Democracy, Rule of Law and Equality

1 Promoting Human
Rights through
Democracy, the Rule
of Law and Equality

Introduction
Human rights cannot be addressed by reacting
to immediate concerns alone: root causes must
be tackled to achieve real change. There are
countless abuses of human rights. Unfortunately,
we cannot address all of these. We therefore
seek to focus our efforts where the need is
greatest and where we see real possibilities
of progress. Our work is underpinned by a
recognition that human rights protection requires
support for democracy, the rule of law and
equality.

Advancing democracy overseas helps protect

the UK’s national interest. Human rights are also
better respected and protected in democratic
societies. Respect for democracy and human
rights reduces the risk of instability and conflict,
which in turn improves the protection of human
rights and helps to counter terrorism.
Promoting freedom of expression, protecting
human rights defenders and combating torture
are critical to supporting democracy and the rule
of law and achieving respect for human rights.
Without these, they cannot exist.

The 1948 Universal Declaration of Human

Rights states that “all human beings are born
with equal and inalienable rights”. Ensuring
the equality of all individuals, regardless of their
race, gender or sexual orientation, is crucial to
full realisation of human rights. The UK is one
of most active countries in promoting this global
agenda.

8
 Democracy, Rule of Law and Equality

Supporting Democracy
Guinea: the Killing of Pro-democracy
There is no single model for practising democracy. Demonstrators
Each democracy is shaped by its particular history,
culture and circumstance. But for democracy to On 28 September, more than 150 people
be genuine, effective and supportive of people’s were killed by the Guinean army during a
desire to participate, it needs to be underpinned demonstration in Conakry protesting against the
by equity, informed participation, transparency and junta leader’s decision to run for election in 2010,
despite his commitment not to do so on assuming
accountability. The UK’s approach to supporting
power in 2008. The indiscriminate and brutal
democratic consolidation is specific to the individual
violence used against peaceful demonstrators,
context. It has four main aspects:
including reports of sexual violence, was widely
condemned by the international community.
> Country specific, taking account of the individual Together with EU partners, the UK immediately
characteristic of each country, its history and condemned the excessive use of force by the
culture. In some cases, this will require a sustained Guinean authorities and expressed our concern
effort over many years. In others, this may mean over this serious violation of human rights. On
strengthening specific aspects over the short 27 October, the EU imposed an arms embargo
or medium term. Some governments have no on Guinea and travel restrictions on targeted
commitment to democracy and may actively work individuals.
against efforts to improve it. The UK focuses In October, we welcomed the UN Secretary-
General’s decision to establish an International
its support on countries where it can make a
Commission of Inquiry into the events of 28
difference, while also working to develop an
September. The UN Commissioners visited
international political environment supportive of
Guinea in November and submitted their report
democratic transitions. to the Secretary-General in December. The UK
agrees with the main findings of the report,
> Supporting internal processes, since studies which identified those responsible, and made
show that external events and actors are rarely recommendations on mechanisms to ensure
a decisive influence on whether a transition to accountability. At the time of writing the UK was
democracy occurs. External actors can, however, actively engaged in formulating a robust and
support internal movement towards democracy appropriate UN Security Council response.
once a transition is underway, by providing
technical and expert support and by sending
political signals of international approval for
domestic change.

> Working with regional organisations, since

many states and organisations recognise the
benefits for democracy and its importance as a
universal value. Regional organisations can have a
particular legitimacy and the ability to consolidate
democratic practices through membership and
other agreements.

> Broader than support for elections, since

democracy is more than just elections, the UK
supports a wide range of democracy initiatives.
These include funding NGOs that increase citizen
participation in the political debate; supporting
the inclusion of marginalised groups; providing
training for legal professionals; promoting freedom
of expression; and strengthening political parties
Bodies of victims shot dead on 28 September put on
and parliaments. display 2 October

9
Democracy, Rule of Law and Equality

Westminster Foundation for

Democracy worldwide programmes

Parliamentary strengthening programmes/cross-

party programmes

Party development programmes

Parliamentary strengthening programmes/cross-

party programmes and party development
programmes

We also support freedom of association as an society relations. As support to legislatures is now

essential element of any democracy. The right to recognised as a priority, in 2009 the Westminster
form groups, to organise and assemble together with Consortium for Parliaments and Democracy – a
the aim of addressing issues of common concern is new collaboration of UK institutions engaged in
fundamental, and mass protest is a potent symbol parliamentary strengthening and led by WFD – began
of the exercise of this right. To promote freedom of developing sustainable centres of learning in Ukraine,
association we provide political and financial support Georgia, Lebanon, Uganda and Mozambique.
to NGOs and the media, allowing them to operate in These centres aim to build the capacity of both
often difficult environments; we work with political parliamentary staff and members as well as to share
parties whose ability to organise and campaign is key best practice.
to democratic development; and we provide support
for free and fair elections. An equally important area of WFD’s work is political
party development; WFD runs party-to-party projects
Westminster Foundation for Democracy with and through the UK political parties. This work
The Westminster Foundation for Democracy (WFD) aims to build the capacity of like-minded parties
is an independent public body working to support to develop effective policy-based platforms that
sustainable parliamentary democracy around the give voters a real choice; to build party structures
world. It was established in 1992 by the FCO, to and enable elected representatives to engage more
support democratic development in the newly effectively with their electorates; and to assist with
emerging democracies of Central and Eastern Europe. the development of campaigning and communication
In 2009, WFD received a core grant from the FCO tools locally, regionally and nationally.
of £4.1 million, supplemented by funds from the
Department for International Development (DFID), the WFD has achieved real impact across its programmes
British Council and others. WFD’s total income in 2009 in 2009. In Kenya, WFD’s programme with the Kenya
was approximately £5.5 million. While WFD is an National Assembly’s Parliamentary Broadcasting
independent foundation, it seeks to align its strategy Unit provided professional training in the latest
as closely as possible to that of the UK government so journalistic techniques, enabling the Unit to connect
as to ensure that its work on democratic development people with their parliament, including through
complements the FCO’s human rights agenda. live broadcasting of parliamentary proceedings. In
Uganda, WFD worked with the Foundation for
WFD specialises in strengthening parliaments and Human Rights Initiative to strengthen local councils’
developing political parties. WFD’s core parliamentary participatory budgeting and planning capacity, and
strengthening programmes currently focus on four public accountability and human rights awareness.
areas: financial oversight; parliamentary reporting This led to the production of a ‘Practice Guide on
and access to information; management and Good Practices in Local Government’, which is now
administration of parliament; and parliament–civil being used by the Ministry of Local Government

