Ontario amends Human Rights Code to extend protections to transgender people

BY KEITH LESLIE, CANADIAN PRESS JUNE 13, 2012

TORONTO — Ontario’s Human Rights Code was updated Wednesday for the first time since the 1980s to extend protections to transgender people, something Manitoba was expected to do Thursday.

Members of all three parties in Ontario’s legislature voted to amend the code to add the terms “gender identity” and “gender expression” to prevent discrimination against transgender people.

It was the first change to the code since it was amended to add the words “sexual orientation” to protect gays and lesbians.

New Democrat Cheri DiNovo, who tried for six years to amend the code with three previous private member’s bills, called the vote historic, and said it would prevent discrimination against transgender people looking for a job or a place to live.

“A long time coming, but it’s a very good day,” a beaming DiNovo told reporters after the vote.

“There’s a whole host of things that will be opened up for trans people because of this, and really this recognizes them simply as humans, with all the rights of every other human in Ontario.”

A similar amendment to Manitoba’s Human Rights Code to include gender identity was expected to pass into law Thursday.

The Ontario legislation was called Toby’s Act, in honour of the late musician Toby Dancer, who led the choir at the Toronto United Church where DiNovo was a minister before she became a member of provincial parliament.

A large percentage of transgender people attempt suicide and nearly half live below the poverty line, which DiNovo said shows they are a marginalized and vulnerable community in need of the same protections from discrimination as everyone else.

Liberal Yasir Naqvi, a co-sponsor of the all-party bill, said politicians thought they had covered all the bases when they amended the code in the 1980s to protect homosexuals.

“We thought at that time that by just adding “sexual orientation” we were covering all kinds of people, but we recognized soon after that was not the case, that we had excluded members of the trans community,” Naqvi told the legislature during third reading debate.

“Today, we’re taking that very important historic step forward by adding gender identity and gender expression ... so that no human being is left outside the scope, the protection, of the Ontario Human Rights Code.”

Deputy Progressive Conservative Leader Christine Elliott, the other co-sponsor, said DiNovo’s persistence on the issue helped persuade her colleagues about the need to protect transgender people.

“We have been educated in this process, and we have a much deeper understanding of some of the things that people in the trans community go through,” Elliott told the legislature.

“That’s why we’re here today, to make sure that we amend our Human Rights Code to properly reflect the need to protect the rights of everyone in our society, and that’s what this is all about.”

DiNovo credited the fact Ontario now has a minority government that makes it easier to get opposition bills brought forward for debate for her success in finally getting Toby’s Act passed into law.

“This shows minority government working as I think the electorate wants it to work, which is to work together,” she said.

Ontario is the first major jurisdiction in North America to provide human rights protections for transgender people. The Northwest Territories passed a similar bill, and DiNovo expects other provinces and American states to soon follow suit.

“The reality is this is very exciting, and I’m already getting calls from New York state, from North Carolina, so hopefully it starts a wave of moves across jurisdictions for trans,” said DiNovo.

© Copyright (c) The Montreal Gazette

Source:http://www.canada.com/news/Ontario+amends+Human+Rights+Code+extend+protections+transgender+people/6776765/story.html

WHAT IS GENOCIDE?

THE TERM "GENOCIDE"

The term "genocide" did not exist before 1944. It is a very specific term, referring to violent crimes committed against groups with the intent to destroy the existence of the group. Human rights, as laid out in the US Bill of Rights or the 1948 United Nations Universal Declaration of Human Rights, concern the rights of individuals.

In 1944, a Polish-Jewish lawyer named Raphael Lemkin (1900-1959) sought to describe Nazi policies of systematic murder, including the destruction of the European Jews. He formed the word "genocide" by combining geno-, from the Greek word for race or tribe, with -cide, from the Latin word for killing. In proposing this new term, Lemkin had in mind "a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves." The next year, theInternational Military Tribunal held at Nuremberg, Germany,charged top Nazis with "crimes against humanity." The word “genocide” was included in the indictment, but as a descriptive, not legal, term.

