REPORT

ON:

"REGIONAL TRAINING WORKSHOP FOR JUDICIARY AND SECURITY STAFF ON HUMAN RIGHTS AND HUMAN SECURITY"

 

A workshop organized by the Regional Human Security Centre at the Jordan Institute of Diplomacy

Philadelphia Hall, Radisson SAS Hotel

Amman- Jordan

October 28-30, 2002

 

 

Prepared by

Dr. Atef Odibat

Director, The Regional Human Security Centre

 

 

The Regional Human Security Centre at the Jordan Institute of Diplomacy 

Tel:+962 6 5934400 Fax:+962 6 5934408

rhsc@id.gov.jo

www.id.gov.jo/human/index.html

 

I.          Introduction:

 

In its efforts to promote awareness of human security issues in the countries of the Middle East and North Africa (MENA), the Regional Human Security Centre (RHSC) at the Jordan Institute of Diplomacy (JID) organized a regional training workshop to provide high ranking police officers, judges, lawyers, and local governors from the Arab region with comprehensive training in human rights and human security.

 

It is well remarked that the MENA region lacks proper knowledge and comprehensive culture in human rights and human security and their instruments. This status poses impediments to the advancement, development and democratization in the MENA countries. Unfortunately, some human rights violations occur because of inadequacy in human rights and security education and training.

 

It is believed that members of the judiciary and security staff (e.g. judges, lawyers, police officers, local governors, etc.) who work closely with citizens are in urgent need for training in human rights and human security.

 

The Canadian International Development Agency and the Swiss government provided funds for the organization of the workshop. The two donors are very well known and highly recognized by their continuous support to human rights activities not only in Jordan but also in the MENA region.

 

II.              Aims of the workshop:

 

The objective of this project was to organize a regional workshop that brings together senior and mid-career judges, lawyers, local governors, public security officers, and NGOs representatives from the MENA region to train them on issues related to human rights and human security. In fact, this regional workshop attempted to regionalize the innovative work being done by the Royal Commission for Human Rights in Jordan (RCHR) at the national level to train the judiciary and security staff in Jordan - a project which was funded by the Swiss and the Canadian governments and organized by the Royal Commission for Human Rights (RCHR).

 

The training that was provided to participants in this workshop was aimed to enable Arab judiciary and security staff members to conduct similar training in their countries. Therefore, the aim of the workshop would be achieved by allowing a wide scope of training in the Arab region, thus permitting more knowledge in the fields of human rights and human security.

 

 III.   Focus:

 

1.     Duration of the workshop:

 

The workshop consisted of three days. Each day started at 9:00 a.m. and ended at 5:30 except the third day that ended at 2:00 p.m.

 

2.     Programme and Sessions [1]  

 

The first day started with the opening session where Dr. Atef Odibat, Director of the Regional Human Security Centre, H.E. Ambassador Farouk Kasrawi, the President of the Jordan Institute of Diplomacy, H.E. Mr. Roderick Bell, Ambassador of Canada to Jordan and Mr. Rolf Bodenmuller, Ambassador of Switzerland to Jordan, addressed welcoming and opening remarks [2] .

 

The opening session was followed by two morning sessions and one afternoon session.

 

Each session consisted of two lectures addressed by two experts and presided by a chairperson.

 

The second day consisted of one early morning session followed by a site visit to the Rehabilitation and Reformatory Center for Women in Juwaideh, Public Security Directorate in Jordan. This visit was followed by an afternoon session.

 

The third day consisted of three morning sessions including final remarks and the workshop closed its agenda at 2:00 p.m.

 

3.     Participants:

 

Ninety-two participants of senior and mid-career lawyers, judges, officers, and local governors in addition to representatives of non-governmental organizations participated in the workshop. Participants came from Jordan and other Arab countries: Palestine, Syria, Lebanon, Iraq, Kuwait, Qatar, Bahrain, United Arab Emirates, Saudi Arabia, Yemen, Egypt, Tunisia, Morocco, and Mauritania participated in the workshop. [3] This means that all Arab countries have participated except Oman, Libya, and Algeria (in fact, invitations were sent to these three countries and follow-ups took place but they did not attend for reasons unknown to us).