10
 Democracy, Rule of Law and Equality

Honduras: Threats to Democracy and Human Rights

On 28 June, Manuel Zelaya, the President of the disruption of democratic order in the country
Honduras, was removed from the country at and its risk to regional stability were exacerbated
gunpoint, in what has been described as a by reports of severe restrictions on the rights to
“military-supported constitutional coup”. The freedom of expression and assembly, including
Honduran Supreme Court and Congress had numerous arbitrary detentions, the persecution of
judged that Zelaya’s plans to hold a referendum trades unionists and human rights defenders, and
about constitutional reform – notably whether the the closure of radio stations. For these reasons the
Presidential mandate should be extended to allow UK supported a resolution at the UN Human Rights
incumbents to stand for more than one term – was Council, adopted on 1 October, calling on the UN
itself unconstitutional. The president of the Congress, High Commissioner for Human Rights to prepare a
Roberto Micheletti, was subsequently sworn in as report on the human rights violations committed
interim President. since the coup.
The international community responded quickly The signing of the San Jose/Tegucigalpa Accord
against the ousting of President Zelaya. Foreign by both Micheletti and Zelaya on 30 October was
Office Minister Chris Bryant immediately condemned a positive sign of the willingness of both sides to
his removal and called for the restoration of resolve the issue. But regrettably it was not fully
democratic, constitutional order. The UK supported a implemented. Presidential elections nevertheless
UN General Assembly resolution, adopted on 30 June, took place as planned on 29 November. The elections
which expressed concern about the interruption passed by relatively peacefully – albeit under what
of “democratic and constitutional order and the the EU called ’’abnormal circumstances’’ – with
legitimate exercise of power in Honduras”. Porfirio Lobo declared the winner. We were
Honduras was plunged into international limbo. pleased that President Lobo showed his commitment
Many countries limited contacts with the de facto to moving Honduras out of the crisis by signing
regime; a number of Ambassadors were recalled; some the Accord for National Reconciliation and the
countries imposed travel restrictions on individuals Strengthening of Democracy in Honduras. On
connected to Zelaya’s ousting; EU budgetary support 27 January 2010, the EU issued a statement to mark
was suspended; and negotiations on an Association President Lobo’s inauguration, expressing hope
Agreement between the EU and a number of Central that “his mandate will usher in a new era and the
American states were put on hold. At the same normalisation of the relations of Honduras with
time, the UK and its EU partners focused efforts on the EU and the international community”. Along
supporting a regionally led mediation process to find with our EU partners we will continue to monitor
a peaceful negotiated resolution to restore order closely the human rights situation and to call for full
in the country. These efforts were led largely by the implementation of the San Jose/Tegucigalpa Accord –
Organisation of American States and Costa Rican in particular the establishment of a truth commission.
President Oscar Arias.
Within Honduras, public opinion
was split between those supporting
Zelaya and those supporting his removal.
Public demonstrations continued
throughout the summer, on occasion
turning violent, and worsened after
the unexpected and clandestine return
of President Zelaya in September. In an
attempt to establish order the de facto
government introduced a number of
repressive measures, including a ban on
public demonstrations; a ban on public
broadcasting, which could incite public
order violations; and the eviction of
demonstrators from public buildings,
such as schools. The security forces were
granted powers to remove and detain A supporter of ousted President Manuel Zelaya lights a candle in
demonstrators. Our concerns about protest on 6 October

11
Democracy, Rule of Law and Equality

to help local leaders and councillors better engage

in budgetary processes. In Macedonia, WFD ran a Democracy Support in the EU’s External
series of workshops to promote cross-party dialogue Relations
and cooperation around increasing parliamentary
effectiveness. One outcome, the new “Law on “The EU is committed to improving the coherence
Parliament”, has led to cross-party oversight of and effectiveness of its support to democracy.
parliamentary resources for the first time. The Council, however, affirms that there is room
for improvement in how existing EU policies are
implemented, and that they should be applied
Elections and Election Observation Missions
more consistently and effectively in order to work
Supporting elections and electoral processes is
better together as mutually enhancing parts of a
central to the UK’s work to encourage democracy. coherent whole.”
This support is provided at all stages of the electoral The European Union is founded on the
process, specific to the needs of the country principles of liberty, democracy, respect for human
concerned, and can include working with election rights and fundamental freedoms, and the rule of
commissions, supporting voter registration and law. Throughout its history, the EU has developed
electoral reform, and working with the media. a range of instruments to support democracy. But
these instruments have at times lacked coherence,
The FCO funded a number of election-related projects which has reduced both their individual and
in 2009 through the Human Rights and Democracy collective effectiveness.
Strategic Programme Fund: in Indonesia, for In November, Foreign and Development
Ministers agreed a set of European Council
example, we supported the development of electoral
Conclusions on “Democracy Support in the EU’s
codes of conduct prior to the parliamentary elections
External Relations”. These conclusions are a first
in April 2009, which encouraged political parties step towards a more effective approach and
to pursue their electoral complaints and grievances their implementation is key. They reaffirm the
fundamental importance of democracy to the
EU. Through an Agenda for Action, they set out
Egypt: Supporting Election Observation the key principles to guide the EU’s approach to
in 2010 supporting the spread of democracy (including
that our approach must be country specific, based
As the most populous Arab country and an on dialogue and partnership, and mainstreamed
influential regional player, there is keen into other aspects of the EU’s work). The Council
international interest in the planned legislative and will be updated on progress in 2010.
Presidential elections in Egypt in 2010 and 2011. The
election results will have ramifications throughout
the region.
through-legal channels and so enhanced the smooth
International election observation plays a key
role in validating a country’s electoral process.
running of the elections.
But international observers can only operate at
the invitation of the country concerned. We had The UK also contributes to international election
hoped that Egypt would extend an invitation to observation missions through a number of
the EU to observe their legislative elections in 2010. international organisations. International election
Unfortunately, this has not been the case. These observation can discourage fraud and voter
offers form a key part of EU-Egyptian cooperation intimidation and increases voter confidence, resulting
under the Association Agreement Action Plan in more legitimate election results.
agreed by both sides.
While we will continue to call for an invitation The UK provides financial and technical assistance to
to be issued to the EU and for Egypt to work with
every EU election observation mission. Each year, the
the EU on electoral assistance, the UK Embassy in
EU draws up a list of priority countries for election
Cairo has funded a scoping visit by Electoral Reform
International Services to look at how best we can
observation. In 2009, the EU observed elections in
support domestic election observation. We are El Salvador, Bolivia, Ecuador, Malawi, Guinea-
likely to follow this up with practical support to Bissau, Afghanistan, Lebanon and Mozambique.
assist domestic groups, working within the law, to
observe the elections. The FCO contracts Electoral Reform International
Services (ERIS) to identify well-qualified UK candidates

12
 Democracy, Rule of Law and Equality

who are already registered with the European be strengthened further. The Commonwealth is also
Commission to participate in EU election observation creating a Network of National Election Management
missions. Further information on how to register as Bodies to promote good practices and facilitate
an election observer can be found on the European opportunities for peer support, technical assistance
Commission website (www.ec.europa.eu/europeaid/ and capacity-building for election management bodies
what/human-rights/election_observation_missions) across the Commonwealth.
and the ERIS website (www.eris.org.uk/missions).
Human Rights Defenders
The UK is committed to providing, on an ad hoc basis, Human rights defenders are individuals and groups,
up to ten per cent of election observers requested such as non-governmental organisation (NGO)
by the Organisation for Security and Cooperation in workers, lawyers, journalists and private individuals,
Europe (OSCE). In 2009, the UK provided observers who work to raise awareness of human rights and
to OSCE observation missions in Macedonia, a government’s responsibility to protect them. They
Montenegro, Albania, Kyrgyzstan and Moldova. are key to strengthening respect for human rights in
The Commonwealth observes elections through the their countries. But because they bring failings to light
work of the Commonwealth Observer Groups. These they are frequently the target of government criticism.
independent bodies report to the Commonwealth In some circumstances they face the risk of arrest,
Secretary-General on whether the elections have detention and even death.
been conducted according to the standards for
democratic elections to which the country has The FCO encourages governments to see human
committed itself, with particular reference to relevant rights defenders as legitimate actors working in the
regional, Commonwealth and other international interests of their countries. Our Embassies and High
commitments. In 2009, the Commonwealth observed Commissions reinforce this message through showing
elections in four countries: Malawi, Antigua and them visible support. This includes raising specific
Barbuda, Maldives and Mozambique. The Observer instances of abuse or detention with governments,
Group final reports on each of these elections have encouraging dialogue between governments and
provided recommendations on how the process can human rights defenders, and through specific projects.

