the history of womens rights.

CHILDREN’S RIGHTS

10 12 14

Brief history about the development of children’s rights.

On behalf of International Association – International Gulf Organization (iaIGO), I am extending my deepest gratitude for supporting our ongoing global eﬀorts to promote and protect the Universal Declaration of Human Rights in the GCC region and globally.

LABOR RIGHTS

iaIGO’s role has continued to expand by actively being involved in regional and international cooperation, while facilitating knowledge sharing with relevant human rights activists and organizations. Our most recent participation in global human rights conferences in Switzerland, Egypt, and Bahrain, have not only deepened our human rights understanding, but also further reinforced our unfailing commitment to addressing our core priorities globally.

THE VAN GUJJAR STORY

Our first iaIGO magazine explores the interplay and complex dynamics of human rights, labor rights, and women/children rights that affect GCC communities and beyond. This particular magazine will not only provide deeper insights on human rights issues, but also demonstrate our efforts to contribute to contemporary human rights discussion in the GCC region and globally. We greatly look forward to receiving your feedback for our upcoming issue.

Development of labor rights in the GCC and abroad.

Oped about issues faced by the minority group Van Gujjar.

Sincerely, Hasan Bin Thaleth General Secretary

OUR TEAM Editor Nasreen Abdulla

Media & Marketing Manager Robert Resto

Sub-Editor Safa Ghafoor

Human Rights Advisor Isa Alarabi

Sub-Editor Froilan Malit Jr.

Graphic Designer Muhammed Hisham

HISTORY OF HUMAN RIGHTS INTRODUCTION

lthough the practice of guaranteeing a person his rights can be traced back several centuries, the basic ideas of the modern human rights movement developed after the Second World War. The international community was determined not to repeat the atrocities that occurred during the wars. They knew that it was the need of the hour to establish an independent body that would make it a mission to uphold peace and security in the world. The League of Nations had been established in 1919 after the First World War with the same goal but it ceased to function after it failed to prevent the Second World War. Then in 1942, US President Franklin D Roosevelt suggested using the term United Nations to refer to the Allied Power or the group of

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countries that opposed Germany and the Axis Power. It was first used in the Declaration by United Nations of 1 January 1942, during the Second World War, when representatives of 26 nations pledged their governments to continue fighting together against the Axis Powers. In 1945, representatives of 50 countries met in San Francisco to draw up the United Nations Charter, which was signed on 26 June 1945. Poland, which was not represented at the Conference, signed it later and became one of the original 51 Member States. The United Nations officially came into existence on 24 October 1945, when the Charter had been ratified by the 5 permanent members of the Security Council- China, France, the Soviet Union, the United Kingdom, and the United States- and by a majority of other signatories.

Universal Declaration of Human Rights (UDHR)

ELEANOR ROOSEVELT Holding a large copy of Universal Declaration of Human Rights

On 10th December 1948, the UN adopted the Universal Declaration of Human Rights which recognized “the inherent dignity” and the “equal and inalienable rights of all members of the human family” as “the foundation of freedom, justice and peace in the world”. It consisted of 30 articles and outlined the basic right every human being should have. It was drafted over 2 years by the Commission of Human Rights. According to the UDHR website : “The Commission on Human Rights was made up of 18 members from various political, cultural and religious backgrounds. Eleanor Roosevelt, widow of American President Franklin D. Roosevelt, chaired the committee. With her were René Cassin of France, who composed the first draft of the Declaration, the Committee Rapporteur Charles Malik of Lebanon, Vice-Chairman Peng Chung Chang of China, and John Humphrey of Canada, Director of the UN’s Human Rights Division, who prepared the Declaration’s blueprint. But Mrs. Roosevelt was recognized as the driving force for the Declaration’s adoption.” At a time when the world was deeply divided and still reeling from the effects of two wars, it was an uphill task to find a common ground for human rights that every country could agree to. But the UDHR drafting committee completed the task adeptly. The UDHR has inspired more than 80 international human rights treaties and declarations, a great number of regional human rights conventions, domestic human rights bills, and constitutional provisions. Building on the achievements of the UDHR, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights entered into force in 1976. Together with the UDHR, the Covenants comprise the International Bill of Human Rights. The body of international human rights law continues to grow, evolve and further elaborate the fundamental rights and freedoms contained in the International Bill of Human Rights. It now addresses concerns such as racial discrimination, torture, enforced disappearances, disabilities, and the rights of women, children, migrants, minorities, and indigenous peoples.

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U N I UT NE ID T E DN A T NI A O TN I SO N

Navanethem “Navi” Pillay

High Commissioner for Human Rights (2008 – Current)

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR) Aim: to promote and protect human rights guaranteed under international law and in the Universal Declaration of Human Rights. The Oﬃce is headed by the High Commissioner of Human Rights, who co-ordinates human rights activities throughout the UN System and supervises the Human Rights Council in Geneva, Switzerland.