 

The participation was very large. Some Arab countries have nominated 4-5 participants like Egypt, Qatar, and Saudi Arabia. Other Arab countries were represented by both governmental and non-governmental participants like Yemen, Egypt and Tunisia.

 

In addition to governmental participants from the ministries of justice and interior as well as the participation of public security directorates in the MENA region. Also, international agencies like the International Committee of the Red Cross and the United Nations High Commissioner for Refugees and regional organizations have participated in the workshop through their representatives. Those included:

1-                 The League of Arab States, General Secretary, Cairo, Egypt.

2-                  The Arab Programme for Human Rights Activists, Cairo, Arab Organization for Human Rights, Cairo, Egypt.

3-                 The Arab Institute for Human Rights, Tunis.

4-                 The Human Rights Information and Training Centre, Taiz, Yemen.

5-                 The regional Arab Center for Environmental Law, Kuwait.

6-                 Refugees, Displaced Persons, and Forced Migration Studies Center, Yarmouk University, Jordan.

 

4.     Experts

 

Sixteen prominent experts coming from various organizations, institutions, and universities from the MENA region provided lectures on the workshop’s issues and subjects.

 

The issues addressed in the workshop aimed to contribute to the strengthening and the promotion of the cultures of human rights and human security in the Arab region, through providing the judiciary/security staff with the needed theories and experiences in order to activate their roles in protecting the rights of individuals and groups and in guaranteeing their human security.

 

5.     Sessions’ Chairpersons:

 

Eight very well selected regional experts and scholars from various institutes and organizations were involved in chairing the workshop’s sessions. These experts included deans of Law faculties, human rights professors, judges and human rights activists.

 

             6.        Press Coverage:

 

A press announcement was sent to the local newspapers before three days of the opening session where the aims and objectives of the workshop were provided. The local press covered the three days of the workshop. As a result, the event was followed in the daily newspapers for five days before and after the days of the workshop. [4]

 

IV.                 Highlights on the Opening Remarks

 

1.       Dr. Atef Odibat, Director, the Regional Human Security Centre at the Jordan Institute of Diplomacy.

 

-        Brief on the Regional Human Security Centre and its aims and activities.

-        The aim of the workshop which to provide participants with needed training and knowledge in human rights and human security.

-        Appreciation for the Canadian International Development Agency and the Swiss government was recorded for providing funds for the organization of the workshop.

 

 

2. H.E. Mr. Farouk Kasrawi, President, the Jordan Institute of Diplomacy.

 

-        Thanks and appreciations were recorded for the Canadian International Development Agency and the Swiss government for their funding the workshop. In addition to thanking the Regional Human Security Centre for organizing this activity.

-        Human rights and human security issues are no longer purely internal matters. They are global issues of importance to human beings wherever they are regardless of their religion or race or sex.

-        The continuous attention in human rights and human security won’t be effective unless accompanied by needed training, practical experiences, and providing information.

-        A new culture must be developed nationally and internationally to strengthen the new concepts of human rights and human security in the Arab societies.

-        Facing challenges that impede the activation of human rights and human security with effective legislations, expansion of the human rights culture, awareness towards negative impacts of the technological and scientific development, and suitable balance between the requirements of globalization and the rights of nations and individuals.

-        Steps achieved in Jordan in the fields of human rights.

 

3. H.E. Mr. Roderick Bell, Ambassador of Canada to Jordan.

 

-        Expressed Canada’s pleasance in sponsoring the workshop along with their Swiss friends.

-        Human security – as a partner to state security- has been a primary focus of Canadian foreign policy for several years.

-        Canada is privileged to support the Regional Human Security Centre as it is addressing key issues relating to human security in the region.

-        Canada stresses on two priorities in its approach to human security: first, the responsibility of governments to govern not only effectively but with fairness and justice; second, officials from the top to the bottom of the governing structure must be held accountable to their citizens for their manner of governance.