The Foreign Secretary meeting Iranian Nobel Peace Prize Laureate and human rights defender Shirin Ebadi on 10 December

13
Democracy, Rule of Law and Equality

The British Embassy in San Jose has actively

supported Amnesty International’s campaigns to Nepal: Attacks on Freedom of Expression
protect activists in Nicaragua, a country where the
space to speak out is under growing threat. The In 2009, freedom of expression continued to
British Ambassador met Nicaraguan women’s rights come under attack in Nepal. The increases in
campaigner Patricia Orozco in 2009, following the intimidation and violence against journalists and
harassment she suffered, and raised her case with human rights defenders by senior officials, political
the Nicaraguan Foreign Minister, Chief of Police, parties, armed groups and security personnel
created a climate of fear and insecurity. Impunity
Prosecutor and President’s Office. Harassment of Ms
continued unabated in 2009 despite commitments
Orozco subsequently ceased.
made by the Nepalese government to protect
human rights. Freedom of expression for the
We work closely with our EU partners when raising Tibetan community in Nepal also continued to be
individual cases, drawing on the advice in the EU a source of concern.
guidelines on human rights defenders. Following We raised our concerns at all levels with the
the June arrest of prominent Vietnamese human Nepalese government, as a part of the EU and
rights lawyer Le Cong Dinh, the UK and EU partners bilaterally. Through our Embassy in Kathmandu
raised his detention both bilaterally and as part we provided support to the NGO Article 19 to
of the EU–Vietnam Human Rights Dialogue. The promote a supportive legislative framework for
EU also issued a number of public statements and freedom of expression. In a positive development,
we continue to raise this case at the highest level. the constitutional drafting committee consulted
Article 19 on specific language on the new
Unfortunately, Le Cong Dinh and his co-defendants
proposed constitutional guarantees of freedom of
all remain in prison where they are serving lengthy
opinion and expression. This cooperation resulted
sentences following their conviction for subversion. in the removal of some restrictive caveats in the
In The Gambia we lobbied on behalf of six draft papers.
journalists imprisoned on charges of sedition and
defamation. The journalists were released shortly
after an EU statement was issued. Safety Institute recorded a worldwide total of 132
journalists dead in 35 countries, 98 of them murdered
In April, we organised a conference with the London because of their work, one of the worst annual
Metropolitan University, Peace Brigades International tolls on record. Most of these were local journalists
and the All Party Parliamentary Human Rights Group covering key issues, including high-level crime and
for officials as well as human rights defenders and corruption. Many such attacks or killings were not
human rights experts. It looked at the risks faced investigated. Reporters Without Borders report that in
by human rights defenders and the gaps in the 2009 around 160 journalists were forced to go into
existing protection mechanisms. Drawing on the EU exile. There was also increasing government control
guidelines on human rights defenders, conference of internet service providers, limiting the space for
participants drew up a series of recommendations discussion, and targeting of bloggers and others who
on how they could work more closely together to speak out in cyberspace.
improve the situation on the ground. We circulated
these recommendations to our EU Partners and UK Our Embassies and High Commissions promote an
Embassies and High Commissions. enabling environment for freedom of expression
by encouraging governments to end impunity for
Freedom of Expression attacks against journalists; replace criminal libel and
Respecting human rights means allowing all people defamation laws with reasonable civil alternatives;
the information they need to make informed choices promote media self-regulation and freedom of
and to challenge or criticise their government. information legislation; and support media pluralism.
Journalists, bloggers and media organisations must be
allowed to work freely and safely. In South Korea, on 3 July, our Embassy brought
together South Korean government officials,
But throughout 2009 their working environment regulators, civil society and UK experts to discuss
became more dangerous. Journalists were increasingly freedom of expression on the internet. This enabled
arrested, imprisoned, attacked or killed, and media key decision-makers to share international experience
organisations closed down. The International News in the run-up to the debate on media legislation

14
 Democracy, Rule of Law and Equality

in the South Korean parliament. The Embassy has and the free media. Throughout 2009 we used
since organised a number of visit programmes for every opportunity to raise our concerns through
South Korean policy-makers to learn more about these structures. At the UN we strongly supported
UK experience of internet self-regulation. The the call of the Special Rapporteur on Freedom of
National Assembly in South Korea is organising a Opinion and Expression for governments to do
follow-up conference in January 2010 to look at the more to protect journalists and to bring to justice
lessons South Korea can learn from internet self- those responsible for attacks against them. We
regulation in the UK and Japan. also strongly supported the work of the Council
of Europe and the European Commissioner for
Across Central America we have worked with Human Rights and in 2009 played an active part in
the NGO Article 19 to implement projects in El the preparation of a monitoring system to enhance
Salvador, Nicaragua, Honduras and Guatemala compliance with the European Convention on
for developing a system for classifying attacks against Human Rights’ provisions on freedom of expression
journalists and reporting these to the national among Council of Europe Member States.
authorities and to the Rapporteur for Freedom of
Expression of the Inter-American Commission on At the OSCE we organised an event, which offered
Human Rights. This same project in Mexico has practical advice on holding governments to account
helped to build support for a bill, currently before the on their freedom of expression commitments. The
Mexican Congress, which aims to make crimes against OSCE’s Freedom of Media Representative stands down
freedom of expression federal offences. Our Embassy in March 2010, with a new appointment due to be
is closely following the progress of this bill. made under the Chair of Kazakhstan. As part of our
commitment to maintain a strong focus on Freedom
We welcome the adoption and review of key of Expression within the OSCE, we supported a UK
legislation to grant press freedom in the Maldives. candidate to run for this position.
In November, the Maldives parliament passed an
amendment to remove key articles from the penal Rule of Law
code, which made defamation of a person’s name,
integrity or dignity a criminal offence punishable by Abolition of the Death Penalty
exile, house detention or fine. Defamation can now be During 2009, we continued to strive for the global
tried only as a civil offence, with maximum penalties abolition of the death penalty. We made our opposition
limited to monetary compensation. The bill to create to it clear in our engagement with countries around the
an independent broadcasting commission currently world, both bilaterally and in partnership with the EU.
under review in parliament, as
well as the proposed freedom
of information bill, will help
consolidate these freedoms.
We were concerned, however,
that 2009 saw a worrying trend
on freedom of expression in
Venezuela, culminating in the
closure of radio and television
channels and student protests,
resulting in two deaths, in
January 2010. We raised our
concerns with the Venezuelan
goverment and will monitor the
situation closely in the run-up to
September legislative elections.

More widely, we promote

the work of international and
regional institutions, which Amnesty International members protest against the death penalty in Japan
defend freedom of expression

15
Democracy, Rule of Law and Equality

Bilaterally, we continue to fund work in the

Caribbean, Africa, the Middle East and Eastern Asia Working to Restrict the Use of Capital
from our Human Rights Strategic Programme Fund. Punishment in the Caribbean and Africa
This includes working with key NGO partners, such as
the Death Penalty Project and the Centre for Capital Where abolition is unrealistic in the short-term,
Punishment Studies at Westminster University in we also support work that restricts the use of the
London. We also continued to raise the death penalty death penalty. In the Caribbean, for example, the
directly with governments, including China, Jamaica work of NGOs to restrict its use has been pivotal in
saving lives.
and the US.
The FCO currently provides funds to the
London-based Death Penalty Project. The Death
When 27 voices are louder than one, we focus Penalty Project makes legal challenges to the
our efforts through the EU. The UK fully supports mandatory death penalty and provides free legal
the death penalty being raised in the EU’s political assistance to anyone sentenced to death in a
dialogues with a wide range of countries. We also number of countries, including Barbados, Trinidad
supported the raising of various individual cases, & Tobago, Guyana, Kenya and Nigeria. The Project
including in Iran, Japan, the US and China. In July, was largely responsible for two outstanding results
the UK requested that the EU raise the case of Iwao in 2009:
Hakamada with the new Japanese Minister of Justice > In a case brought by the Death Penalty Project,
(Mr Hakamada has been in prison since 1968 with 29 the Barbados government agreed to comply with
years spent in solitary confinement). Mr Hakamada the ruling of the Inter-American Court on Human
remains on death row and we continue to monitor his Rights and abolish the mandatory death penalty.
case closely. > The Supreme Court of Uganda declared that the
mandatory death penalty amounted to inhuman
punishment. The court also ruled that anyone
There were numerous positive developments on the
sentenced to death and not executed or pardoned
death penalty in 2009: Burundi and Togo joined the within three years should have their sentence
firm trend in Africa by abolishing the death penalty for commuted to life imprisonment.
all crimes; New Mexico became the 15th abolitionist
state in the US; the Russian Constitutional Court
extended indefinitely the current moratorium, which
had been due to end on 1 January 2010; and Kenyan Preventing Torture
President Mwai Kibaki commuted the sentences of the The United Nations Convention against Torture and
entire Kenyan death row population (more than 4,000 Other Cruel, Inhuman or Degrading Treatment or
people) to life imprisonment. Punishment (CAT) is the main international treaty that
requires states to ensure that all acts of torture are
Unfortunately, the year also saw some negative offences under national criminal laws and that there is
developments. Despite repeated calls from the UK no safe haven for individuals accused of torture.
Government, China executed Akmal Shaikh, a British
citizen; Thailand resumed executions in August after Torture is more likely to take place in situations where
a six-year moratorium; Iran has the highest rate of there are no independent safeguards or checks to
executions per capita of any country in the world and ensure detainees are being treated humanely. The UK
continues to execute juvenile offenders; and stoning can help prevent torture by ensuring that places of
sentences were carried out in Somalia. detention are inspected and monitored. We do this by
actively encouraging countries to sign and ratify the
For this reason, it is important that we continue to Optional Protocol to CAT (OPCAT), which establishes
raise capital punishment at the United Nations, to a dual system of regular visits to places of detention.
demonstrate both the positive direction of global The first involves an obligation on states parties to
movement and the importance we place on the issue. set up, designate or maintain a national preventive
The EU and other supportive countries are discussing mechanism to conduct regular inspections. The
whether to introduce another death penalty resolution second is through visits by the UN Sub-Committee
at the United Nations General Assembly in 2010, on the Prevention of Torture, an independent,
building on the excellent results achieved during the international expert body.
previous two efforts in 2007 and 2008.
In 2009, seven countries ratified OPCAT, taking the