CHARTER-BASED BODIES

Human Rights Council

Universal Periodic Review

An inter-governmental body within the United Nations system made up of 47 States responsible for the promotion and protection of all human rights around the globe. Upcoming session: 27th session of the HRC (8 - 26 Sept 2014)

A unique process which involves the review of the human rights records of all UN Member States. By October 2011, it had reviewed the human rights records of all 193 UN Member States. Upcoming session: 20th session (27 October - 7 November 2014)

Special Procedures of the Human Rights Council Central element of the United Nations human rights machinery and covers all human rights: civil, cultural, economic, political, and social.

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U MH AU NM A NR I G RH I TGS H T S TREATY-BASED BODIES There are nine human rights treaty bodies that monitor implementation of the core international human rights treaties: Human Rights Committee (CCPR)

Committee against Torture (CAT)

Body of independent experts that monitor implementation of the International Covenant on Civil and Political Rights by its State parties.

Body of 10 independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. Committee on the Rights of the Child (CRC)

Committee on Economic, Social and Cultural Rights (CESCR)

Body of 18 independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties.

Body of 18 independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties.

It also monitors implementation of two Optional Protocols to the Convention, on involvement of children in armed conďŹ&#x201A;ict and on sale of children, child prostitution and child pornography. Committee on Migrant Workers (CMW)

Committee on the Elimination of Racial Discrimination (CERD) Body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its State parties.

Body of independent experts that monitors implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by its State parties. Committee on the Rights of Persons with Disabilities (CRPD) Body of independent experts which monitors implementation of the Convention on the Rights of Persons with Disabilities by the States Parties.

Committee on the Elimination of Discrimination against Women (CEDAW)

Committee on Enforced Disappearances (CED)

Body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

Body of independent experts which monitors implementation of the Convention for the Protection of All Persons from Enforced Disappearance by the States Parties.

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WOMEN AND THEIR RIGHTS All humans have equal rights irrespective of whether they are men or women. That’s the theory. But in reality, women’s rights are repeatedly violated with impunity in most- if not all- countries across the world. Trafficking, honor killings, forced marriages, acid attacks, slave labor, rape, abuse, harassment- the list of violations against women is scarily long. The figures are also clear- Women and girls represent 98 per cent of the estimated 4.5 million forced into sexual exploitation. 2-3rds of the illiterate adults in the world are women. Approximately 140 million girls and women in the world have suffered female genital mutilation/cutting.

HISTORY

hen the Universal Declaration of Human Rights was written in the aftermath of two crushing world wars, the emphasis was placed on restricting powers of countries rather than ensuring gender equality. But as the world advanced and technology improved, the gap between what women’s rights should be and what they actually were had began to show. It was later recognized that certain rights are speciﬁc to women, or need to be emphasized in the case of women. The Commission on the Status of Women (CSW) was established on 21 June 1946. They elaborated on several conventions relating to political rights, marriage and other rights. However these did not deal with discrimination and the lack of rights that women faced comprehensively. Thus, the General Assembly (GA), on 5 December 1963, invited the CSW to prepare a draft declaration that would combine in single instrument international standards

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articulating the equal rights of men and women. The Declaration on the Elimination of Discrimination against Women was adopted by the GA on 7 November 1967. It had no contractual obligation but some of its articles pertaining to marriage and employment created a lot of controversy. In 1972, the CSW started considering a binding treaty on women’s rights and requested the Secretary-General to ask UN Member States to voice their opinion on such a proposal. The following year, a working group was appointed to consider the elaboration of such a convention and in 1974, the Commission decided to complete a single, comprehensive and internationally binding treaty to eliminate discrimination against women. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the GA in 1979 by votes of 130 to none, with 10 abstentions.

At the special ceremony that took place at the Copenhagen Conference on 17 July 1980, 64 States signed the Convention and two States submitted their instruments of ratiﬁcation. On 3 September 1981, the Convention entered into force - faster than any previous human rights convention had done. Later in 1996, the Commission’s mandate was expanded and it took a leading role in monitoring the progress in implementing the Beijing Declaration and Platform for Action, the key global policy document on gender equality, and in mainstreaming a gender perspective in UN activities. • The 58th session of the CSW took place at the UN Headquarters in New York from 10 to 21 March 2014 • Its Priority theme was ‘Challenges and achievements in the implementation of the Millennium Development Goals (MDGs) for women and girls’

I M P O R TA N T D E V E L O P M E N T S I N W O M E N ’ S R I G H T S CEDAW (1979)

Convention".