-        The importance of the rule of law which included both the overarching legal framework of a society and the manner in which these laws are applied by officials, including the police and courts.

-        He mentioned that the workshop will include discussions of international legal obligations and how domestic laws in various states of the region should be consistent with the international obligations freely undertaken by those states.

-        The success of the workshop should be measured in two ways: firstly, whether participants emerge with a renewed understanding that all share responsibility for human security. Secondly, whether, the coming discussions are sufficiently practical to suggest how participants and their colleagues might do their jobs better.

 

4.     H.E. Mr. Rolf Bodenmueller, Ambassador of Switzerland to Jordan

 

-        The promotion and respect for human rights, the active support of conflict resolution and the enhancement of human security are solid and integrated pillars of Switzerland’s foreign policy.

-        Switzerland is strongly committed to issues related to the International Humanitarian Law. Switzerland is the country where the International Red Cross was founded and is the depository state of the Geneva Conventions.

-        Switzerland together with a number of other states, among them Jordan and Canada, is a member of the Human Security Network which has an important role to play, in enhancing awareness of human security issues.

-     Recent developments after September the 11^th may threaten the common understanding of International Humanitarian Law.

-      In this context, International Humanitarian Law is the one and only framework to be applied when it comes to the protection of civilians, prisoners and other non combatants in all situations related to armed conflicts. The basic rules of International Humanitarian Law are also binding to non- state actors whom are largely responsible for gross abuses of International Humanitarian Law.

-        Switzerland is deeply concerned about devastating humanitarian consequences of two years of violence in Israel, the West Bank and Gaza.

-        The Swiss government strongly supports the idea that much more attention needs to be paid to humanitarian issues with the framework of the peace process. In this context, Switzerland is propagating action on two levels. Firstly, the establishment of a sustainable political dialogue on International Humanitarian Law. Secondly, the establishment of an impartial international monitoring mechanism which would be inspired by the Geneva Conventions.

-        One of the core issues related to human security is the Human Rights education, a field to which Switzerland attaches particular importance. Human Rights Education is an indispensable tool for the promotion of a culture of peace and peaceful conflict resolution.

 

V. Highlights on Workshop’s Lectures and Open discussions:

 

Sixteen experts, practitioners and others gave lectures, presentations on the issues related to the workshop as follows:

 

1.       Human Rights in Islam

Speaker: H.E. Dr. Ahmed Hlayel, Minister of Awqaf and Islamic Affairs in Jordan.

                  

                   Highlights:

-        In Islam, the human is ennobled and his/her life is preserved. Human is God’s structure on Earth.

-        Human rights of non-Muslims are respected and guaranteed under Islam.

-        Woman is the counterpart of the man in Islam and her rights are respected.

-        Islam prohibited killing and suicide.

-        Explored the essence of human rights in Islam. Islam assured individuals their basic human rights without discrimination based on race, nationality, language etc.

-        The Qur’an mentioned indicators for the respect of human rights.

 

2.       The International Law for Human Rights: Prospects and Challenges

Speaker: Prof. Mohammed Olwan, Faculty of Law, Yarmouk University, Jordan

 

Highlights:

-  International Law regulates the relation between individuals and governments and poses restrictions on the state as can be seen in the field of human rights law.

-  Arab countries are always reluctant in ratifying international conventions and treaties regarding human rights. In some cases, Arab countries may sign but not ratify human rights conventions, or may ratify such conventions with many reservations that prevent their real implementation.

 

In discussion:

§         Participants mentioned that some international conventions do not observe cultural specificity. Because of this some countries show some reservations.

§         The Arab world lacks human rights training and in some cases violations occur due to the lack of knowledge in human rights.

§         One participant stressed on the Islamic concepts that are considered also bases for human rights, while another one mentioned that we should stress on the present Islamic reality in dealing with human rights not only concentrating on the Islamic heritage that is ideal.