16
 Democracy, Rule of Law and Equality

total number to 50. By reaching this milestone, the

Sub-Committee on the Prevention of Torture will be Eritrea: The Lack of Basic Freedoms
increased from ten to 25 members. This increased
capacity will enable the Sub-Committee to make The UK has serious concerns about lack of the rule
unannounced visits to places of detention and provide of law and accountability in Eritrea. Basic legal rights
technical advice to states on the establishment of afforded by Eritrean law, including the prohibition
national preventive mechanisms. of arbitrary and indefinite detention, are routinely
violated. It is impossible to obtain accurate figures,
but some estimates put the number of political and
The UK’s national preventive mechanism was
religious prisoners in Eritrea in the many thousands.
established in March 2009. It is made up of a number
These include the “G11” – 11 senior government
of existing independent statutory bodies that inspect officials imprisoned since 2001 after openly criticising
conditions at places of detention in the UK. There President Isaias Afwerki. The Eritrean government
are over 20 different types of inspection bodies in refuses to comment on their condition.
the UK. In England and Wales, for instance, there Released prisoners describe secret Special Courts
are independent inspectorates for prisons and whose judges also serve as prosecutors selected
youth detention centres, for police stations and for by, and only accountable to, the President. Legal
psychiatric hospitals. Similar bodies exist in Scotland defence is not allowed. There are also reports
and in Northern Ireland. In all parts of the UK there of summary executions. Conditions in prisons
are inspection mechanisms for immigration centres. and detention centres are harsh and even life-
threatening. Many detention centres are secret,
extremely crowded, below ground or in shipping
UK action to combat torture around the world
containers where temperatures reach 40 degrees,
continued in 2009 through ongoing efforts to support
and outside visits are usually prohibited. Beating
wider ratification and implementation of CAT and and torture are reportedly commonplace and
OPCAT. To achieve this we lobbied other governments, part of a deliberate strategy to weaken detainees
both bilaterally and with the EU, and raised torture and maintain control through the instillation of
and OPCAT ratification during sessions of the Human fear. Former guards and detainees describe food,
Rights Council’s Universal Periodic Review (see page water and medical supplies being strictly limited or
60). The UK also continued to raise individual cases withheld. Many are believed to die in detention.
with foreign governments where allegations of Wider repressive measures taken by the Eritrean
mistreatment were made concerning British nationals regime affect the rights of broad swathes of the
and dual nationals who were detained overseas. population. Mandatory indefinite conscription
In 2009, we also provided funding for programmes into the military is a key example. Despite official
statements that military service only lasts 18 months,
to promote criminal justice, prison reform and torture
many thousands of Eritreans are conscripted
prevention. Examples include:
indefinitely. Service often lasts for more than ten
years in very harsh conditions. This prevents those
> projects by the NGO Association for the Prevention conscripted from exercising basic human rights and is
of Torture in Brazil, Morocco, Senegal, South thought to be a main reason for the high number of
Africa, Thailand and Central Asia to encourage young Eritreans fleeing the country.
OPCAT ratification and implementation; At the 2009 UN Universal Periodic Review
of Eritrea, the UK raised concerns over the
> supporting the same organisation in their efforts to imprisonment and detention without charge of
encourage the establishment of national preventive political dissenters, including the G11, journalists
mechanisms in Benin, Kazakhstan, Kyrgyzstan and members of religious groups, and over
and Lebanon. This project aims to ensure that indefinite national service. We called on the Eritrean
government to take seriously its international human
these monitoring bodies cooperate and work
rights obligations. Eritrea took on over two-thirds
effectively with the UN Sub-Committee on the
of the recommendations made during this process
Prevention of Torture so that real improvements to and we stand ready to assist in their implementation.
prison conditions can be realised; Together with EU partners, the UK regularly raises
human rights concerns as part of an EU–Eritrea
> a torture redress scheme in Nigeria, which political dialogue, and presses the government to
provides training for prison staff, doctors and make available information about political and other
lawyers, as well as providing legal representation prisoners.
to victims of torture;

17
Democracy, Rule of Law and Equality

> advocacy work in Russia implemented by the

Philippines: Extra judicial killings Nizhniy Novgorod Committee against Torture,
which contributed to changes in court procedure
On 23 November, at least 57 civilians were killed allowing defence lawyers access to all prosecution
in the southern Philippines. They were part of material, including photographic evidence, which
a convoy going to file the candidacy of a local can be particularly important in torture cases; and
politician for the 2010 elections. A powerful local
political clan was implicated in the killings. The > supporting Penal Reform International’s input to
massacre shocked the Philippines and the world.
a national law in Kazakhstan committing the
Political killings have long been part of the
government to OPCAT ratification.
landscape in the Philippines. The UK and other
states raised the issue at the Universal Periodic
Review of the Philippines at the UN Human Prison Reform
Rights Council in 2008. In 2009, the UN Special Prisons that are secure, safe, well-managed and
Rapporteur on extra judicial killings reported that humane contribute directly to improving the rule of
the number of political killings in the Philippines law and can promote long-term peace and security.
was down by 70%. But an ongoing culture But in many countries conditions in prisons violate the
of impunity remained, largely because of the most basic human rights standards. The closed and
continued failure to prosecute the perpetrators. isolated nature of prisons can also allow widespread
The Philippines government responded swiftly abuse, including torture, to be committed with
to the incident. Several prominent members of the impunity. Badly run prisons where human rights are
political clan were taken into custody. The main
not respected can also be recruiting grounds for
suspect and members of his armed group have
terrorism.
been charged with multiple murders. The UK will
be following the situation closely and encouraging
the Philippines government to take effective legal The FCO’s long-term partnership with the
action to prosecute the perpetrators, provide International Centre for Prison Studies (ICPS)
justice to the victims, restore the rule of law, and continued with a new prison-reform project in two
end the culture of impunity once and for all. provinces in China (Hubei and Jiangsu) in 2009, the
aim of which is to bring prison-management practices
in line with international human rights standards.
ICPS has already held a number of training sessions
with the Chinese Ministry of Justice and prison-service
officials. This was followed by a visit by Chinese
officials to the UK to see different types of UK prisons
and hold meetings on UK prison management with
the Ministry of Justice and HM Prison Service officials.

In 2009, in partnership with the ICPS, the second

edition of A Human Rights Approach to Prison
Management was launched by Foreign Office Minister,
Baroness Kinnock. The original handbook has been
used by foreign governments, prison authorities and
human rights NGOs around the world to promote
good prison management that reflects human
rights principles. This includes addressing the needs
of particularly vulnerable prisoners, the provision
of healthcare and improving rehabilitation and
reintegration. The new edition recognises the changed
international environment and deals with additional
issues, such as the management of very high security
prisoners and of prisoners who are foreign nationals.
Police at the scene of the 23 November extra judicial
killings in the Philippines The FCO is also continuing to fund a successful
project with the Great Britain–China Centre, to

18
 Democracy, Rule of Law and Equality

establish the independent monitoring of police In March, a delegation from the Council of Europe’s
detention centres in China. This follows on from a anti-racism agency, the European Commission against
previous pilot project in Liaoyuan province, which Racism and Intolerance (ECRI), visited the UK to
has now been extended to two further provinces. gather evidence for its forthcoming fourth periodic
As a direct result of trained lay visitors regularly report on the UK. ECRI expect to publish their report
monitoring the original Liaoyuan detention centre, in March 2010. In September, the Government
both physical conditions and medical provision have launched a consultation on its next periodic report
improved. In addition, following media interest in under the International International Convention on
this project, in September 2009 a Beijing prison held the Elimination of All Forms of Racial Discrimination
its first-ever public open day. This represents a first (ICERD). Comments on the draft report were sought
step towards greater transparency and oversight of from some 180 NGOs. We expect to submit the final
detention centres. version of the report to the UN in early 2010.