CEDAW is one of the most important international treaties that guarantees several civil and legal rights to women. Article 2 condemns discrimination while article 3 calls on all State Parties to put in place legislations that ensure women equal rights as men. The agenda for equality is speciﬁed in fourteen subsequent articles in the document.

At least every four years, the States parties are expected to submit a national report to the Committee, showing what measures they have adopted to provisions of the Convention.

Described as an international bill of rights for women, the Convention also focuses on one of the most vital concern of women- their reproductive rights. Article 5 requires that “family education includes a proper understanding of maternity as a social function”. And Article 16 provides women equal rights as men to “decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights”. The implementation of the Convention is monitored by the Committee on the Elimination of Discrimination against Women that is composed of 23 experts nominated by their Governments and elected by the States parties as individuals "of high moral standing and competence in the ﬁeld covered by the

CEDAW AT A GLANCE 187 - The number of countries, out of 194 countries, that have ratified the treaty. 7 - The number of countries that have NOT ratified CEDAW, including the United States, Iran, Somalia, Sudan, South Sudan, and two small Pacific island nations (Palau, and Tonga). Dec 2000 - The Optional Protocol to CEDAW, entered into force in December 2000. 99- 99 countries have ratified the protocol.

World Conference on Human Rights Vienna (1993) The 2-week world conference in Vienna was marked by an unprecedented degree of participation with some 7,000 people attending. It marked the beginning of a renewed effort to strengthen and further implement the body of human rights instruments constructed on the foundation of the Universal Declaration of Human Rights since 1948. In terms of women’s rights, it was a historic conference for several reasons. One was that it supported the creation of a new mechanism, a Special Rapporteur on Violence against Women, subsequently appointed in 1994. Another was that the The Vienna Declaration and Programme of Action identified that violence against women (VAW) as a key issue. Soon after Vienna, the UN General Assembly adopted the Declaration on the Elimination of Violence Against Women. In 1994, the UNHCR adopted its first resolution on gender integration, which has evolved into regular sessions at the Human Rights Council as well as a wide range of efforts to bring women’s perspectives more fully into work on human rights in all areas.

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I M P O R IT M A PN OT R T A N TD E V E L O D PE M V EE LNOT PS M E Beijing Declaration and Platform for Action (1995) September 1995 saw the culmination of decades of a global movement. From September 4th to 15th official representatives from over 180 countries gathered in Beijing, China, for the Fourth World Conference on Women. For ten days, they worked on refining the document that would reflect the issues and concerns of the world’s women at the end of the 20th century- the Beijing Declaration and Platform for Action. The Beijing Platform concentrates on 12 "critical areas of concern" that require attention in order to achieve gender quality and women's empowerment: 1

The persistent and increasing burden of poverty on women

Inequalities and inadequacies in and unequal access to education and training

Inequalities and inadequacies in and unequal access to health care and related services

Violence against women

The eﬀects of armed or other kinds of conﬂict on women, including those living under foreign occupation

Inequality in economic structures and policies, in all forms of productive activities and in access to resources

Inequality between men and women in the sharing of power and decision-making at all levels

Insuﬃcient mechanisms at all levels to promote the advancement of women

Lack of respect for and inadequate promotion and protection of the human rights of women

10 Stereotyping of women and inequality in women's access to and participation in all communication systems, especially in the media 11 Gender inequalities in the management of natural resources and in the safeguarding of the environment 12 Persistent discrimination against and violation of the rights of the girl child The responsibility of implementing the Beijing Platform for Action was given to not just governments, but also to institutions in the public, private and non-governmental sectors at the community, national, sub regional, regional and international levels. The Platform acknowledges that significant progress will depend on building strategic partnerships and involving all stakeholders in the efforts towards change. In every sense, it was one of the most profound documents for women’s rights. It aimed to enhance the social, economic and political empowerment of women, improve their health and their access to relevant education and promote their reproductive rights by setting time specific targets and urging countries to take action.

UN Security Council Resolution 1325 (2000) On 31 October 2000, the United Nations Security Council unanimously adopted United Nations Security Council Resolution 1325, the ﬁrst formal and legal document from the United Nations Security Council that requires all states to respect the rights and protection of women and girls during and after the armed conﬂicts.