 

3.       The Universal Declaration of Human Rights, Dr. Mohammed Makhadmeh, Faculty of Law, Yarmouk University, Jordan.

 

Highlights:

-  The United Nations Charter which was adopted in 1945 is considered an obligatory multilateral treaty and considered the base stone for the international law of human rights.

-          The Universal Declaration of Human Rights adopted in 1948 is the first instrument adopted in the field of human rights by the UN General Assembly and has a great impact on the progress of the contemporary international law for human rights. However, it is not legally binding upon states.

-    The need became very urgent towards establishing an international law for human rights based on strong and clear bases. The two International Covenants: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights adopted in 1966 are legally binding upon states parties.

-    Freedom, equality, and anti-discrimination are the main norms for the Universal Declaration of Human Rights.

-    The Declaration was the base for many international instruments and agreements.

-    The paper briefs all the Declaration’s articles.

-    The Declaration has positive impact on national and international laws.

-    The Declaration is still considered a recommendation issued by the United Nations General Assembly.

 

4.            The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, Prof. Ahmed Abu Al Wafa.

 

Highlights:

-          The United Nations’ structure for human rights refers to "The International Bill of Rights", which consists of: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights.

-          The two Covenants which were adopted in 1966 are based on peoples’ right to self-determination, equality between men and women, right to work and right in social security, right to live well, right to enjoy physical and mental health, right in education and right in gaining cultural and scientific development.

-          The International Covenant on Civil and Political Rights, adopted in 1966, included right to life, to be free and be secure, prohibition of slavery, right not to face torture or cruel punishment, freedom to transfer and reside, right to elect, and right of the protection to minorities.

-          Two protocols have followed the adoption of the International Covenant on Civil and Political Rights.

-          The paper included analytical study for the rights stated in the two covenants.

-          The two covenants regulated the obligations and rights of individuals as well as states.

 

In discussion:

§         It was brought forward that human rights are used by great powers as a pretext to interfere in the policies of small countries in order to achieve their interests.

§         Participants called upon the two lecturers that they should state within their papers what are the standards that human rights and the two covenants based on.

§         The lecturers’ feedback was that the Universal Declaration of Human Rights followed the Second World War to prevent another devastating war.

§         Palestinian participants mentioned the daily violations for human rights under international coverage.

§         Participants added that no human rights policies could be implemented in the Arab world unless fair and democratic political structures could be established.

§         In the context of cultural specificity and human rights, many participants called for respecting this specificity, and for an Islamic convention that could be reached as a substitute for international standards of human rights.

§         Participants stressed the importance of having mechanisms that oblige states to sign, ratify, implement and include international instruments in constitutions and national legislations. More than one participant stated that no utilization could be achieved of the Universal Declaration and the two International Covenants unless included in national laws and constitutions.

§         There was an important point that the two lecturers have missed to mention which are the relation between human rights and underdevelopment. Lecturers mentioned later on that a new concept appeared in the context which is the right in sustainable development.

 

5.            International Humanitarian Law, Dr. Amal Yaziji, International Law Department, Faculty of Law, University of Damascus, Syria.

 

Highlights:

-    International Humanitarian Law is considered part of public international law which is defined as: "A group of legal norms that rule states and other international persons in their interactions. Its aim is to protect all victims of all armed international and internal conflicts".

-    The Law of Armed Conflict organizes means of combat as well as defining its type (is it by land, sea, or air; is it international or not).

-    This law has a special nature that results from the impact of foreign policy on its implementation.

-    There are many obstacles that prevent implementing International Humanitarian Law: Rarely do states incorporate these laws into their local legislations, most countries do not make efforts in facilitating the mission of those responsible for the Law’s implementation, and states often commit violations against this Law.

-    In spite of the previously mentioned, International Humanitarian Law has witnessed many developments. More than sixty countries have established national committees to incorporate the norms of the Law into its legislations. Some countries on the other hand extended its penal jurisdiction to include other countries’ violations for human rights in peace and in armed conflicts. In addition to that, the International Criminal Court was established and started its mission.