Promoting Equality Durban Review Conference

The UN Durban Review Conference took place
Racism from 20–24 April. Its objective was to review
The UK is committed to fighting racial discrimination the implementation of the Durban Declaration
and intolerance. Combating all forms of racism, and Programme of Action, agreed at the World
including anti-Semitism, remains an important part of Conference Against Racism in 2001. The 2001
the Government’s human rights policy. We continue conference was marred by anti-Semitic rhetoric and
to develop policies, strategies and legislation to behaviour in NGO events and was extremely difficult
address these issues, both in the UK and globally. for the UK and many EU partners. The Durban Review
Conference was the conclusion of a long, tough and

Durban Review Conference: Protesting against President Ahmadinejad’s speech

On the first day of the Durban Review Conference, speakers who dared criticise their president, suggests
Iranian President Ahmadinejad delivered a speech in that they did not expect such a backlash.
which he spoke of Israel as “a racist state…formed A walk-out is not a common occurrence in
on the pretext of Jewish suffering” and used international diplomacy. But it was important to
language claiming worldwide Zionist conspiracies. send a clear and strong message. We fought back
As the Foreign Secretary said at the time, we hard against Ahmadinejad’s appalling behaviour. We
deemed Ahmadinejad’s comments “offensive, believe that the reaction of many in the international
inflammatory and utterly unacceptable. That such community, condemning his words of hate but
remarks were made using the platform of the UN’s stressing that they should not derail the legitimate
anti-racism conference is all the more reprehensible.” UN work on racism, means that our decision to stay
We judged the statement constituted racial hatred. at the conference, although not an easy option, was
Along with EU colleagues our Ambassador to the the right one.
UN in Geneva walked out in protest and in solidarity
with those targeted by Ahmadinejad’s hateful words.
We later returned to the hall and, like many other
delegations, condemned Ahmadinejad’s words. We
returned because we did not want to leave the stage
only to those, like President Ahmadinejad, who
would take global efforts against racism backwards.
The UN Secretary-General and the UN High
Commissioner for Human Rights also condemned
his speech. They were right to do so. The
Secretary-General was correct when he said that
Ahmadinejad’s words were “the opposite of what
this conference is seeking to achieve”. Iran’s reaction,
complaining bitterly at the many statements of President Ahmadinejad addresses the Durban Review
condemnation and interrupting non-Governmental Conference on its opening day

19
Democracy, Rule of Law and Equality

controversial multilateral negotiation on how best to challenge prejudice and discrimination where we find
review the Durban Declaration and Programme of it. The British Government will continue to challenge
Action. It also got off to a difficult start. The preceding racism and anti-Semitism and promote the human
weekend, several western countries decided against rights of all people across the world, and we call upon
participation. The US, who withdrew from the 2001 other states to do the same.”
conference because of the anti-Semitic rhetoric,
announced they would not participate. Australia and The Government has continued to work closely
New Zealand joined them. Israel and Canada had with the All Parliamentary Group on Combating
confirmed in 2008 that they would boycott. Several anti-Semitism in following up their 2006 inquiry.
EU states – Italy, the Netherlands, Germany and Representatives from several Government
Poland – also withdrew on the eve of the conference, departments, including the FCO, as well as Jewish
and the Czech Republic followed on the first day, community organisations and parliamentarians,
following Iranian President Ahmadinejad’s statement. sit on a steering group to take forward and
monitor the implementation of the 2006 inquiry
The UK engaged in the Durban Review Conference recommendations. The working group is cited as best
because we shared its principal objectives: to further practice across the world and its discussions help
the global fight against racism, and to review progress shape our international engagement.
in this effort since 2001. From the outset, our
engagement was based on clear red lines: specifically, Throughout 2009, the UK continued to promote policies
we could not accept a repeat of the anti-Semitism to tackle anti-Semitism through a range of international
seen at the 2001 conference or accept any attempt to organisations. The OSCE has a key role to play. OSCE
undermine the international human rights framework participating States have repeatedly condemned anti-
or restrict freedom of expression through including Semitism, acknowledging the impact it can have on
the concept of “defamation of religions” in the political and social tensions and wider international
outcome text (see page 64). We made it clear that stability. In response to the increase in anti-Semitic acts
if these red lines were crossed, the UK retained the across the OSCE region, the OSCE and the Chairman-in-
option of withdrawing. Throughout the conference Office’s Personal Representative on combating anti-
the UK met daily with representatives of UK civil Semitism convened a roundtable discussion in March
society to update them on developments and seek on “Combating anti-Semitism: Current Trends and
their views on progress. Challenges in the OSCE Region”. The expert meeting
brought together representatives of civil society and
We are pleased that the final text clearly states that international organisations, as well as Jewish leaders
the Holocaust must never be forgotten and reaffirms from several OSCE participating states, to discuss recent
the importance of the fight against anti-Semitism. We trends and developments concerning anti-Semitic hate
also successfully kept out language that sought to crimes and incidents across the OSCE region.
single out any particular country for criticism. At our
insistence the text also includes references to multiple In May, under the UK Presidency, the FCO hosted
forms of discrimination, which we interpret to cover the two-day annual meeting of the 11-country
the rights of lesbian, gay, bisexual and transgender International Commission for the International Tracing
people. The outcome document was adopted by Service (ITS). At this meeting it was decided that a
consensus on 21 April. We believe it is a significant new international agreement setting out the tasks of
improvement on previous UN texts on racism, the ITS relating to its archive of Holocaust-era records
including that from the 2001 conference. should be drawn up. In 2009, the UK also continued
to play an active role in the work of the Task Force for
Given that the conference met our red lines, we were International Cooperation on Holocaust Education,
disappointed that EU unity was not maintained. What is Remembrance and Research. At the December
important now is to reunite and ensure that the political meeting, the University of London’s Institute of
gains of the conference are translated into continued Education presented its report into teaching about
strengthening of the UN’s effort to fight racism. the Holocaust in secondary schools. This report,
part-funded by the Department for Children, Schools
Combating anti-Semitism and Families, will help inform a national programme
As the Foreign Secretary said on 27 January to mark of courses to help teachers address the issues they
Holocaust Memorial Day, the UK has a “duty to encounter when teaching about the Holocaust.

20
 Democracy, Rule of Law and Equality

>> it’s a terrible comment The participants committed themselves to taking

coordinated, long-term action to tackle the escalating
on our times that we global threat of anti-Semitism, including physical
attacks as well as race hatred and Holocaust denial
should be meeting now distributed via the mainstream media and the internet.
The London Conference concluded with the signing
in 2009 on the subject of of the “London Declaration”. By signing, participants
undertook to:
anti-Semitism <<
Lord Malloch-Brown, > return to their assemblies and establish Inquiry
London Conference on Combating anti-Semitism, Scrutiny panels to determine the existing nature
17 February and state of anti-Semitism in their countries;

> engage with their national governments in order

London Conference for Combating anti-Semitism to measure the effectiveness of existing policies
On 16 and 17 February, over 100 parliamentarians and mechanisms and to recommend ways to
and NGO representatives from 35 different countries counter anti-Semitism;
gathered in London to develop strategies to combat
the growing global threat of anti-Semitism. The London > maintain contact with fellow delegates through a
Conference on Combating anti-Semitism, hosted by working-group framework; and
the FCO and the Inter-parliamentary Coalition for
Combating anti-Semitism, was held in the Houses of > engage with civil society institutions and leading
Parliament and at the FCO’s Lancaster House. NGOs to bring about change both domestically
and globally.
The London Conference came in the wake of a
significant increase in anti-Semitic attacks around The government of Canada will host the next meeting
the world following Israel’s action in Gaza. In his of the Inter-parliamentary Coalition in 2010.
speech to the conference the then Foreign Office
Minister, Lord Malloch-Brown stressed the need for The London Declaration is available at:
the international community to separate the political <www.antisem.org/london-declaration>.
unrest in the Middle East and Israel’s foreign policy
from criticism of Jews. More information on the Inter-parliamentary Coalition
can be found at: <www.antisem.org>.

