Document - 2007 Elections to the United Nations Human Rights Council: Background information on candidate countries

2007 Elections to the United Nations Human Rights Council

Background information on candidate countries

On 17 May 2007, UN Member States will elect 14 members of the UN Human Rights Council.

General Assembly resolution 60/251, establishing the Human Rights Council, provides that members elected to the Council "shall uphold the highest standards in the promotion and protection of human rights and fully cooperate with the Council".(1) It further stipulates that when electing members of the Council, Member States "shall take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments".(2)

In order to assist Member States in making this assessment, Amnesty International is providing in this document a brief review of the current human rights situation and an overview of the candidates’ record of ratification and cooperation with the treaty bodies and Special Procedures.(3) Additional Amnesty International documents are listed after each country entry, where relevant; these may be downloaded from Amnesty International’s electronic library at: http://web.amnesty.org/library/engindex.

At the time of writing, only 15 countries had put themselves forward as candidates for the 14 seats available this year:(4)

1. For four vacant seats in the African Group: Angola, Egypt, Madagascar, South Africa

2. For four vacant seats in the Asian Group: India, Indonesia, Philippines, Qatar

3. For two vacant seats in the Eastern European Group: Belarus, Bosnia and Herzegovina and Slovenia

4. For two vacant seats in the Latin American and Caribbean Group: Bolivia, Nicaragua

5. For two vacant seats in the Western and Others Group: Denmark, Italy, Netherlands

Amnesty International is very concerned to note that in three of the five regions the number of declared candidates matches exactly the number of vacant seats. This means that UN Member States will not be able to elect, on a comparative basis, candidates with the strongest commitments to promote and protect human rights and to cooperate with the Council. However, as each Member State must actively express its support for candidates by writing on the ballot paper the name of every candidate for which it votes, a Member State has an easily exercised option to notto express support for candidates that do not fully meet the standards for membership of the Council.

AFRICAN STATES: 4 SEATS VACANT IN 2007 ELECTIONS

At the time of writing, four countries belonging to the African Group had put themselves forward: Angola, Egypt, Madagascar and South Africa.(5)

ANGOLA

Human rights defenders and political activists risk harassment and detention for exercising their right to freedom of expression and association. In August 2006, a national human rights organization was banned from operating in Cabinda leaving the area, which is rife with violations of human rights, without independent human rights monitoring.

Amnesty International is also concerned at forced evictions by armed members of the national police or armed forces, often with resort to excessive use of force and fire arms. Between 2001 and 2006, thousands of families were forcibly evicted from various neighbourhoods in the capital of Luanda. Such evictions tend to take place without prior notification, consultation or due process. Tens of thousands have been left without shelter and hundreds of families still living in the ruins. In March 2006, the Special Rapporteur on the right to adequate housing expressed concern over the persistent practice of forced evictions in Angola and reminded the government of its obligations under the International Covenant on Economic, Social and Cultural Rights, and to ensure that legal remedies, including adequate compensation, are available and accessible to those affected by an eviction order. He also expressed concern that a planned visit to the country had been postponed and not yet rescheduled by the government.

There are also reports of human rights violations committed by the police, including unlawful killings, torture and ill-treatment of detainees. Amnesty International notes the sentencing to 17 year’s imprisonment of a police officer for the unlawful killing of a 16 year old boy and hopes that this verdict will send a strong message that unlawful acts by police officers will not be tolerated. The organization has urged the government to ensure thorough and independent investigations into all alleged killings, torture or ill-treatment by the police with a view to bringing those responsible to justice.