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I NW O M E NW’ OS M E N ’ SR I G H T SR I G H T S Millennium Development Goals (MDGs) (2000) The MDGs are 8 international development goals that all 191 UN Member States have agreed to try to achieve by the year 2015. Although these goals are not exclusively about women’s rights, the general improvement of the status of women forms the core of it. The goals are MDG 1: Eradicate extreme poverty and hunger. Targets include: • Halve, between 1990 and 2015, the proportion of people whose ••••income is less than $1 a day • Achieve full and productive employment and decent work for all, ••••including women and young people • Halve, between 1990 and 2015, the proportion of people who ••••suffer from hunger MDG 2: Achieve Universal Primary Education. Target includes: • Ensure that, by 2015, children everywhere, boys and girls alike, ••••will be able to complete a full course of primary schooling. MDG 3: Promote gender equality and empower women. Target includes: • Eliminate gender disparity in primary and secondary ••••education, preferably by 2005, and in all levels of education no ••••later than 2015 MDG 4: Reduce child mortality. Target includes: • Reduce by two thirds, between 1990 and 2015, the under-five ••••mortality rate MDG 5: Improve maternal health. Target includes: • Reduce by three quarters the maternal mortality ratio • Achieve universal access to reproductive health. Inadequate ••••funding for family planning is a major failure in fulfilling ••••commitments to improving women’s reproductive health

MDG 6: Combat HIV/AIDS, Malaria and other diseases. Targets include: • Halt and begin to reverse the spread of HIV/AIDS • Achieve, by 2010, universal access to treatment for HIV/AIDS for ••••all those who need it MDG 7: Ensure Environmental stability. Targets Include: • Integrate the principles of sustainable development into country ••••policies and programmes; reverse loss of environmental ••••resources • Reduce by half the proportion of people without sustainable ••••access to safe drinking water and basic sanitation MDG 8: Establish a global partnership for development. Targets include: • Develop further an open, rule-based, predictable, ••••non-discriminatory trading and financial system • In cooperation with the private sector, make available the ••••benefits of new technologies, especially information and ••••communications. Since their adoption more than 13 years ago, significant and substantial progress has been made in meeting many of the eight Millennium Development Goals. However, progress is uneven, particularly for women and girls. The UN is now working with governments, civil society and other partners to build on the momentum generated by the MDGs and carry on with an ambitious post-2015 sustainable development agenda that is expected to be adopted by UN Member States at a Summit in September 2015.

2 0 1 5

-will mark 20 years since the Beijing Declaration and Platform for Action. The CSW will carry out a review and appraisal for the implementation of the program. -is the deadline year to achieve the 8 Millennium Development Goals adopted in 1995.

CONCLUSION

s is evident from the article, women’s rights have slowly evolved over the years, giving them more rights, opportunities and protection. However, the progress has been largely uneven, with some countries championing the cause of women and others choosing to outright ignore it. The Global Gender Gap Report 2013 by the World Economic Forum shows that Iceland is the country that has the least gender gap while Chad, Pakistan and Yemen are the worst off in case of gender equality. A 2014 study by European Union for Fundamental Rights found that 55% of women have experienced some form of sexual harassment since the age of 15. A 2013 report by the World Health Organization (WHO) shows that 35% of women worldwide suffer from physical or sexual violence. The report goes on to elaborate that the findings show that violence against women is not a small problem that only occurs in some pockets of society, but rather a global public health problem of epidemic proportions, requiring urgent action. Serious violations of women’s rights continue unabated across the world on a daily basis. Last month, a pregnant woman in Pakistan was beaten to death outside the court by her family for marrying a man of her choice. Earlier this month two Indian girls- aged 14 and 15- were

raped and hanged from a tree after leaving the house at night to relieve themselves in a nearby field. In Democratic Republic of Congo (DRC) rape is used as a war tool. In Nigeria, last month, more than 200 schoolgirls were abducted by Boko Haram and are yet to be found. These incidents highlight the need to hold governments across the world accountable for investing in and protecting women. Although the 8 Millennium Development Goals and Beijing Declaration and Platform for Action were largely successful in mobilizing global and national efforts to improve the status of women, a lot more work needs to be done. This puts an even greater responsibility on the UN Task Force to design a meaningful post-2015 development agenda that will specifically address women’s issues like violence and improved social and economic status for women. The challenges to improving the state of women are varied. With economic austerity on the rise, few governments are ready to invest in women’s issues. Action on socio-economic aspects of sex discrimination languishes. Most troubling is the growing gap between women whose economic and personal status has improved and those who have been left behind as the gap between rich and poor has widened in the last 20 years.

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CHILDREN’S RIGHTS T

he notion of giving children special rights did not come until the middle of the 19th century. Earlier, kids were thought of as an extended entity of their parents on whom the mother and father had absolute control. However, views began to change in the 17th century when children started being seen as human beings who had their own rights. During the industrial revolution, children were specially employed at the factories and mines and as chimney sweeps, working long hours for low wages. In coal mines, children were made to crawl through tunnels that were too narrow for adults. The poverty of families forced many children to work- some of them were as young as 3 years. But as the century progressed, people became more aware of the plight of working children, largely from the books by Charles Dickens who rendered horrific descriptions of London’s street life. His literature reflected his experience of working 10 hour days in a factory sticking labels on pots of boot blacking. After many protests, a series of laws were passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children- first in the textile industry and then later, in all industries. These are collectively called The Factory and Workshop Acts 1878 to 1895. This set the precedent for other countries. The first formal charter to set out the rights of children was drafted in 1923 by British social reformer Eglantyne Jebb who founded Save the Children International Unit (SCUI) in 1919- one of the first charities aimed at kids. This charter was adopted by the League of Nations in 1924 as the World Child Welfare Charter. In 1925, the first International Child Welfare Congress was held in Geneva, where the Declaration was widely discussed and supported.