Then Foreign Office

Minister Lord
Malloch-Brown at
the Conference for
Combating anti-
Semitism, 17 February

21
Democracy, Rule of Law and Equality

Minority and Indigenous Rights individual or group concerned. In 2009, following

In September, the Government launched a consultation consultation with various think tanks, academics and
on its third state report under the Council of Europe’s NGOs, the FCO produced detailed guidance for our
Framework Convention for the Protection of National overseas missions on understanding the human rights
Minorities. We expect to submit the final version of the issues involved in freedom of religion or belief.
report to the Council of Europe early in 2010.
In November, EU Foreign Ministers adopted a set
The UK participated at the second annual UN Forum of EU Council Conclusions on Freedom of Religion
on Minority Issues in November. It was organised by or Belief. These Conclusions reaffirmed the EU’s
the Human Rights Council’s Independent Expert on commitment to promote and protect freedom of
minority issues, Gay McDougall. The Forum, chaired thought, conscience, religion or belief, including the
by Barbara Lee, Member of the United States House right to adopt, change or abandon one’s religion or
of Representatives, focused on minorities and effective belief, of one’s own free will. Foreign Minsters agreed
political participation. The UK delegation delivered to continue to give priority to freedom of religion or
a keynote statement on behalf of Anne Begg, belief as part of the EU’s wider human rights policy
Vice-Chair of the UK Speaker’s Conference on and to identify further opportunities to promote it in
Parliamentary Representation. The statement bilateral and multilateral relations.
explained the remit of the Speaker’s Conference to
an international audience and the importance for the The UK continued to promote freedom of religion
House of Commons that it reflects UK society. or belief in its bilateral relations around the world.
In Nigeria, members of the High Commission had
The UK supported the OSCE Ministerial Council regular contact with both Christian and Muslim leaders
Decision on the sustainable integration of Roma and and raised freedom of religion or belief with the
Sinti adopted in December. This decision highlighted Nigerian government. In addition, High Commission
the general rise of violent incidents against Roma staff regularly visited Northern Nigeria and supported
and Sinti in the OSCE region, as well as the lack of measures to address the tensions in the region,
progress on their social integration. including through improving inter-faith relations.

Human rights are universal and equal to all individuals. We are also discussing with the Egyptian authorities
As such the UK is committed to protecting the human continued inter-religious tensions in Egypt. At its
rights of indigenous people. We supported the UN Universal Periodic Review (UPR) in February 2010 we
Declaration on the Rights of Indigenous Peoples, encouraged further efforts to reduce and prevent
which we consider an important tool in helping discrimination in society on the grounds of an
to enhance the promotion and protection of the individual’s religion or belief.
rights of indigenous people and we actively work in
countries around the world for this end. In Brazil, we The British High Commission has closely followed
supported a 150,000 project focussed on promoting the situation of Christians in Orissa State in India
social cohesion, human security and economic since the outbreak of violence in 2008. In November,
growth. In Bolivia, we funded a project to help we were assured that the state-run camps had been
assess the impact of environmental degradation on closed, compensation paid and the perpetrators of
the enjoyment of rights by indigneous people, and to the violence had been convicted. We will continue to
enable those affected individuals to have their voices monitor the resettlement of those displaced and the
heard by the Bolivian parliament. And in Guatemala reconstruction of the damaged churches. We are also
our Embassy is part of an EU group, which examines supporting a pilot project to improve justice in Orissa
attacks and threats against human rights defenders, State through awareness-raising of citizens’ rights and
many of whom are working to defend the civil, building the capacity of lawyers to pursue cases for
political, social, economic and cultural rights of the victims of the violence.
indigenous people.
Women’s Rights
Freedom of Religion or Belief The United Nations Convention on the Elimination of
The UK condemns all instances where individuals are All Forms of Discrimination against Women (CEDAW)
persecuted because of their faith or belief, wherever celebrated its 30th anniversary in 2009. But many
this happens and whatever the religion of the women around the world still face inequality in

22
 Democracy, Rule of Law and Equality

Switzerland: Freedom of Religion and Direct Democracy

On 29 November, the Swiss people voted in UK shares this concern.

a national referendum in favour of banning The Swiss are proud of their unique form of
the construction of new minarets on mosques direct democracy. But the issue has highlighted
in Switzerland. The Swiss federal government contradictions in the Swiss constitution, which allows
and religious leaders of all denominations in popular votes to proceed even when they contravene
Switzerland opposed the motion. Nevertheless, international law. The question of whether this
the decision for now is legally binding and has vote addresses more fundamental questions of
entered the Swiss Constitution. In response to society such as the extension of basic human rights
the vote, the Secretary General of the Council of will continue to be asked. For their part, the Swiss
Europe, Thorbjørn Jagland, said, “the result of this government is aware the ban might be considered
vote raises the issue of whether fundamental rights incompatible with the ECHR and, were a European
of individuals, protected by international treaties, Court of Human Rights (ECtHR) judgment to be
should be subject to popular votes”. The UN High handed down, Switzerland would have to respect
Commissioner for Human Rights described the ban that decision.
as “discriminatory,
deeply divisive and a
thoroughly unfortunate
step for Switzerland
to take, and risks
putting the country on
a collision course with
its international human
rights obligations”.
There is also some
concern, both within
Switzerland and
outside, that this
decision is incompatible
with the human rights
provisions of the
Swiss Constitution
and, perhaps more
significantly, with the
European Convention
on Human Rights (ECHR)
to which Switzerland is
a signatory state. The Campaign posters advocating a ban on the construction of minarets in Switzerland

women around the world still face inequality in adopted at the Fourth World Conference on Women,
political, social and cultural spheres. The financial crisis convened in Beijing in 1995. Each year the CSW agrees
and global economic recession have also impacted an outcome document on one priority theme. In 2009,
differently on women, especially in the labour market, it discussed “The equal sharing of responsibilities
raising new challenges in achieving gender equality. between women and men, including care giving in the
context of HIV/AIDS”. The UK actively contributed to
The UK takes an active role internationally in protecting the negotiations on the outcome document, drawing
and promoting women’s rights through the UN, on its domestic experience. The 2010 session will
including through the range of resolutions discussed celebrate the 15-year review of the Beijing Declaration
by its General Assembly. In March, the UK participated and Platform for Action. We hope this meeting will
in the 53rd session of the UN Commission on the send a strong signal of the international community’s
Status of Women (CSW). This CSW meets annually commitment to making further progress on gender
to discuss women’s rights, including those identified equality and women’s rights, including through a clear
in the Beijing Declaration and the Platform for Action demonstration of the need to implement fully the

23
Democracy, Rule of Law and Equality

Beijing Declaration and CEDAW.