Recent Amnesty International reports

6. Angola: Lives in ruins; forced evictions continue (AI Index: AFR 12/001/2007)

7. Angola: Call on Government to end forced evictions and excessive use of force immediately (AI Index: AFR 12/004/2006)

8. Angola: Human rights organization banned (AI Index: AFR 12/006/2006)

9. Angola: A step towards ending police impunity (AI Index: AFR 12/007/2006)

Ratification of International Treaties

Treaty Ratification Reservations/

Declarations
International Covenant on Civil and Political Rights (ICCPR)		Ratified
Optional Protocol to the ICCPR		Ratified
Second Optional Protocol to the ICCPR, on the death penalty
International Covenant on Economic, Social and Cultural Rights (ICESCR)		Ratified
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)		Ratified
Optional Protocol to CEDAW
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Optional Protocol to CAT
Convention on the Rights of the Child (CRC)		Ratified
Optional Protocol to the CRC on children in armed conflict
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography		Ratified
tbllkbestfit					International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
International Convention for the Protection of All Persons from Enforced Disappearance
Rome Statute of the International Criminal Court		Signed
Convention Relating to the Status of Refugees		Ratified		Entered
Protocol Relating to the Status of Refugees		Ratified		Entered
The Four Geneva Conventions		Ratified		Entered (Third Geneva Convention)
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts		Ratified		Entered
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem		Signed

Compliance with Reporting Obligations

Total Overdue Reports – 5		Up to 5 years overdue		5-10 years overdue
Initial report on the ICCPR					1
Special report on the ICCPR					1
Initial, 2nd and 3rd periodic reports on the ICESCR	1		1		1

10 years or more overdue

Cooperation with the Special Procedures

Extension of a standing invitation

Outstanding visit requests (year requested)

Forthcoming visits (dates if available)

Missions carried out between May 2006 and April 2007

No	None	1. Working Group on arbitrary detention (September 2007) 2. Special Rapporteur on adequate housing (agreed in principle) 3. Special Rapporteur on freedom of opinion and expression (agreed in principle) 4. Special Rapporteur on freedom of religion or belief (agreed in principle)	None

EGYPT

Torture and other ill-treatment, arbitrary arrests and detention, and grossly unfair trials before emergency and military courts are all key features of Egypt’s 40-year state of emergency and counter-terrorism campaign. The extensive powers granted to law enforcement officials, especially State Security Investigations officers, play a key role in facilitating such abuses. Emergency legislation also severely restricts the rights to freedom of expression, association and assembly.

In the wake of attacks by armed groups, security police have carried out mass arrests without recourse to due process. Relatives of suspects have also been threatened and abused. Due to provisions allowing incommunicado and secret detention some of those arrested have become victims of enforced disappearance for weeks or months. Some have died as a result of torture. Commonly cited methods include electric shocks, beatings, suspension in painful positions, solitary confinement, rape and threats of death, sexual abuse and attacks on relatives.

Around 18,000 administrative detainees, held without charge or trial under orders issued by the Interior Ministry, are languishing in Egypt’s jails in degrading and inhumane conditions. Some have been held for more than a decade, despite court orders demanding their release.

A parallel system of emergency justice, involving specially constituted "emergency courts" and the trial of civilians before military courts, has been established for cases deemed by the authorities to affect national security. Under this system, safeguards for fair trial are routinely violated resulting in grossly unfair trials, including in cases where defendants have been sentenced to death and, in some cases, executed.

Despite Egypt’s record of serious human rights violations, governments in other countries, notably the USA, have chosen to send detainees there in the context of the global "war on terror". These transfers have been carried out unlawfully, without due process and in breach of the principle of non-refoulement– the absolute prohibition of sending anyone to a country where they would be at risk of serious human rights abuses such as torture and other ill-treatment, or enforced disappearance. The UN Special Rapporteur on the promotion and protection of human rights while countering terrorism is seeking to visit the country to assess Egypt’s human rights record in the "war on terror", but has not yet obtained a positive response from the Egyptian authorities.

Death sentences continue to be imposed. Three people convicted of terrorism-related offences were sentenced to death in 2006 after an unfair trial. At least four other people were executed in the same period.

Recent Amnesty International reports

11. Egypt: Systematic abuses in the name of security (AI Index: MDE 12/001/2007)

12. Egypt: New anti-terror law must not entrench systematic human rights abuses (AI Index: MDE 12/013/2007)

13. Egypt: Protection of torture victim is key for justice to be done (AI Index: MDE 12/003/2007)

14. Egypt: Amnesty International calls for inquiry into killings and opposes threatened collective expulsions of Sudanese protesters (AI Index: MDE 12/002/2006)

15. Egypt: Amnesty International condemns attack against civilians in Dahab (AI Index: MDE 12/006/2006)

16. Egypt: Amnesty International concerned about the Egyptian security repression against peaceful protesters in Cairo (AI Index: MDE 12/009/2006)