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In 1946 after the debilitating eﬀects of the Second World War, the United Nations International Children’s Emergency Fund (UNICEF) was established. The group's ﬁrst leader was Maurice Pate, an American investment banker. He agreed to accept the job only on the condition that he could use the organization to help all needy children, no matter what their nationality was and what the ex-combatant status of their governments was. This was, of course, a controversial point, but Pate made clear from the start that UNICEF would put children above politics, and all would be treated equally. 1979 was declared as the International Year of Children (IYC). It was the brainchild of Canon Joseph Moerman, Secretary General of the International Catholic Child Bureau who felt that even though many organizations were compassionate about children, their issues and rights were being drowned out by more “fashionable” debates. The success of the Year was unprecedented. Not only did many governments increase budgets for child-centric programs but the Year also brought in a contributions windfall to UNICEF. A decade later, in 1989, the Convention on the Rights of the Child was adopted and it entered into force in 1990. The four core principles of the Convention are non-discrimination; the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention changed the way children were viewed and treated. The unprecedented acceptance of the Convention clearly showed a wide global commitment to advancing children’s rights. By February 2010, 193 out of 195 States had become party to the Convention on the Rights of the Child – more than for any other human rights treaty.

Did you know? Despite the provisions of the CRC, blatant violations of children’s rights continue: An estimated 9.2 million children under the age of five die each year from mostly preventable causes. Over 450,000 children in the developing world needed life-saving anti-retroviral therapy for AIDS in 2008 but did not receive it One in four children under the age of five in the developing world are underweight, stunting their motor and cognitive development Over 101 million children of primary school age are out of school; more than half of them are girls One in six children in developing countries are engaged in child labour 86% of children are disciplined in ways that are intended to cause physical pain or emotional distress, according to data from 37 countries. About 51 million children born in 2007 were unregistered at birth, depriving them of a name, nationality and other fundamental rights Source: United Nations Population Fund http://www.unfpa.org/webdav/site/global/ shared/documents/publications/2011/Wo men-Children_final.pdf

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LABOR RIGHTS L

abor rights are a fundamental element of universal human life. It encompasses a complex form of protection and respect for human life in the workforce. These labor rights are legally governed and enforced by the International Labor Organization (ILO), a specialized agency of the United Nations that provides guidance and standards for governments’ labor practices around the world. Over the past 90 years, the ILO has adopted 188 conventions to regulate core labor rights, including the freedom of association, collective bargaining, forced/compulsory labor, child labor, gender discrimination, social security, working conditions, health and safety. In 1998, the ILO established the Declaration on Fundamental Principles and Rights at

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Work to uphold human values that are vital to contemporary social and economic lives. This Declaration covers four fundamental principles and rights at work enforced today by various governments globally (see Table 1). Additional governance (priority) and technical conventions have also been passed—which strictly regulates labor and employment-related conditions—to further increase protection for workers, particularly those living and working under inhumane conditions. Such international labor conventions have not only provided a guiding policy framework for governments, employers, and other related organizations, but also signiﬁcantly strengthened universal workers' rights.

Current Global Labor Rights Status – The Case of GCC Countries

The Case of Qatar

Since the adoption of the ILO Declaration in 1998, many governments, employers, and workers' organizations have increasingly extended commitment to protecting and promoting the labor rights and welfare of workers globally. A recent ILO report (2012), Giving Globalization a Human Face shows that out of 183 UN member states, 48 of them--particularly those with high population levels—have yet to ratify these core conventions to ensure full labor protection and respect for all workers.

Over the past few years, Qatar has experienced major criticisms from

The Gulf Cooperation Council (GCC) --comprising of six-oil rich countries including Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates- have increasingly adopted the ILO conventions. Kuwait, for example, has the highest ratification status among all the GCC countries, signing all ILO conventions, excluding C100 Equal Remuneration Convention. The United Arab Emirates (UAE) has also ratified six of the major ILO conventions. Other GCC countries such as Saudi Arabia, Qatar, and Oman, are yet to ratify some important conventions. In particular, Bahrain has continued to have the least number of ratification records relative to other GCC countries over the past few decades.