Tackling the violence that affects the lives of millions Creating a new UN body for Gender
of women and girls worldwide remains a priority Equality
for the UK. The UK sits on the Council of Europe’s
Committee on Preventing and Combating Violence Following the UN World Summit in 2005, a High
against Women and Domestic Violence, which is Level Panel on System-Wide Coherence was
currently drafting a Convention to prevent and established to consider how the UN system could
combat violence against women. In 2009, we be made to work more coherently and effectively.
The Panel, which included Prime Minister Gordon
welcomed the appointment by the UN Human
Brown, made a number of recommendations for
Rights Council of Rashida Manjo, as the new UN
reform, including the creation of a consolidated
Special Rapporteur on Violence against Women, its United Nations organisation for women, in order to
Causes and Consequences. We believe her work deliver a more coordinated international response
is essential in providing independent assessments to achieving women’s empowerment worldwide.
and recommendations on issues relating to gender The UK has consistently supported the
violence. In follow-up to the 2008 UN Security Council creation of a new UN gender body. But turning
resolution 1820, which demanded the cessation of all the recommendation into reality has proved
acts of sexual violence against civilians by parties to challenging. In September, after a protracted
conflict, in September we worked to adopt a follow- negotiation, the General Assembly finally decided
on resolution (Security Council resolution 1888), to create a new body, by consolidating the
which will put in place concrete measures to enhance UN’s four existing bodies with responsibility for
gender issues – the UN International Research and
the international community’s response to sexual
Training Institute for the Advancement of Women
violence in conflict. This includes the appointment
(INSTRAW), the UN Development Fund for Women
of a UN Special Representative to provide coherent (UNIFEM), the Division for the Advancement of
leadership to UN efforts in this area. Women, and the Office of the Special Adviser on
Gender Issues (OSAGI) – into a single entity headed
The UK continues to play a leading role on gender by a new Under Secretary-General. In December,
issues in the EU and is involved in ongoing discussions the Secretary-General’s office produced a detailed
over the future EU gender equality policy, which will proposal for the new entity. General Assembly
replace the 2006–10 “Roadmap for Equality between negotiations on the recommendations in this
Women and Men”. The new policy will include a report will start early in 2010.
commitment to develop an EU Plan of Action for
Gender Equality in the EU’s external relations. We
hope this will allow the EU to take a more focused > supporting a range of activities to address sexual
and systematic approach to tackling gender inequality violence in Guyana, including arranging expert
and empowering women, supported by EU funding. legal advice on the drafting of new sexual violence
legislation; and helping in the production of a
Bilaterally, the UK works to protect and promote the detailed statement form and questionnaire for
rights and welfare of women in all areas of life. In police officers taking statements from domestic
2009, examples of this work included: violence and rape victims;

> funding a project in Peru to promote an > funding a two-year project to strengthen emerging
investigation into the allegations of sexual violence networks of Muslim women leaders across India;
against women that occurred during Peru’s internal and
conflict in the 1980s and 1990s. The project will
design an investigation methodology for sexual > funding a project in Barbados which improves
violence cases with the government, and establish the access of women and girls to a coordinated
guidelines on trying cases; service for the prevention, detection, treatment
and recovery from sexual violence. This project also
> organising a “Women in Politics” elections skills strengthens the capacities of service providers and
training course for women in Mauritius who wish promotes public awareness.
to stand for election to parliament, town council or
village councils; Lesbian, Gay, Bisexual and Transgender Rights
The UK believes that Lesbian, Gay, Bisexual and

24
 Democracy, Rule of Law and Equality

the full range of human rights, without fear of Our work is guided by our programme for promoting
discrimination. But this attitude is not universally the human rights of LGBT people, which we launched
shared. Over 70 countries still criminalise same-sex in 2008. This includes an LGBT rights toolkit, which
relationships. This illegality has an adverse effect on we encourage UK Embassies and High Commissions
other areas of human rights: democratic governance to use when advocating for the rights of LGBT people
and sustainable development cannot take place in their host country. It focuses on decriminalisation;
where groups of people are excluded from enjoying non-discrimination in the application of human
their civil liberties. Millions of LGBT people around rights; supporting human rights defenders; and
the world continue to face challenges and human sexual health. In 2010, we will begin working
rights violations related to their sexual orientation with EU partners and civil society to develop an EU
and gender identity. Major concerns include physical strategy, based on our own programme, to promote
violence, unlawful restrictions on freedom of the human rights of LGBT people through the EU’s
expression, freedom of assembly and association, common foreign and security policy. We will work to
violation of the right to respect for private and family ensure that this strategy both identifies opportunities
life, violation of the rights to education, work and for bilateral and multilateral progress, as well as
health, and social stigmatisation. making sure that the rights of LGBT people are raised
systematically in EU external human rights dialogues.
The UK looks to address these issues by playing a
leading role in promoting the rights of LGBT people Within the Council of Europe, the UK played a key
internationally, including through intergovernmental role in discussions of the recommendations by the
organisations, such as the EU, Council of Europe Committee of Ministers on measures to combat
and UN, and our Embassies and High Commissions. discrimination based on sexual orientation or
In 2009, we joined in EU representations to the gender identity, which we expect to be adopted in
Lithuanian government on the potential effect early 2010. We hope these will serve as a guidance
that proposed changes to the Lithuanian Criminal document on sexual orientation and gender-identity
and Administrative Codes could have on the LGBT discrimination issues for use in all Council of Europe
community in Lithuania. We also worked closely with Member States. Bilaterally, the UK has continued to
EU partners in lobbying the Ugandan government work with other European governments to share our
over an anti-homosexual private member’s bill, experience in drafting legislation providing for the
which, if enacted, would widen the definition of recognition of civil partnerships.
homosexuality, criminalise organisations that support
homosexuality in Uganda, and do serious damage to Through the UN Universal Periodic Review we raise
efforts to tackle HIV. our concerns on LGBT rights in specific countries. In

Foreign Office Minister

Baroness Kinnock visits
a local women’s rights
organisation, Aspire, in
Trinidad and Tobago in
November

25
Democracy, Rule of Law and Equality

February, for example, we pressed the government of Mexico City’s Legislative Assembly legalised same-sex
Nigeria to explain its position on LGBT rights, how marriages and adoption by same-sex couples and
it tackles incidences of violence against LGBT people, Austria legalised same-sex unions. We welcome these
and its plans for promoting further social inclusion. developments recognising the rights of LGBT people
As a rule, we look to raise issues on the rights of around the world.
LGBT people as a matter of course when a country of
concern is under review. Disability Rights
The UK is one of the leaders within the field on
There were some positive developments on LGBT disability rights. We strongly support the obligations
rights internationally in 2009. We welcomed of the UN Convention on the Rights of Persons
confirmation from the Rwandan parliament on 22 with Disabilities (CRPD), which builds on existing
December that an anti-homosexuality clause has been international human rights instruments to reaffirm
dropped from the penal code review, and hope that explicitly the human rights of disabled people. An
a similar resolution will be reached in relation to the Optional Protocol supplements the Convention
private member’s bill introduced in Uganda. In July, with additional implementation and monitoring
the Delhi High Court in India struck down India’s 148- procedures. The UK ratified the Convention on 8 June
year old law banning homosexual acts. In December, and the Optional Protocol on 7 August.

Showing support for Pride marches

In 2009, UK Embassies across Central and Eastern shown by UK Embassies during Pride events. One
Europe demonstrated our support for LGBT rights said, “I cannot begin to tell you how proud I feel
by taking part in Pride marches, flying the rainbow of my country (the UK) for doing this but one
flag and speaking out in support. In Budapest, measure perhaps is that as I landed yesterday at
we coordinated a press release in support of the Gatwick I had tears in my eyes. I cannot begin to
Budapest Pride organisers with 12 other Embassies tell you how much it means to me that my pride as
from four continents, including the US and South a lesbian and my pride in my country are now no
Africa, and hosted a reception for those who had longer in conflict but by being together are in fact
joined in the press release. Later, Embassy officials compounded.”
and family members joined in the Pride Parade. In We were dismayed by the hostile reception to
Riga, we welcomed Baltic Pride by co-sponsoring a many of these marches in 2009 and in some cases
reception with a local NGO group and hosting tea the violent attacks on their participants. During
for the march’s organisers. In Bucharest, the Embassy 2010, the UK Government will again offer its full
hosted a barbecue for local human rights activists, support to LGBT people during Pride season. We
NGOs, politicians and the media to coincide with hope that everyone who participates in the marches
“GayFest” week; Embassy staff subsequently joined enjoys them as a celebration of human rights and as
in the GayFest parade. In Sofia, the Embassy issued a statement against discrimination and persecution.
a statement of support to all
those celebrating diversity
at the Rainbow Friendship
Rally. And in Warsaw we
hosted a reception for the
Polish Pride march organisers
and provided them with a
Polish translation of the FCO
programme on Promoting
the human rights of Lesbian,
Gay, Bisexual and Transgender
people.
A number of LGBT
marchers expressed their
gratitude for the various
demonstrations of support Polish riot police at a Pride event in Warsaw on 13 June