-    There is a relation between International Humanitarian Law and human rights law. International Humanitarian Law aims at concentrating on some basic rights and guaranteeing them to the individuals and the groups. But some of these rights differ between peace and armed conflicts.

-    The concepts of the International Humanitarian Law are: a- prohibition of acts against human lives, dignity, family rights, and religions; b- security; c- non-discrimination.

-    International Humanitarian Law aims at protecting victims of international and internal armed conflicts like civilians, combatants, civilian objects such as bridges, power stations, cultural and religious places, and personnel of humanitarian organizations.

-    States and national liberation movements, international and non-governmental organizations are responsible for implementing International Humanitarian Law.

-    The Four Geneva Conventions adopted in 1949 which apply in situations of armed conflict are as follows:

1.          The First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

2.          The Second Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.

3.          The Third Geneva Convention Relative to the Treatment of Prisoners of War.

4.          The Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War.

 

6. Human Security and Its Relation to Human Rights, Dr. Atef Odibat, Director, Regional Human Security Centre at the Jordan Institute of Diplomacy, Jordan.

 

Highlights:

-    The paper included an introduction to the human security concept which emerged after the end of the cold war.

-     The fact that civilians are the vast majority of victims in today’s wars and conflicts.

-    The paper discussed the two pillars of human security: freedom from fear and freedom from want.

-    There are different dimensions for this concept which include food, health, economic, environmental, personal, community and political security.

-    The concept entitled going beyond human rights to address human roots for human insecurity and to emphasize preventive measures.

-    Human security is the continuation of the human rights movement where more emphasis is given to security.

-    Human security is a base for human rights.

 

In discussion: 

§         Most of the discussion interventions have concentrated on the difficulty of implementing the Law’s norms as a result of the impact of international relations and the double standard policies used by countries especially the great powers as well as the fact that countries do not incorporate the Law’s norms into its local legislations.

§         It was emphasized how International Humanitarian Law is a law of special nature and is different from the local laws.

§         It was brought forward that the human security concept comes within international collective security concept. The human security concept is not included in international conventions or agreements but Dr. Odibat’s feedback was that the dimensions of human security exist in all international agreements and conventions like the International Criminal Court, the Geneva Conventions, the Universal Declaration of Human Rights, etc.

§         Some interventions emphasized the close relation between International Humanitarian Law and human security. Both concepts are so much involved in armed conflicts. While human security emphasizes on preventing armed conflicts, International Humanitarian Law finds its jurisdiction after the occurrence of armed conflicts, e.g. the protection of civilians and conflict affected groups.

§         Human security is the core of the human rights because human rights emphasizes on security as a basic right for a human.

 

7.       Mechanisms for Implementing the International Humanitarian Law, Dr. Amer Al Zamalli, MENA Affairs Consultant, International Committee of the Red Cross (ICRC), Egypt’s office.

 

Highlights: The paper clarified the means of implementing International Humanitarian Law.

-    Public Commitments:

1-       Commitment to respect International Humanitarian Law, which is considered a basic norm stipulated by the four Geneva Conventions of 1949 and the First Protocol of 1977 additional to the four Geneva Conventions.

2-       Definition of the International Humanitarian Law: all parties have to have full knowledge of International Humanitarian Law.

3-       Responsibility concept: all states parties are responsible.

-    Some diplomatic solutions:

1-       Conciliation and Investigation: This concept is used by states parties to introduce its good intentions towards any conflict that occur between other states parties. It can be used in an inquiry in a conflict which involve states parties to the Conventions where such investigation could detect violations of International Humanitarian Law.

2-       Role of individuals: The First Protocol Additional to the Geneva Conventions of 1977, has defined them as: "Eligible Individuals whom are capable to provide advice for authorities regarding implementing the International Humanitarian Law and the "Legal Advisors for Military Leaders", whom are responsible to advise military leaders on best ways of implementing the International Humanitarian Law.

-    Organizations:

1-       The concept of "the Protective State" means that a state is responsible for the interest of one party to the conflict, but under the condition of approvals by all parties to the conflict.