Qatar also faces mounting criticisms of its national labor markets--particularly in the construction and domestic work sectors--for failing to extend protection to migrant workers. A highly respected Qatar-based human rights organization, Pravasi Nepali Coordination Committee found that more than 400 Nepali workers have died since Qatar won the World Cup's 2020 bid. Other labor rights organizations also predict that these deaths are expected to increase over the coming years.

international labor and human rights organizations, for failing to adequately protect fundamental rights of migrant workers.

particular, these Western-based human rights organizations heavily criticized the Qatari government for failing to uphold international conventions.

Although GCC countries have increasingly improved their existing ratiﬁcation records, more protection eﬀorts and implementation of ILO conventions are needed to uphold fundamental rights for all workers. Some of the key concerns highlighted by international human rights organizations, include: the exploitative working conditions under the Kafala Sponsorship System; poor living conditions; restrictions on freedom to organize or bargain collectively; non payment of wages; weak implementation of labor laws; and other sexual abuse and violence that make migrants vulnerable in the GCC countries.

Apart from the construction sector, domestic work sector has also generated major criticisms from international human rights organizations. A recent ILO report highlighted how domestic workers' legal exclusion from the country's labor laws have inevitably led to rising number of labor violations in Qatar and other GCC countries. Similarly, a forthcoming iaIGO's policy study found that out of 303 surveyed Filipina domestic workers, 89% of them reported that employers forced them to surrender their passports. Only 2.9% of Filipina domestic workers reported having a single day oﬀ per week, which directly violates the ILO conventions. These labor violations systematically subject and make domestic workers' to vulnerable (i.e. lack of legal redress) in the domestic labor market.

Therefore, stronger and uniﬁed GCC-wide policy coordination is imperative to collectively address these ongoing labor violations and improve regional protection mechanisms and standards in line with the ILO Declaration.

While the Qatari government has introduced new legal reforms to eliminate abuses under the Kafala Sponsorship System, many international labor and human rights organizations, as well as sending country governments, remain pessimistic about these eﬀorts.

CONCLUSION

lthough various governments globally have increasingly ratiﬁed major ILO conventions, more labor protection and enforcement of labor laws are needed to guarantee life, dignity, and respect for all workers around the world. The ILO Declaration has not only provided a guiding policy framework, but has also helped

countries improve their existing labor standards . In the GCC context, while countries have exerted eﬀorts to ratify and improve their labor standards, stronger and uniﬁed region-wide coordination is needed to mitigate ongoing workers exploitations in the construction and domestic work sector (i.e. particularly in the recruitment process).

More importantly, ongoing regional and global dialogues, combined with expansive technical assistance (speciﬁcally on labor standard/policy training for GCC country oﬃcials) and other developing/developed nations, are immediately required to protect fundamental labor and human rights for all workers around the world.

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OPINION PIECE

THE VAN GUJJAR STORY In the milieu Ever since Britain occupied the Indian sub-continent more than two hundred years ago, millions of forest-dependent people have been living in a state of subjugation. That’s because the ruling class always considered them a nuisance as it was impossible to usurp the forest wealth without kicking them out from their abode. The picture didn’t change even after independence in 1947. In order to undo the historic injustice to them and provide them a sustainable base of existence, the government of India passed the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, called the FRA in 2006. But it has been more than seven years since this act was passed and there is a pressing need to look at the status of its implementation. It was supposed to aﬀect the lives of more than 100 million forest dependents in the country, which is most evident in Rajaji National Park in the foothills of Uttarakhand.

Van Gujjars in Rajaji National park The Rajaji Park, which covers an area of 820 sq km, is home to the Van Gujjars who consider the forest to be their veritable lifeline. It is the

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only Muslim forest dwelling community in the country. Traditionally, the Van Gujjars have practiced buffalo husbandry, and on an average, a family owns up to 25 heads of buffaloes that are considered sacred and are treated with utmost care and affection. The high quality, pesticide-free milk and dairy products they produced would fetch a good price in the urban centers of Uttarakhand and Uttar Pradesh. Sustainable use of forest resources is a significant feature of their trade, as the forest caters to the fodder needs of the animals, and the agricultural land is left free for producing food crops. This fodder imparts a special flavor to the milk, thereby enhancing its quality. And these people, who erect their makeshift dwellings called dera in the foothills where they live during winter months and migrate to the hills with their herds during the monsoon, nurture and nourish the forest they live in. Their animals provide manure to the forest and their well-planned and finely tuned transhumance helps to regenerate vegetation in the upper Himalayan stretches. Sadly, they are facing the brunt of the forest officials who destroy their deras, kick them out, even beat their women and throwing their milk and milk products away. And, as they aren’t classified as adivasis (Scheduled Tribes) in Uttarakhand, getting their forest rights is almost impossible as they must give a 75-years proof of residence in the forests.