26
 Democracy, Rule of Law and Equality

In November, EU Ministers adopted a decision appointment of the first UN Special Representative on

allowing the European Community to become a party Violence against Children, Marta Santos Pais, in May.
to the CRPD, as a Regional Integration Organisation, But there is still much to be done to improve the daily
within the areas of its competence. Community lives of children around the world. The UK works hard
conclusion of the CRPD will result in the Convention’s to encourage countries to fulfil their obligations under
provisions, so far as they are within Community the CRC to protect and empower children.
competence, forming an integral part of the
Community’s legal system. Many of the final details of In February, the UK ratified the Optional Protocol to
this arrangement will be addressed in a separate Code the CRC on the Sale of Children, Child Prostitution
of Conduct, to be negotiated in 2010. and Child Pornography. This Protocol provides
that children must be protected from sexual
Alongside our multilateral work, we continue to fund abuse and exploitation; and that the perpetrators
national projects to promote the rights of disabled of these offences should be punished and the
people. In Malawi, the British High Commission is victims adequately supported.
funding the Malawi National Association of the Deaf
to promote and advocate the rights of people with The UK has also been actively involved in UN
hearing impairments. A recent survey conducted by discussions about the possible creation of a third
the Federation of Disability Organisations in Malawi Optional Protocol to the CRC, under which children
revealed that over one million people in the country would be able to bring allegations of violations
are living with disabilities and of them 52,000 have directly to the UN Committee on the Rights of
hearing impairments. The main purpose of the project the Child. We supported a Slovakian resolution at
is to raise awareness on deafness, provide training in the June session of the UN Human Rights Council
basic sign-language skills, and train deaf people on (HRC) to establish a UN Working Group to examine
issues of human rights. the possibility of a third Optional Protocol. We

In March, the FCO funded a workshop in Poland to

support a coalition of local disability NGOs in their
efforts to become the key civil society interlocutor
with the Polish government as it draws up and
implements new disability legislation. Our Embassy
in Warsaw has also contributed to the Polish debate
on accessibility and inclusivity through its support for
a UK architect’s participation in the “Architecture for
All” conference on accessible architecture design.
And in India, we are supporting a project to promote
government implementation of the CRPD through
the integration of disability into health, employment,
information communication technology, and rural
development policies.

Child Rights
The UN Convention on the Rights of the Child (CRC)
sets the international standard for protecting and
promoting the rights of children. In reflecting the
particular needs of children, it provides the base
for children to fully realise their potential, free from
poverty and ill-health; inequality and discrimination;
and violence, abuse and exploitation. The CRC
celebrated its 20th anniversary in November. The fact
that over these 20 years almost every country in the
world has ratified the CRC is a clear demonstration
A student participating in a Solidarity March for the rights
of the value it has added to the international
of persons with disabilities in Mumbai, India on 9 April
human rights framework. We also welcomed the

27
Democracy, Rule of Law and Equality

participated in the discussions in the Working Group

and will continue to be involved in the development Yemen: Tackling Early Marriage
of this process when it is next discussed at the HRC in
March 2010. Yemen is one of 20 countries in which early
marriage is common. Nearly half of all Yemeni
The implementation of the CRC forms the main focus girls are married before they are 18 years old.
of our bilateral child rights work. We provided more Early marriage is often explained in Yemen as
than £75 million in funding for UNICEF in 2008–09. a traditional practice to protect girls’ honour,
to reduce poverty in the family or as a tribal
We also fund individual projects through the FCO’s
tradition. But early marriage can often increase
Strategic Programme Fund. In 2009, these included:
poverty, reducing women’s access to education
and increasing the chances of injury or death
> carrying out an audit of the Child Protection through childbirth. Yemen has the highest
Systems in Jamaica to improve the quality of maternal mortality rate of the Middle East and
investigation, evidence and support to victims. North African region with one in 43 Yemeni
This aims to prevent the secondary victimisation women dying in childbirth.
of children, which has impeded the reporting of There have been a number of high profile cases
cases of child abuse. Another project in Jamaica recently in which young Yemeni girls have won
aimed to promote positive parenting practices and the right to a divorce from their older husbands.
improve the ability of child protection practitioners There have also been publicised cases of Yemeni
to recognise the signs of abuse; girls as young as 12 years old dying in childbirth.
A number of Yemeni government bodies and
NGOs are working to bring about a change in
> using an exhibition produced by the British Council,
the law on child marriages. The UK has raised the
our Embassy in Ecuador has worked to raise issue of early marriage both through the EU and
awareness about children’s rights among local bilaterally. Early marriage was discussed during
authorities, teachers, children and the general public the high level EU–Yemen Political Dialogue in
through an innovative educational programme that October 2009.
includes art, reading and activity. This has so far In February 2009, the Yemeni Parliament
been implemented in five Ecuadorean cities: Quito, passed a law setting the minimum marriage age
Manta, Cuenca, Loja and Riobamba; for females at 17. But a small number of Yemeni
MPs did not approve of the law and forced it
> supporting the Supreme Court of the Dominican back to parliament’s constitutional committee for
Republic to reduce the trauma faced by children review before the President could ratify it. The law
remains in draft and unenforced while Parliament
testifying in court and to secure stronger
finds an agreement. We have made clear to the
evidence and more convictions by establishing a
Yemeni government our concern at the lack of
special video-recording centre to interview child progress on the legislation.
victims. The Dominican authorities have recently
introduced a law that allows video-recorded
evidence to be admissible evidence in court; Northern Provinces. The High Commission in
Maputo has also assisted with establishing
> helping Nigerian NGOs involved in tackling the ”Monitoring and Denouncing Clubs”, whose
stigmatisation of children as ”witches” and members are encouraged to denounce cases
”wizards” in South-Eastern Nigeria, through of child trafficking and abuse, and hold the
supporting a public awareness campaign in authorities to account;
Akwa Ibom State, and the work of a shelter that
provides refuge and rehabilitation for victims. > funding a study in Barbados to secure empirical
Children accused of witchcraft are ostracised, and evidence on the high level of cultural tolerance of
often subject to beatings, violent “exorcism” and child sexual abuse; and
sometimes even murder;
> supporting the NGO “Perspectives” in Senegal
> providing funding to create a Southern African in sustaining a training centre to allow children to
Network against Child Abuse and Trafficking get away from the street, receive basic schooling,
and to schemes to raise awareness of a new and learn a profession to allow them to earn their
law against child trafficking in Mozambique’s own living.

28
 Democracy, Rule of Law and Equality

A Human Rights-based Approach to Development

In 2000, the Government adopted a human rights- delivers for the poorest and most vulnerable.
based approach to development. This means that our Health and education are two areas in which the
aid partnerships must be based on commitment to UK takes a particular interest, with DFID and FCO both
respect for human rights. The approach is based on active in ensuring global consensus to promote the
three core principles: goals of universal access. The combination of poverty
> Participation: enabling people to participate in and weak health systems mean that many are denied
decision-making processes, which affect their lives. or have limited access to healthcare. The UK has been
> Inclusion: building socially inclusive societies, at the forefront of recent international efforts to
based on the values of equality and non- strengthen health systems in developing countries.
discrimination. During the UN General Assembly in September,
> Fulfilling obligations: strengthening institutions the UK and World Bank hosted a high-level event,
and policies to protect and promote human rights. which resulted in a number of donor countries
The UK believes that the realisation of the committing £3.3 billion of additional finance for
protection of human rights underpins sustainable maternal and child healthcare. At the same event,
development and poverty reduction. a number of developing countries committed to
A decade ago world political leaders agreed on expand access to free healthcare for women and
the Millennium Development Goals (MDGs), which are children. We warmly welcome these commitments.
closely linked to the Universal Declaration of Human Every child has a right to education, yet 75
Rights. The achievement of the MDGs will bring the million are still deprived worldwide. In 2009, the
world a long way towards the achievement of human UK supported the 1GOAL campaign. This will use
rights for all. They provide important benchmarks the 2010 football World Cup in South Africa to
for measuring progress, particularly on the rights to reinvigorate efforts to make universal primary
health, education and a decent standard of living. education a reality. The FCO network played a
Disappointingly, progress against several MDGs key role in bringing together world leaders for
remains significantly off-track. The UN Secretary- the 1GOAL global launch in October, and securing
General will host a Summit in September 2010 support for 1GOAL and increased resources for
to review progress. We will engage with our education from the Commonwealth Heads of
international partners to ensure that the Summit Government meeting.

The Prime Minister signing a chalkboard during the launch of the 1GOAL campaign in London on 6 October

29