2-       International Fact-Finding Commission: parties to the Geneva Conventions agreed to establish this Commission in situations of hostile relation between parties to a conflict.

3-       International Committee of the Red Cross (ICRC): The ICRC is not a party to the Geneva Conventions, but it has a major international role in protecting and implementing International Humanitarian Law. The establishing charters of International Committee of the Red Cross and the International Committee of the Red Crescent impose obligations on the two organizations for ways of protecting and implementing International Humanitarian Law.

-    Responsibility resulted by violating the rules and norms of International Humanitarian Law:

1-            Restraining violations against International Humanitarian Law stated in Geneva Conventions.

2-            The role of criminal responsibility in implementing International Humanitarian Law (the International Criminal Court).

3-       Civil responsibility: on civilians themselves to respect the law in peace and armed conflicts.

 

8.            The International Criminal Court and Its Relation to the International Humanitarian Law, Prof. "Mohammed Aziz" Shukri, International Law Department, Faculty of Law, University of Damascus.

 

Highlights: The paper included:

-    Brief on the International Criminal Court: its establishment, its statute, and its implementation.

-    States’ commitment under the Vienna treaty.

-    Reasons why Arab States are slow in signing and ratifying the ICC Statute.

-    What should be done in the future.

-  The paper has emphasized that the establishing Statute of the ICC has been adopted on 17.7.1998. Most Arab States have signed but Jordan has recently ratified the Statute. The Statute’s jurisdiction consists of: crimes against humanity, war crimes, and the crime of genocide.

-    The paper recommended joining the ICC Statute and further ratifying it because at least the world has reached a mechanism for international criminal responsibility.

 

In discussion:

§         Most interventions raised the importance of joining the ICC.

§         The lecturer emphasized the importance for Arab states to join in.

 

9.       The Regional Agreements for Human Rights, Prof. Badrieh Awadi, International Law Professor, Director, Arab Regional Center for Environmental Law, Kuwait.

 

Highlights:

-    The paper emphasized the reasons for establishing regional agreements for human rights by states, establishing legal legislations that aim at implementing international agreements for human rights, guarantees for states’ commitments towards implementing the regional agreements, the cultural, historical, and legal dimensions between parties to the regional agreement for human rights and establishing a regional structure for protecting human rights and supervising national systems.

-    The European Convention for Human Rights adopted in 1950 included: the right to life and respect for human dignity, right of marriage and respect for personal life, freedom of meeting, freedom of possession, freedom of transfer and choosing residence, freedom of belief, freedom of opinion and freedom of education.

-    Means of effectiveness in the rules of European Convention: The European Committee for Human Rights (cancelled later on): the committee supervised the implementation of the Convention, supervised the respect of national legislations to the rules of the regional convention, and supervised the respect of national courts to the rules of the Convention.

-    The European Court for Human Rights: The Court became a permanent body for conflict resolution, and a high judging court for guaranteeing the parties commitments.

-    The Court is specialized in all issues related to explaining and implementing the European Convention for Human Rights.

-    The African Convention on Human and People’s Rights in 1981: it consists of rights and obligations mentioned in most international convention0s which are ratified by the African Organization, non-aligned movement and the United Nations.

-    The Convention respects positive African cultural values and strengthens them by tolerance and dialogue.

-    The African Committee for Human Rights supervises the implementation of the African Convention for Human Rights.

-    The African Court for Human Rights is the mechanism for judging. Its function lies in all conflicts and legal cases that are filed regarding explaining and implementing the African Convention.

-    The African Convention did not stipulate all rights and freedoms that are stated in many international conventions like the right of nationality and the right of undernaturalization, equality between man and woman.

-    The Arab Convention for Human Rights, November 1979, included all concepts that were stated in international agreements and conventions, like: non-discrimination in rights, interdiction of restriction for basic rights of humans, ratification of minorities rights, and prohibition of death penalties in political crimes.