Ratification of International Treaties

Treaty	Ratification	Reservations/ Declarations
International Covenant on Civil and Political Rights (ICCPR)	Ratified	Entered
Optional Protocol to the ICCPR
Second Optional Protocol to the ICCPR, on the death penalty

th3
International Covenant on Economic, Social and Cultural Rights (ICESCR)	Ratified
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)	Ratified	Entered
Optional Protocol to CEDAW
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)	Ratified
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)	Ratified
Optional Protocol to CAT
Convention on the Rights of the Child (CRC)	Ratified
Optional Protocol to the CRC on children in armed conflict
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography	Ratified
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families	Ratified	Entered
International Convention for the Protection of All Persons from Enforced Disappearance
Rome Statute of the International Criminal Court	Signed	Entered
Convention Relating to the Status of Refugees	Ratified	Entered
Protocol Relating to the Status of Refugees	Ratified
The Four Geneva Conventions	Ratified
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts	Ratified	Entered
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts	Ratified	Entered
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem

Entered

Compliance with Reporting Obligations

Total Overdue – 9			Up to 5 years overdue		5-10 years overdue
5th periodic report on the CAT	1

4th periodic report on the ICCPR	1
6th periodic report on the CEDAW	1
17th and 18th periodic reports on the CERD	1
2nd, 3rd and 4th periodic reports on the ICESCR	1	1	1
Initial report on the OP to the CRC on the sale of children, child prostitution and child pornography	1
3rd periodic report on the CRC	1

il

10 years or more overdue

Cooperation with the Special Procedures

Extension of a standing invitation		Outstanding visit requests (year requested)
May 2006 and April 2007
No	1. Special Rapporteur on torture (1996) 2. Special Representative on human rights defenders (2003) 3. Special Rapporteur on freedom of religion or belief (2005) 4. Special Rapporteur on human rights and counter terrorism (2005) 5. Special Rapporteur on the independence of judges and lawyers		None	None

Forthcoming visits (dates if available)

MADAGASCAR

Amnesty International is concerned at reports indicating violations of the right to freedom of expression and opinion, in particular in the context of the elections in 2001 and 2006. Several people belonging to the opposition parties remain in prison.

There are also concerns over prison conditions due to severe overcrowding, although political prisoners are generally able to have contact with relatives, lawyers and medical staff.

In March 2007, the Human Rights Committee expressed concern at the level of domestic violence and the lack of effective complaints mechanisms for victims. It called on the government to ensure better protection of women’s rights and to reinforce preventive measures. The Committee further noted that although the right of detainees to legal counsel is enshrined in domestic legislation, in practice this is not respected. The Committee also expressed concern at the prison overcrowding and described the conditions as deplorable.

Ratification of International Treaties

Treaty	Ratification	Reservations/ Declarations
International Covenant on Civil and Political Rights (ICCPR)	Ratified
Optional Protocol to the ICCPR	Ratified
Second Optional Protocol to the ICCPR, on the death penalty
International Covenant on Economic, Social and Cultural Rights (ICESCR)	Ratified	Entered
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)	Ratified
Optional Protocol to CEDAW	Signed
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)	Ratified
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)	Ratified
Optional Protocol to CAT	Signed
Convention on the Rights of the Child	Ratified
Optional Protocol to the CRC on children in armed conflict	Ratified
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography	Ratified
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
International Convention for the Protection of All Persons from Enforced Disappearance	Signed
Rome Statute of the International Criminal Court	Signed
Convention Relating to the Status of Refugees	Ratified	Entered
Protocol Relating to the Status of Refugees
The Four Geneva Conventions	Ratified
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts	Ratified
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts	Ratified
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem	Signed

0

Compliance with Reporting Obligations

Total Overdue Reports – 10			Up to 5 years overdue		5-10 years overdue
Initial report on the CAT	1

2nd, 3rd and 4th periodic reports on the CEDAW	1	1	1
2nd, 3rd, 4th and 5th periodic reports on the ICESCR	1	1	2
Initial report on the OP to the CRC on children in armed conflict	1
Initial report on the OP to the CRC on the sale of children, child prostitution and child pornography	1