M I N O R I T Y

ll countries in the world include persons belonging to national or ethnic, religious and linguistic minorities. Although these people enrich the diversity of their societies, they often have to face severe and multiple forms of discrimination. The protection of the rights of minorities is provided for under article 27 of the International Covenant on Civil and Political Rights and article 30 of the Convention on the Rights of the Child. However, the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities is the document which sets essential standards and offers guidance in adopting appropriate legislative and other measures to secure the rights of persons belonging to minorities. The fundamental pillar of human rights and minority legal protection are the principles of non-discrimination and equality which constitute the basis of all core human rights. They apply to everyone and prohibit discrimination on the basis of several categories such as race, colour, religion, language, nationality and ethnicity. Ensuring equal rights to minorities face several hurdles. One of them is that there is no internationally agreed definition as to which groups constitute minorities. The difficulty in arriving at a widely acceptable definition lies in the variety of situations in which minorities live. Some live together in well-defined areas, separated from the dominant part of the population. Others are scattered throughout the country. Some minorities have a strong sense of collective identity and recorded history; others retain only a fragmented notion of their common heritage. According to a definition offered in 1977 by Francesco Capotorti, Special Rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, a minority is: A group numerically inferior to the rest of the population of a State, in a non-dominant position, whose members being nationals of the State - possess ethnic, religious or linguistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards preserving their culture, traditions, religion or language. However, the nationality criterion in the above definition has often been challenged. The requirement to be in a non-dominant position remains important. In most instances a minority group will be a numerical minority, but in others a numerical majority may also find itself in a minority-like or non-dominant position, such as Blacks under the apartheid regime in South Africa. That is why it is now commonly accepted that recognition of minority status should not be solely decided on a set of rules laid down by a document or an organization, but should be based on both objective and subjective criteria. Here is a brief outline of some of the important articles in the UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities.

R I G H T S

Article 1 Every country should protect people of national or ethnic, cultural, religious and linguistic identity of minorities. They should also encourage conditions for the promotion of that identity, using legislative or other methods

Article 2 People belonging to these minority groups have the right to enjoy their own culture; to profess and practice their own religion; to use their own language; to participate in cultural, religious, social, economic and public life; to participate in making national and regional decisions concerning their minority; to establish and maintain their own associations and to maintain, free and peaceful contacts with other members of their group and with persons belonging to other minorities without any discrimination.

Article 3 Persons belonging to minorities may exercise their rights, including those set forth in the present Declaration, individually as well as in community with other members of their group, without any discrimination, without any reprisals.

Article 4 Countries have the responsibility to ensure that minorities can exercise their fundamental human rights without discrimination; to create favorable conditions to help people belonging to minorities to express and develop their culture, language, religion, traditions and customs; to ensure that these minorities have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue; to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory and to ensure that persons belonging to minorities may participate fully in the economic progress and development in their country.

Article 5 National policies and programmes shall be planned and implemented with due regard for the legitimate interests of persons belonging to minorities.

Article 6 States should cooperate on questions relating to persons belonging to minorities, inter alia, exchanging information and experiences, in order to promote mutual understanding and conﬁdence.

Article 7 States should cooperate in order to promote respect for the rights set forth in the present Declaration.

Article 8 While following this Declaration countries should not violate the obligations and commitments they have assumed under international treaties and agreements to which they are parties; prevent the enjoyment by all persons of universally recognized human rights and fundamental freedoms; permit any activity contrary to the purposes and principles of the United Nations, including sovereign equality, territorial integrity and political independence of States.

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A Struggle to Live with Dignity Faced with eviction notices and harassment from the park authorities, who refused to recognize their traditional rights, the Van Gujjars, under the banner of Ban Gujjar Kalyan Samiti (BGKS), approached the Uttarakhand High Court in Nainital in 2005. A legal battle ensued over the next few years, and the director of the RNP was served a notice of contempt by the High Court in September 2008 for trying to resettle the community against their will outside the park; a move in clear violation of the previous court orders, which had ordered the director to acknowledge the rights of the community under the FRA, 2006. The High Court also ordered the state government to form committees under the rules of the Act and establish the process for filing claims within a period of two months. As intense pressure mounted on the officials, they relented and in December 2013, the forest officials accepted 797 claims, out of which only 41 were disposed of and rejected because of the lack of evidence. Over the last few years, approximately 1,390 families have been relocated, though not rehabilitated, in squalid one-room makeshift huts. They are living in inhumane condition, far removed from their social, cultural and environmental milieu, in Pathri and

