240 likes | 535 Views
INDEPENDENT PERMANENT COMMISSION OF HUMAN RIGHTS (IPHRC).
E N D
* The IPHRC is a nascent organization established in 2011. The (IPHRC) is the principal organ of the Organization of Islamic Cooperation (OIC) invested with responsibilities for supporting member states in the promotion and protection of human rights and fundamental freedoms for all. * The Commission held five sessions. The IPHRC has mainly been engaged in in-house activities and structural building founding appropriate infrastructure for a full implementation of its mandate including promotion and protection on human rights. It has completed its Rules of Procedure and is currently in the process of adopting the Guiding Principles and Mission Statement.
* Therefore, it is only natural that the IPHRC has not yet established special procedures and practices, so far, to be shared with the relevant UN bodies and the regional mechanisms. The IPHRC is in a learning process. * Nonetheless, the following information will be helpful in understanding the general direction being taken and the pillars of the organization being instituted by the IPHRC.
I- References to human rights in the basic documents: * The OIC Charter: Independent Permanent Commission on Human Rights Article 15 The Independent Permanent Commission on Human Rights shall promote the civil, political, social and economic rights enshrined in the organization's covenants and declarations and in universally agreed human rights instruments, in conformity with Islamic values. 14 -To promote and to protect human rights and fundamental freedoms including the rights of women, children, youth, elderly and people with special needs as well as the preservation of Islamic family values.
II-The nature of the IPHRC - OIC is not a religious but political organization - IPHRC is a cross-regional human rights organization - IPHRC is an advisory body with consultative task authorized to propose recommendations to the Council of Foreign Ministers (CFM) * The Commission exercises its functions in an independent manner and in conformity with OIC’s Charter, own Statute, universally recognized human rights norms and standards and with the added value of Islamic principles of justice and equality.
III-Basic elements: * Being a cross-regional human rights mechanism, the Commission strives to avoid duplication while promoting complementarities with relevant organizations. * The Commission’s objectives and mandates cover a wide range of activities, including the following:
* Advising OIC’s policy-and-decision-making bodies on all issues relating to the promotion and protection of human rights and fundamental freedoms; this role is unrestricted and covers even those areas that may not have been mentioned specifically in Commission’s documents. * Advancing human rights and fundamental freedoms in Member States as well as the fundamental rights of Muslim minorities and communities in non-Member States in conformity with the universally recognized human rights norms and standards and with the added value of Islamic principles of justice and equality.
* Pursuing dialogue among religions and civilizations and promoting the true image of Islam. * Extending support to Member States and their national institutions in the promotion and protection of human rights for all, through measures including technical assistance, capacity building, counseling on domestic legislations and obligations under international human rights laws, awareness campaigns etc.
* Reviewing OIC’s own human rights legislations and recommending ways for their fine-tuning with the option of drafting OIC’s Charter of Human Rights. * Promoting cooperative working relations with UN system, regional and sub-regional mechanisms and civil society for the pursuit of common objectives. * Participating in missions for observing elections in Member States.
IV-Objectives in Summary (a holistic approach to human rights): - Advancing human rights and supporting Member States' efforts in terms of policies aimed at enhancing legislation and policies in favor of advancing the rights of women, the young and those with special needs, in the economic, social, political and cultural fields as well as eliminating all forms of violence and discrimination. - Serving the interests of the Islamic Ummah, - Consolidating respect for the Islamic cultures and noble values, - Promoting inter-civilizational dialogue, - Monitoring observance of the human rights of Muslim Communities and minorities.
V-Priorities in promotion and protection of human rights: * Human Rights of Women * Rights of the Child * Right to Development * Right to Education including Human Rights
VI-IPHRC Structural Mechanisms: * Working Group on human rights of women * Working Group on Palestine * Working Group on the Right to Development * Working Group on Islamophobia
VII- The ways and means to advance human rights: * Assessment of the situation including through Questioner, * Capacity Building, * Technical cooperation, * Advisory services, * Awareness raising, * Cooperation with NHRI's and NGO's, * Cooperation and interaction with international and regional organizations, * Cooperation in the elaboration of human rights instruments within the OIC and their refinement.
VIII- Basic human rights references: * OIC instruments, * Universally agreed instruments, * In conformity with Islamic values.
IX- Parts of the report of the secretariat on 5th session on the IPHRC pertaining to Right to Development and Human Rights of Women: * Human Rights of women and rights of the child 16- The Commission reaffirmed that the human rights of women are fully protected under Islamic law and strongly rejected the attribution to Islam of any violent or discriminatory practices impeding the rights of women.