10 years or more overdue

Cooperation with the Special Procedures

Extension of a standing invitation

Outstanding visit requests (year requested)

Forthcoming visits (dates if available)

Missions carried out between May 2006 and April 2007

No	None	Special Rapporteur on the right to food (2007) (agreed in principle)	None

SOUTH AFRICA

Amnesty International is concerned that torture and misuse of lethal force against crime suspects continued to be reported. There are reliable reports that members of the South African Police Service (SAPS), particularly from the Serious and Violent Crime Units (SVCU), torture suspects with suffocation and electric shock devices. Several detainees have died as a result.

There have been protests against forced evictions and other poor socio-economic conditions. Police are reported to have used excessive force on some occasions.

The report of the Jali Commission of Inquiry, appointed by President Mbeki in 2001, found that corruption and maladministration in prisons were institutionalized. It also found that solitary confinement and torture were routine in the CMax Super-Maximum security prison, that sexual violence was widespread, in particular against young, gay and transsexual prisoners, and that prison guards were implicated in such assaults. Prison management had routinely failed to investigate such cases which had led to a culture of impunity. Prison conditions were reported to be inhumane due to severe overcrowding.

Amnesty International had expressed concerned at the "disappearance" for 18 months of Khalid Mehmood Rashid, a national of Pakistan, who was handed over by South African authorities to Pakistani officials in November 2005 and held in secret detention. However on 12 April 2007 Mr Rashid appeared before the Federal Review Board in Islamabad. Amnesty International is calling for Mr Rashid to be immediately brought to justice in a fair trial or released without delay.

According to UNAIDS, some 5.4 million people in South Africa are living with HIV. The Department of Health reported that anti-retroviral treatment was being provided to 213,828 people, although a further 300,000 also needed access to it.

The number of reported rapesremains high. More than 50,000 rapes were reported during the period April 2005 to March 2006 according to police statistics. However, investigators, prosecutors and the courts are restricted by the common-law definition of rape in their response to sexual violence cases. In November 2006, the Committee against Torture expressed concern at widespread acts of violence against women and children, especially rapes and domestic violence, and recommended that the government take all necessary measures to prevent, combat and punish violence against women and children, as well as undertake research into the root causes of the high incidence of rape and sexual violence.(6)

Recent Amnesty International reports

17. South Africa: Government must investigate circumstances of "disappeared" Pakistani’s transfer (AI Index: AFR 53/001/2006)

18. South Africa: Briefing for the Committee against Torture (AI Index: AFR 53/002/2006)

Ratification of International Treaties

Treaty		Ratification		Reservations/ Declarations
International Covenant on Civil and Political Rights (ICCPR)		Ratified
Optional Protocol to the ICCPR		Ratified
Second Optional Protocol to the ICCPR, on the death penalty		Ratified
International Covenant on Economic, Social and Cultural Rights (ICESCR)		Signed
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)		Ratified
Optional Protocol to CEDAW		Ratified
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)		Ratified art.14
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)		Ratified art.22
Optional Protocol to CAT		Signed
Convention on the Rights of the Child		Ratified
Optional Protocol to the CRC on children in armed conflict		Signed
w15					Optional Protocol to the CRC on the sale of children, child prostitution and child pornography		Ratified
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
International Convention for the Protection of All Persons from Enforced Disappearance
Rome Statute of the International Criminal Court		Ratified
Convention Relating to the Status of Refugees		Ratified		Entered
Protocol Relating to the Status of Refugees		Ratified
The Four Geneva Conventions		Ratified
Protocol I to the Geneva Conventions on Protection of Victims of International Armed Conflicts		Ratified
Protocol II to the Geneva Conventions on Protection of Victims of Non-International Armed Conflicts		Ratified
Protocol III to the Geneva Conventions on Adoption of an Additional Distinctive Emblem

Compliance with Reporting Obligations

Total Overdue Reports – 5			Up to 5 years overdue		5-10 years overdue
Initial report on the ICCPR		1
2nd and 3rd periodic reports on the CEDAW	1	1
Initial report on the OP to the CRC on the sale of children, child prostitution and child pornography	1
2nd periodic report on the CRC	1