Gaindikhata villages in Haridwar district. However, the families remaining in the forest are continuously being harassed and beaten by the RNP oﬃcials and police and their deras are being destroyed. Noorjamal, a Van Gujjar from the park and a member the BGKS, was detained in Biharigarh police station, on 28 June 2011 on false charges was released only after strong protests by the Van Gujjars. On 26 November 2013, an order was passed by the Uttarakhand government, to move 228 Van Gujjar families residing in the Chillawali range of the RNP to Shahmansur locality of Bandarjud area, in the Haridwar district. After this recent relocation, about 215 Van Gujjar households, residing in the Ramgarh and Gauhri ranges, will be left in the Park. As Van-Gujjars are nomadic tribe, there are many international human right declarations such as Article 13 of the Universal Declaration of Human Rights to which India is also a signatory, says, “Everyone has the right to freedom of movement and residence within the borders of each State.” Segovia Declaration of Nomadic and Transhumant Pastoralists, adopted in Spain in September 2007 called upon the national leader to ensure the full participation of nomadic and other indigenous peoples in nation building by extending legal and instruments to protect

the collective rights of mobile peoples, by ratifying the ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, and by developing national legislation in line with this declaration and other relevant international instruments. The United Nations Declaration on the Rights of Indigenous Peoples that was adopted by the United Nations General Assembly during its 61st session at UN Headquarters in New York City just after this Declaration, which says that such an approach is necessary for removing human rights violations against the planet's 370 million indigenous people and stopping discrimination against them and removing their marginalization. Clearly, kicking them out and not implementing the FRA in its true letters and spirit would also mean violating these international human rights conventions, of which India is a part. A well thought out plan is needed to secure the forest rights and entitlements of the Van Gujjars and their right to live with dignity in their traditional forest surroundings. If no action is taken, then this politically powerless and socially disadvantaged community, not equipped to earn a living outside the forest environment, will continue to be harassed and intimidated by the forest authorities.

as they aren’t classiﬁed as adivasis (Scheduled Tribes) in Uttarakhand, getting their forest rights is almost impossible as they must give a 75-years proof of residence in the forests.

Rakesh Agrawal is a researcher and writer based in India's Dehradun. After graduating from New Delhi's JNU in 1995, where he earned a Ph.D. deree in international relations, he got involved with the development sector- doing research, analysis, writing and documentation for NGOs. He started working with the Delhi-based NGO, CSE where he was the grassroots correspondent with Down to Earth magazine. Now, he does research, writing and documentation covering issues like land, water, agriculture and forests (natural resource management) and people's rights.

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YOUR RIGHTS

Women form the majority of the world’s poorest people and the number of women living in rural poverty has increased by 50% since 1975. Violence against women throughout the world and in all cultures prevails on an unimaginable scale, and women’s access to justice is often paired with discriminatory obstacles – in law as well as in practice.

1. Freedom of expression:

2. Right to vote:

The Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW) places importance on political participation and education but does not support free expression as a key right for women.

It wasn’t until the 20th century that women’s suﬀrage became a global reality and women were allowed to vote and stand for electoral oﬃce.

3. Right to education:

a. 2-3rds of illiterate adults are women, a ﬁgure that has remained almost static since 1990.

4. Right to equal pay:

Women work two-thirds of the world’s working hours and produce half of the world’s food, yet they earn only 10% of the world’s income and own less than 1% of the world’s property.

b. Improving girls' educational levels has been demonstrated to have clear impacts on the health and economic future of young women, which in turn improves the prospects of their entire community. In the poorest countries of the world, 50% of girls do not attend secondary school.

5.Right to equality before law:

128 countries still have at least one legal diﬀerence on how men and women are treatedincluding laws that make it impossible for a woman to independently obtain an ID card, own or use property access credit or get a job.

6. Right to bodily integrity:

b. Approx. 150 million girls under the age of 18 have experienced some form of sexual violence. c. Female Genital Mutilation: An estimated 100-140 million girls and women worldwide are currently living with the consequences of FGM or cutting with majority in Africa and the Middle East. In half the countries for which ﬁgures were available in 2013, most girls were cut before the age of ﬁve.

a. A 2008 ﬁgure by UNDF says One in three women globally will be beaten, raped or otherwise abused during her lifetime.

8.Right to healthcare:

a. According to a UN ﬁgure, more than 900 women and girls die every day due to pregnancy and childbirth. The vast majority of them could have lived if they were treated equally, without discrimination, and had access to the basic care we have known for over 60 years

7. Marital or parental rights:

a. Child marriage is still widespread; especially in least developed countries where 30% of women aged 15-19 are married and due to this, maternal deaths are 28% higher among adolescents than among those aged 20-24. b.Millions of mothers around the world undergo forced abortions every year- to adhere to one-child policies or because they did not conceive a child of the preferred gender.

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