THE CRIME OF GENOCIDE

On December 9, 1948, in the shadow of the Holocaust and in no small part due to the tireless efforts of Lemkin himself, the United Nations approved the Convention on the Prevention and Punishment of the Crime of Genocide. This convention establishes "genocide” as an international crime, which signatory nations “undertake to prevent and punish.” It defines genocide as:

[G]enocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

While many cases of group-targeted violence have occurred throughout history and even since the Convention came into effect, the legal and international development of the term is concentrated into two distinct historical periods: the time from the coining of the term until its acceptance as international law (1944-1948) and the time of its activation with the establishment of international criminal tribunals to prosecute the crime of genocide (1991-1998). Preventing genocide, the other major obligation of the convention, remains a challenge that nations and individuals continue to face.

"This article is taken from the website of 'United States Holocaust Memorial Museum" for detail information on Genocide Studies you can refer to http://www.ushmm.org

Human Rights Watch: Liberia Militias Attacking Ivorian Villages

Groups who supported former president have killed at least 40 civilians, says human rights group

Laura Burke Associated Press

June 07, 2012

ACCRA, Ghana(AP) -- Armed groups in Liberia who supported Ivory Coast's former president have killed at least 40 civilians in cross-border raids into Ivory Coast since July and are recruiting children as young as 14 into their ranks, a human rights group said Wednesday.

Human Rights Watch says the armed men, most of whom fought for Ivory Coast's former president and flooded over the border to Liberia following his arrest, carried out at least four attacks targeting ethnic groups who support Ivory Coast's current president, Alassane Ouattara.

Ivory Coast was brought to the brink of civil war when former President Laurent Gbagbo refused to cede power to Ouattara in a 2010 election. The U.N. estimates at least 3,000 people were killed in the six months of violence that followed. Gbagbo was arrested with the help of U.N. and French forces in April 2011, and is now facing charges of war crimes at The Hague.

Both sides handed out weapons and recruited young men to fight during the conflict. Several thousand Liberian mercenaries joined the fight, the vast majority for Gbagbo's side, Human Rights Watch says. Following Gbagbo's arrest, many of the mercenaries and militiamen who fought for him fled across the porous border into Liberia's forests, or clandestinely, into its refugee camps.

The New York-based rights group says the Liberian government has failed to respond to the presence of armed groups on the border or to the recruitment of child soldiers.

``Rather than uphold its responsibility to prosecute or extradite those involved in international crimes, Liberian authorities have stood by as many of these same people recruit child soldiers and carry out deadly cross-border attacks,'' said Matt Wells, West Africa researcher at Human Rights Watch.

There was no immediate reaction to the report by the Liberian government, though Ivory Coast deputy defense minister Paul Koffi Koffi said the Ivorian and Liberian authorities are collaborating to prevent further attacks.

``We're working with the Liberians and we have reinforced patrols along the border,'' Koffi Koffi said. He said there was a joint military program in place, but that it was secretive and he could not provide details.

Human Rights Watch said it had documented armed groups recruiting Liberian children and residents of several Liberian border towns also described seeing children at a training camp for fighters. A 17-year-old boy told the group he led a unit that included other children and that they had participated in cross-border attacks.

The rights group says the government is also responsible for releasing ``war criminals'' from prison. In April, Liberian authorities released Isaac Chegbo on bail, a mercenary better known as ``Bob Marley'' for his long dreadlocks. Chegbo is accused of leading massacres in Ivory Coast last year that left more than 120 people dead.

News Courtesy:http://theskanner.com/article/Human-Rights-Watch-Liberia-Militias-Attacking-Ivorian-Villages-2012-06-07

Problem of Human Right in India: Special reference to “Violation of Human Right in Assam”

This article is contributed by Mr Priyanku Narayan Baruah. He is a research scholar at CMJ University, Shillong, Meghalaya. You can contact Priyanku @ 08822797237 & alwayspriyanku@gmail.com