10 years or more overdue

Cooperation with the Special Procedures

Extension of a standing invitation

Outstanding visit requests (year requested)

Forthcoming visits (dates if available)

Missions carried out between May 2006 and April 2007

Yes	Working Group on the use of mercenaries (2007)	Special Rapporteur on human rights and counter terrorism (16-27 April 2007) Special Rapporteur on adequate housing (12-24 April 2007). Special Rapporteur on the right to food (agreed in principle) Special Rapporteur on migrants (agreed in principle)

ASIAN STATES: 4 SEATS VACANT IN 2007

At the time of writing, four countries belonging to the Asian Group had put themselves forward: India, Indonesia, Philippines and Qatar.(7)

INDIA

Amnesty International is concerned that perpetrators of past human rights violations continue to enjoy impunity. For example, there has been little progress in cases relating to the 1984 anti-Sikh riots in Delhi which followed the assassination of Prime Minister Indira Gandhi and led to a massacre of nearly 3,000 Sikhs. In Punjab, police officers responsible for serious human rights violations during civil unrest between 1984 and 1994 continue to evade justice.

Justice and rehabilitation also continue to evade many victims and survivors of the violence in 2002 in Gujarat in which thousands of Muslims were attacked and more than 2,000 killed. Members of the Muslim minority in Gujarat continue to experience difficulties in terms of access to adequate housing and there are reports that over 5,000 displaced families lived in "sub-human" conditions.

Twenty-two years after the Union Carbide Corporation pesticide plant in Bhopal leaked toxic gases that devastated countless lives and the environment, survivors continue to struggle for adequate compensation, medical aid and rehabilitation. Although the government has agreed to clean up the toxic waste, provide safe drinking water and set up a commission for rehabilitation of the victims, there has been little progress on the ground.

Amnesty International is concerned that security legislation continues to be used in several states to facilitate arbitrary detention and torture. Following the bombings in Mumbai and Malegaon, hundreds of people, mostly Muslims, were arbitrarily detained. Some were charged under the state Control of Organised Crime Act. At least 400 people remain in jail under the repealed Prevention of Terrorism Act (POTA); some of them face special trials whose proceedings fail to meet fair trial standards.

In Jammu and Kashmir,torture, deaths in custody, enforced disappearances and extrajudicial executions continue to be reported. Although criminal proceedings have been initiated in a few cases, impunity for human rights violations by state agents continue.

Concerns are growing over protection of economic, social and cultural rights of already marginalized communities. Around 300 million people remain in poverty despite implementation of new legislation guaranteeing minimum annual employment for the rural poor. Socially and economically marginalized groups, such as adivasis, dalits, marginal/landless farmers and the urban poor, face systemic discrimination and loss of livelihood because of development projects.

In 2006, at least 40 people were sentenced to death although no executions took place. Comprehensive information on the number of people on death row is not available.

Recent Amnesty International Reports

19. India: Five years on - the bitter and uphill struggle for justice in Gujarat (AI Index ASA 20/007/2007)

20. India: Amnesty International condemns multiple bomb attacks in Mumbai (AI Index: ASA 20/017/2006)

21. India: Continuing concern over the safety of civilians, including adivasis, caught in escalating conflict in Chhattisgarh (AI Index: ASA 20/018/2006)

22. India: Concerns with Protection of Human Rights Act (AI Index: ASA 20/019/2006)

23. India: Amnesty International condemns multiple bomb attacks in Malegaon, Maharashtra (AI Index: ASA 20/025/2006)

24. India: Continued detention two years after the repeal of POTA (AI Index: ASA 20/026/2006)

25. India: The Armed Forces Special Powers Act (AFSPA) Review Committee takes one step forward and two backwards (AI Index: ASA 20/031/2006)