17- The Commission re-emphasized the need to first address the issue of the human rights of women on a conceptual basis, inter alia, by issuing thematic statements or writing short studies and publications that highlight the positive cultural practices based on Islamic principles and values. In this connection, it was affirmed that while awaiting additional responses by the Member States on their national legislative and policy framework, the Commission should undertake preliminary studies that would pave the way for a clearer conceptual understanding of issues at stake. Commission Members discussed with great concern various elements affecting the life and dignity of women and stressed the importance of addressing women rights from a holistic angle i.e. not just talking about the physical violence but also on how to promote their economic, social and cultural rights by providing education, economic assistance and basic medical facilities in particular to the rural women.
18- Some Member States took the opportunity of the interactive dialogue with IPHRC to provide the Commission with further information on their national laws and policies with regard to the promotion and protection of the human rights of women and of the child, including contemporary forms of discrimination. Commission was requested to work and provide its views on specific issues discussed during the Session namely: early marriage, honor killings, inheritance, harmful traditional practices like FGM, trafficking of persons, child exploitation, women participation in public life etc. to help Member States craft appropriate policies in these areas. The need to seek the views and insights of the Islamic Fiqh Academy on how to deal with some of the sensitive issues was also expressed by the Member States.
19- Both the Member States and Commissioners dwelt on the importance of addressing the specific issue of OIC Member States’ reservations on international covenants (such as CEDAW and CRC) from a holistic and objective perspective but in a non-apologetic fashion. Commission was urged to look into this issue from a legal perspective with a view to providing objective advisory opinion on whether these reservations conform to Islamic / human rights principles. Commission was also advised to conduct these studies in collaboration with Islamic Fiqh Academy and other reputed NGOs working in this field to objectively analyze and clarify different cultural practices that are wrongly associated with religious teachings. IPHRC agreed on the pressing need to study these reservations in a thematic fashion from a legal perspective as well as to collaborate with reputed NGOs to promote the true, positive and enlightened teachings of Islam on some of the controversial or sensitive issues/practices.
20- The Commission reiterated its call to Member States to expedite ratification of the Statute of the OIC Women Development Organization so as to allow for its early establishment and strengthen the role of OIC institutions in addressing all aspects of the human rights of women. The IPHRC further called upon Member States to implement the OIC Plan of Action for the Advancement of Women (OPAAW) and expressed its readiness to assist Member States in this regard.
21- The Commission highlighted the need to enhance interaction with relevant OIC bodies, including IDB, the International Islamic Fiqh Academy (IIFA) the Statistical, Economic, Social Research and Training Centre for Islamic Countries (SESRIC) as well as the OIC General Secretariat, particularly the General Directorate for Cultural, Social and Family Affairs. It was also recommended that the Working Group on the human rights of womenand of the child should co-organize a Workshop on the theme of “rights of women andtheir status in Islam”, possibly in collaboration with the IIFA and other relevant CSOs.
22- The Commission recommended that the Working Group on the rights of women and of the child should elaborate detailed and result oriented plan of action based on recommendations and points identified in the report of the Fourth and Fifth IPHRC Session. Commission members also stressed the importance of funds availability for hiring technical experts or conducting research etc for these studies by the Commission.
* Right to Development (RtD) 23- The Commission reiterated the need to address economic and social rights from the perspective of the Right to Development (RtD), being indispensable to the realization of all other rights. Role of IPHRC in helping Member States to implement the provisions of ratified human rights covenants and instruments in this area was also highlighted. In this regard Commission members also emphasized the importance of information and data collection to identify and evaluate challenges that prevent the implementation of RtD in Member States, particularly the least developed ones.
24- In follow up to the previous discussions and specific CFM mandate, Commission member, Amb. MostafaAlaei presented his report on the “Negative Impacts of Economic and Financial Sanctions on the Full Enjoyment of Human Rights of People of the OIC Targeted Countries”, which describes unilateral economic and financial sanctions as illegal, discriminatory and counter-productive to the principles of the UN Charter and other international human rights standards. Commission welcomed the comprehensive nature of the report. A number of additional recommendations were made by the Commission members, which were included in the report that was endorsed for submission to the 41st CFM in implementation of its Res. No. 21/40 – POL. (Copy of the Report attached – Annex2)
25- The Commission expressed concern that some Member States were still lagging behind in the realization of many MDGs and identified other opportunities aimed at creating conditions for better enjoyment of the right to development like the voluntary servicesof the youth in the OIC Member States. The Working Group on RtD had also charted out a number of concrete proposals (enumerated in the report of the fourth IPHRC Session), which would continue to be followed-up by the Working Group.