India’s experience in enforcement of human right is not very significant. There are many social, political, economic constrains in this field. Thousands of cases of violation of human right suffering from the dirty bureaucratic RED TAP. Although in theory Indian constitution emphasizes socio-economic, political justice, liberty of thought expression, belief, faith and worship, equal status and opportunity, fraternity and dignity of individual. There are many recognized and accepted human rights like freedom of information, association, political right of women and children, social security of discrimination, elimination of all forms of slavery and torture and ensuring of freedom. Within Indian context the Constitution empowers the Supreme Court and High court to enforce the rights. Similarly the Constitution also leaves scope to ensure empowerment and good governance. The Constitution (Art 23) and Indian Police Act forbid torture similarly the Indian Panel Court (IPC) expands the protection of rights. Such as the rape of the women in police custody carries none enchants punishment.. There are many laws and regulations expanding the orbit of social security. Tribal have been given special protection and effective action and laws are aimed that removing discriminations. In addition laws and regulation the Government of India has set up NHRC as acquired by as HR Protection 1993. The states have said their HR Commission. A National Women’s Commission has also been set up. We have specific Commission for STs and SCs, minorities as well as backward classes. Apart from all these the civil commission studies issues of HR from time to time and enumerates new laws and amendments to existing laws. Much more important are the institution of free press, strong impartial judiciary who play very important role.

Surprisingly even if these sorts of provisions are enumerated in Indian Constitution, tragic truth was that these laws are never implemented properly till now. Many women, children and other vulnerable sections of society have suffered. While in theory human rights are guaranteed to all the citizens, in reality only a few obtain the benefits of the rights. Even after more than five decades of independence, land reforms have not been implemented throughout the country. The peasant still suffers under tenancy laws. Primary education has not been imparted to all the children of the country. Unemployment has remained a major problem being faced by the youth .It can be critically say that the democratic process has become the monopoly of a class and is not the representative of the masses today. Cases of violation of human rights are more critical in Assam. In respects of Assam, grave violation of human rights occurs primarily because of the lack of primarily education, in effective delivery system, lack of awareness and due to extreme party politics, as well as ineffective administrative system sponsored top to bottom level corruption In Assam; blasting, bombing and corruption represents the modern Assamese culture in contemporary days. Open Murder, Rap, Dacoiti becomes the significant character of present Assamese social life. Administration turns to be the handicap spectator. Government frequently sounds of a Healthy and Wealthy Assam, but they even know their failure. It is a very shameful story that teachers were beaten by police; during democratic protest session, media persons have been victimized in many cases. Still Foreigners issue, Autonomy issues are unsolved, ULFA question is burning. Even if Assam government demanded that in Assam life and property of general public is safe, truth showed another picture. Still in Assam child workers have lost their right, still Nikita Jain, like girls are the victims of dowry, although the victims are punished very rarely. Bomb blast in Guwahati, Nalbari of Assam etc. indicates how the term human rights have been violating in Assam. As the public today are very professional and day by day as most of human being loss their moral sense, it becomes the important factor which inspires the evil groups to do the danger, as public have no time to sound against them. Luckily in recent days some protests are continuing against terrorism and other forms of violations of human rights.

           

  With active campaign and cooperation by all human rights organizations and government and the people, the cases of abuses can come down. Transparency in the functioning of bureaucracy is needed to provide credibility to the system. Number of human right organization (HRO) s has come up. Young men and women inspired by the spirit of human freedom should work at grassroots level among the deprived and exploited sections of the people, such as the tribal, dalits, women and landless labourers to make them aware and instigate to fearlessly fight for their rights.    

          For elimination of any kind of violation of human right; the awareness of the civil society is must.

Riot-hit western Burma province in state of emergency

Burma's president Thein Sein has announced a state of emergency in the western state of Rakhine, following a week of attacks in the area.

A spate of violence involving Buddhists and Muslims has left seven people dead and hundreds of properties damaged.

Trouble flared after the murder of a Buddhist woman last month, followed by an attack on a bus carrying Muslims.

Officials announced a curfew in four towns in the state earlier, expressing concerns about further clashes.

A state of emergency essentially allows the military to take over administrative control of the region.

State television said the order was in response to increasing "unrest and terrorist attacks" and "intended to restore security and stability to the people immediately".

President Thein Sein said the violence could put the country's moves towards democracy in danger.

"If we put racial and religious issues at the forefront, if we put the never-ending hatred, desire for revenge and anarchic actions at the forefront, and if we continue to retaliate and terrorise and kill each other, there's a danger that (the troubles) could multiply and move beyond Rakhine," he said.

"If this happens, the general public should be aware that the country's stability and peace, democratisation process and development, which are only in transition right now, could be severely affected and much would be lost."

A nominally civilian government was elected in 2010 and, in April this year, opposition politicians led by Aung San Suu Kyi entered Burma's parliament following historic by-elections.