Ratification of International Treaties

Treaty	Ratification	Reservations/ Declarations
International Covenant on Civil and Political Rights (ICCPR)	Ratified	Entered
Optional Protocol to the ICCPR		trpar
Second Optional Protocol to the ICCPR, on the death penalty
International Covenant on Economic, Social and Cultural Rights (ICESCR)	Ratified	Entered
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)	Ratified	Entered
Optional Protocol to CEDAW
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)	Ratified	Entered
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)	Signed
Optional Protocol to CAT
Convention on the Rights of the Child	Ratified	Entered
Optional Protocol to the CRC on children in armed conflict	Ratified
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography	Ratified
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
International Convention for the Protection of All Persons from Enforced Disappearance	Signed
Rome Statute of the International Criminal Court
Convention Relating to the Status of Refugees
Protocol Relating to the Status of Refugees
The Four Geneva Conventions	Ratified
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem

Compliance with Reporting Obligations

Total Overdue Reports – 4			Up to 5 years overdue		5-10 years overdue
4th periodic report on the ICCPR		1
2nd and 3rd periodic reports on the CEDAW	1	1
6th periodic report on the ICESCR		1

10 years or more overdue

Cooperation with the Special Procedures

Extension of a standing invitation		Outstanding visit requests (year requested)		Forthcoming visits (dates if available)		Missions carried out between May 2006 and April 2007
No	1. Special Rapporteur on torture (1993) 2. Special Rapporteur on extrajudicial, summary or arbitrary executions (2000 and 2006) 3. Special Rapporteur on sale of children (2004) 4. Working Group on enforced or involuntary disappearances (2005) 5. Special Rapporteur on racism (2006 - follow up request) b0 6. Working Group on arbitrary detention 7. Special Representative on human rights defenders 8. Special Rapporteur on toxic waste (2006) (agreed in principle)		1. Special Rapporteur on freedom of religion or belief (agreed in principle) 2. Special Rapporteur on the right to health (agreed in principle)		None

INDONESIA

Amnesty International is concerned that the majority of human rights violations by the security forces are not investigated leading to impunity for such violations. The organization is also concerned at provisions in the mandate of the Commission of Truth and Friendship, established jointly by Indonesia and Timor-Leste to document crimes committed in Timor-Leste in 1999, including the ability to recommend amnesty for perpetrators of gross human rights violations. In October 2006, the Supreme Court overturned the conviction of Pollycarpus Budihari Priyanto for the murder of human rights defender Munir Said Thalib, a leading human rights activist, who was poisoned on a flight to the Netherlands in 2004. Despite reported evidence of a conspiracy involving many suspects, including high-ranking intelligence officers, no-one has yet been held to account for this crime. On 28 March 2007, the Special Rapporteur on extrajudicial, summary or arbitrary executions called on the government of Indonesia to release the final report of the Presidential fact-finding team and to investigate all those implicated by the report into Munir’s murder.

In 2006, at least eight prisoners of conscience were sentenced to prison terms and eight others who had been sentenced earlier remain in jail. Among them are peaceful political activists, union leaders, religious practitioners and students.

Torture and ill-treatment of detainees and prisoners continue to be widespread, and prison conditions fall short of minimum international standards. Facilities are severely overcrowded and detainees risk physical and sexual violence and lack access to adequate health services and food and clean water.

Amnesty International continues to receive reports of extrajudicial executions, torture and ill-treatment, excessive use of force during demonstrations and harassment of human rights defenders in Papua. This is despite severe restrictions barring nearly all foreign journalists and NGOs from operating in Papua.

During 2006, at least three people were executed by firing-squad during 2006. There were concerns that their trial had been unfair and two of them were allegedly ill-treated before being executed. By the end of 2006, at least 92 people were known to be under sentence of death.

Women domestic workers in Indonesia are frequently subjected to human rights violations in their place of work, including economic exploitation, and physical, psychological and sexual violence. In some cases they have been killed by their employers. Reporting by domestic workers of incidents of abuse or violence is low, including for fear of losing their jobs. Domestic workers often have no-one to report to and even where mechanisms exist, they cannot access these due to severe restrictions to their freedom of movement.

In a report to the fourth session of the Human Rights Council, the Special Rapporteur on the human rights of migrants highlighted the precarious situation of Indonesian female migrant domestic workers and encouraged the Indonesian government to uphold its commitments to protect both internal and international migrants.(8)

Large-scale evictions have been carried out with inadequate consultation, little or no compensation and excessive use of force. These included forced evictions in east Jakarta, which are reported to have left over 600 families homeless, without suitable compensation or alternative housing.

Recent Amnesty International reports

26. Indonesia: Comments on the draft revised Criminal Procedure Code (AI Index: ASA 21/005/2006)

27. Indonesia: Exploitation and abuse: the plight of women domestic workers (AI Index: ASA 21/003/2007)

Ratification of International Treaties

Treaty	Ratification	Reservations / Declarations
International Covenant on Civil and Political Rights (ICCPR)	Ratified	Entered
Optional Protocol to the ICCPR
Second Optional Protocol to the ICCPR, on the death penalty
International Covenant on Economic, Social and Cultural Rights (ICESCR)	Ratified	Entered
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)	Ratified	Entered
Optional Protocol to CEDAW	Signed
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)	Ratified
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)	Ratified	Entered
Optional Protocol to CAT
Convention on the Rights of the Child	Ratified
Optional Protocol to the CRC on children in armed conflict	Signed
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography	Signed
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families	Signed
International Convention for the Protection of All Persons from Enforced Disappearance
Rome Statute of the International Criminal Court
Convention Relating to the Status of Refugees
Protocol Relating to the Status of Refugees
The Four Geneva Conventions	Ratified
Protocol I of the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts
Protocol II of the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts
Protocol III of the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem

Compliance with Reporting Obligations

Total Overdue Reports - 2			Up to 5 years overdue		5-10 years overdue
4th and 5th periodic reports on the CEDAW		2

10 years or more overdue

Cooperation with the Special Procedures

Extension of a standing invitation

Outstanding visit requests (year requested)

Forthcoming visits (dates if available)

Missions carried out between May 2006 and April 2007

No	1. Special Rapporteur on torture (1993) 2. Special Rapporteur on freedom of religion or belief (1996) 3. Special Rapporteur on freedom of opinion and expression (2002) 4. Special Rapporteur on extrajudicial, summary or arbitrary executions (2004) 5. Special Representative on human rights defenders (agreed in principle in Sept. 2006, request made in 2002)	1. Special Rapporteur on torture (November 2007 agreed in principle) 2. Independent Expert on structural adjustment policies and foreign debt (agreed in principle)	Special Rapporteur on migrants (December 2006)

PHILIPPINES

Amnesty International is concerned at reports over recent years of an increased number of killings of political activists, predominantly those associated with leftist political parties. These attacks are often carried out by unidentified armed men on motorcycles. Some of those killed had received death threats. The organization is also concerned that the killings have played a major role in the breakdown of a protracted peace process and accompanying human rights agreement between the government and the National Democratic Front.(9) The relatives of the victims are often too frightened to co-operate with the police, and as a result the perpetrators are rarely brought to justice. Amnesty International is concerned at credible reports that members of the security forces have been directly or indirectly involved in the attacks.

The Special Rapporteur on extrajudicial, summary or arbitrary executions undertook a visit to the Philippines in February 2007 prompted by the large numbers of reported extrajudicial killings. While acknowledging a number of initiatives by the government to address such killings, the Special Rapporteur urged the government to also address the underlying causes of many of the killings. This includes taking measures to end the labelling of most groups on the left of the political spectrum as "front organizations" for armed groups whose aim is to destroy democracy and as such legitimate targets. The Special Rapporteur also recommended that the government to impress upon prosecutors that they have a duty to the public to uphold and protect human rights by ensuring effective investigation of cases and protection of witnesses.(10)

In February 2006, the President declared a week-long state of emergency in response to an alleged coup. The police banned public assemblies and threatened to shut down media outlets. Scores of people were arrested or threatened with arrest, particularly members of legal leftist political parties.

Amnesty International welcomes the announcement in April 2006 by the President that all death sentences would be commuted. A bill has been passed in congress to repeal the death penalty law and the President signed it in June 2006.