However, the government is still dominated by the military and concerns over political repression and human rights abuses continue.

The violence began on 4 June when a mob attacked a bus in Taungup, Rakhine province, apparently mistakenly believing some of the passengers were responsible for the earlier rape and murder of a Buddhist woman.

The suspected perpetrators were later arrested in the town of Ramree in the far south of the province and are now on trial.

Ten Muslims died in the attack, which led to rioting in Maung Daw and Buthidaung townships on Friday and attacks on Buddhist properties.

According to state media, the rioting left at least seven people dead and 17 wounded.

Rakhine state is named for the ethnic Rakhine Buddhist majority but also has a sizeable Muslim population, including the Rohingya minority.

The Rohingya are a Muslim ethnic group and are stateless, as Burma considers them to be illegal immigrants from neighbouring Bangladesh.

Source:http://www.bbc.co.uk/news/world-asia-18384929

Genocide in Rwanda

In 1994, Rwanda’s population of seven million was composed of three ethnic groups: Hutu (approximately 85%), Tutsi (14%) and Twa (1%). In the early 1990s, Hutu extremists within Rwanda’s political elite blamed the entire Tutsi minority population for the country’s increasing social, economic, and political pressures. Tutsi civilians were also accused of supporting a Tutsi-dominated rebel group, the Rwandan Patriotic Front (RPF). Through the use of propaganda and constant political maneuvering, Habyarimana, who was the president at the time, and his group increased divisions between Hutu and Tutsi by the end of 1992. The Hutu remembered past years of oppressive Tutsi rule, and many of them not only resented but also feared the minority.

On April 6, 1994, a plane carrying President Habyarimana, a Hutu, was shot down. Violence began almost immediately after that. Under the cover of war, Hutu extremists launched their plans to destroy the entire Tutsi civilian population. Political leaders who might have been able to take charge of the situation and other high profile opponents of the Hutu extremist plans were killed immediately. Tutsi and people suspected of being Tutsi were killed in their homes and as they tried to flee at roadblocks set up across the country during the genocide. Entire families were killed at a time. Women were systematically and brutally raped. It is estimated that some 200,000 people participated in the perpetration of the Rwandan genocide.

In the weeks after April 6, 1994, 800,000 men, women, and children perished in the Rwandan genocide, perhaps as many as three quarters of the Tutsi population. At the same time, thousands of Hutu were murdered because they opposed the killing campaign and the forces directing it.

The Rwandan genocide resulted from the conscious choice of the elite to promote hatred and fear to keep itself in power. This small, privileged group first set the majority against the minority to counter a growing political opposition within Rwanda. Then, faced with RPF success on the battlefield and at the negotiating table, these few power holders transformed the strategy of ethnic division into genocide. They believed that the extermination campaign would reinstate the solidarity of the Hutu under their leadership and help them win the war, or at least improve their chances of negotiating a favorable peace. They seized control of the state and used its authority to carry out the massacre.

The civil war and genocide only ended when the Tutsi-dominated rebel group, the RPF, defeated the Hutu perpetrator regime and President Paul Kagame took control.

Although the Rwandans are fully responsible for the organization and execution of the genocide, governments and peoples elsewhere all share in the shame of the crime because they failed to prevent and stop this killing campaign.

Policymakers in France, Belgium, and the United States and at the United Nations were aware of the preparations for massive slaughter and failed to take the steps needed to prevent it. Aware from the start that Tutsi were being targeted for elimination, the leading foreign actors refused to acknowledge the genocide. Not only did international leaders reject what was going on, but they also declined for weeks to use their political and moral authority to challenge the legitimacy of the genocidal government. They refused to declare that a government guilty of exterminating its citizens would never receive international assistance. They did nothing to silence the radio that televised calls for slaughter. Even after it had become indisputable that what was going on in Rwanda was a genocide, American officials had shunned the g-word, fearing that it would cause demands for intervention.

When international leaders finally voiced disapproval, the genocidal authorities listened well enough to change their tactics although not their ultimate goal. Far from cause for satisfaction, this small success only highlights the tragedy: if weak protests produced this result in late April, imagine what might have been the result if in mid-April the entire world had spoken out.

source:http://www.unitedhumanrights.org/genocide/genocide_in_rwanda.htm