Recent Amnesty International reports

28. Philippines: Political killings, human rights and the peace process (AI Index: ASA 35/006/2006)

29. Philippines: Towards ensuring justice and ending political killings (AI Index: ASA 35/010/2006)

Ratification of International Treaties

Treaty	Ratification	Reservations/ Declarations
International Covenant on Civil and Political Rights (ICCPR)	Ratified
Optional Protocol to the ICCPR	Ratified
Second Optional Protocol to the ICCPR, on the death penalty	Signed
International Covenant on Economic, Social and Cultural Rights (ICESCR)	Ratified
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)	Ratified
Optional Protocol to CEDAW	Ratified
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)	Ratified
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)	Ratified
Optional Protocol to CAT
Convention on the Rights of the Child (CRC)	Ratified
Optional Protocol to the CRC on children in armed conflict	Ratified
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography	Ratified
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families	Ratified
International Convention for the Protection of All Persons from Enforced Disappearance
Rome Statute of the International Criminal Court	Signed
Convention Relating to the Status of Refugees	Ratified
Protocol Relating to the Status of Refugees	Ratified
The Four Geneva Conventions	Ratified
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts	Signed
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts	Ratified
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem	Ratified

Compliance with Reporting Obligations

Total Overdue Reports – 13			Up to 5 years overdue		5-10 years overdue
2nd, 3rd, 4th and 5th periodic reports on the CAT	1	1		2
3rd periodic report on the ICCPR	1
15th, 16th, 17th, 18th and 19th periodic reports on the CERD	2	3
Initial report on the CMW	1
Initial report on the OP to the CRC on children in armed conflict	1
Initial report on the OP to the CRC on the sale of children, child prostitution and child pornography	1

10 years or more overdue

Cooperation with the Special Procedures

Extension of a standing invitation		Outstanding visit requests (year requested)		Forthcoming visits (dates if available)		Missions carried out between May 2006 – April 2007
No	1. Special Rapporteur on freedom of expression or opinion (2004) 2. Special Rapporteur on human rights and counter terrorism (2005) 3. Special Rapporteur on toxic waste (2005) 4. Special Rapporteur on the right to food (2006) 5. Working Group on enforced and involuntary disappearances (2006) 6 Special Rapporteur on migrants (2006) 7. Independent Expert on extreme poverty (2006)		Special Rapporteur on adequate housing (agreed in principle) Special Rapporteur on independence of judges and lawyers (agreed in principle)		Special Rapporteur on extrajudicial, summary or arbitrary executions (February 2007)

QATAR

Scores of prisoners sentenced for allegedly plotting to overthrow the government in 1996 remain in prison, following unfair trials in 1999. Eighteen of them have been sentenced to death. Some of them complained of being tortured or ill-treated while in pre-trial detention; however, these allegations have never been adequately investigated. On examining Qatar’s periodic report in July 2006, the Committee against Torture expressed concern that domestic legislation fails to define torture in accordance with international standards and that arrest and detention procedures place suspects at increased risk of torture

Amnesty International is concerned that at least 2,000 people, including members of the al- Ghufran branch of the al-Murra tribe, continue to be denied Qatari nationality by the authorities. They had earlier been deprived of Qatari nationality on the grounds that they held Saudi Arabian Nationality; the individual concerned deny this.

Following a visit to Qatar in November 2006, the Special Rapporteur on trafficking in persons, especially in women and children, expressed concern about the number of migrant workers who are victims of human trafficking. The Special Rapporteur recommended that the authorities should establish a National Coordinator on Human Trafficking and introduce mechanisms to identify and treat victims of trafficking.

Recent Amnesty International report

30. Qatar: Briefing to the Committee against Torture (AI Index: MDE 22/002/2006)

Ratification of International Treaties

Treaty	Ratification	Reservations/ Declarations
International Covenant on Civil and Political Rights (ICCPR)
Optional Protocol to the ICCPR
Second Optional Protocol to the ICCPR, on the death penalty
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
Optional Protocol to CEDAW
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)	Ratified
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)	Ratified	Entered
Optional Protocol to CAT
Convention on the Rights of the Child	Ratified	Entered
Optional Protocol to the CRC on children in armed conflict	Ratified
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography	Ratified	Entered
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
International Convention for the Protection of All Persons from Enforced Disappearance
Rome Statute of the International Criminal Court
Convention Relating to the Status of Refugees
Protocol Relating to the Status of Refugees
The Four Geneva Conventions	Ratified
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts	Ratified	Entered
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts	Ratified