 

10.        The Constitutional Guarantees to Human Rights, Dr. Mohammed Ghazwi, Faculty of Law, University of Jordan.

 

Highlights:

-    The paper concentrated on the segregation of authorities and its importance to the state.

-     "Judicial supervision": it supervises the violation of law by public authorities.

-    Organized opposition: Democracy imposes the existence of a majority and minority parties.

-    Characters of policy makers: Strong personalities could sometimes guarantee political security, hence human rights.

-    Human rights could be guaranteed by the existence of two parliamentary councils that allow maximum representation for all groups, sects and religions.

-    The paper handled also the crisis of human rights guarantees in Jordan.

 

In discussion:

§         Participants called for activating the Arab Convention for Human Rights that is not effective till now.

§         It was brought forward that supervision on local authorities are main guarantees for human rights where violations such as corruption are committed daily.

 

11.  The Rights for Women, Mrs. Asma Khader, President, Mizan (Law Group for Human Rights) Jordan.

 

Highlights: The paper discussed the following issues:

-    The woman’s equality under law.

-    There is no equality regarding providing nationality.

-    Women’s rights in the international law: the Convention on the Elimination of All Forms of Discrimination against Women.

 

12.     The Rights for Children, Dr. Adel Azar, Lecturer, Social Research Studies, Centre at the American University of Cairo, Egypt.

 

Highlights:

-    The UN Convention on the Rights of the Child (1989) has a special nature. Its rules refer to the international conventions of human rights.

-    The paper included three dimensions as follows:

-    The Convention stipulated on many rights:

                                         ·   Child’s civil rights: children are civilians that must enjoy civil rights.

                                         ·   Child’s rights in life and health.

                                         ·   Child’s right in the development process.

                                         ·   Child’s right in the protection.

                                         ·   Child’s rights in the participation.

-    For achieving child’s rights, special methodology must be followed:

                                         ·   Guaranteeing the right.

                                         ·   Right’s accessibility for the entitled.

                                         ·   Right’s reference to the functional need of the entitled.

                                         ·   The capability of bearing expenses.

                                         ·   Continuity.

-    Programming Child’s rights:

                                         ·   Knowledge of Child’s status in the society.

                                         ·   Analyzing the right that is needed to be implemented.

                                         ·   Deciding policies and programs.

                                         ·   Identifying inputs.

-    For achieving child’s rights, policies must be integrated and harmonized to include all children’s affairs.

 

In discussion:

§         Many participants brought forward the relation between woman’s rights and Islam. Islam provided rights for all, in particular, woman’s rights. Islam stipulated the integrated relation between man and woman and provided equality in rights and obligations, but equality in Islam does not mean complete similarity.

§         It was brought forward also that Dr. Azar’s paper concentrated on the methodological side of the child’s right (not only the legal side) which was encouraged by all participants.

 

13.       The Rights for Refugees, Mr. Samir Jarrah and Ms. Aseer Shomar, United Nations High Commissioner for Refugees, Jordan.

 

          Highlights: The paper included:

-    Content of International Protection of Refugees:

                                         ·   Admission of Safety.

                                         ·   Protection against forcible return.

                                         ·   Protection of physical safety.

                                         ·   Basic standards of treatment.

                                         ·   Search for durable solutions.

-    Responsibilities of Country of Asylum were defined in the International Refugee Instruments (the 1951 Convention Relating to the Status of Refugees, and the 1967 Protocol Relating to the Status of Refugees, and further defined in 1969 OAU Convention, Africa and 1984 Cartagena Declaration, Central America): Allow admissions for all persons claiming to flee danger (principle of non-refoulment) and refrain from forcible returning refugees.

-    Protection of Internally Displaced Persons: (It is similar with refugee situations): need protection against violence, abuse and danger, need humanitarian aid for survival, and need assistance to return to their homes in safety and dignity.

-    Responsibilities of the Country of Asylum:

                                            ·          Allow refugees to remain pending search for durable solution.

                                            ·          Ensure the physical security of refugees.

                                            ·          Ensure basic standards of treatment (basic assistance, non-discrimination, religious freedom, etc.).

                                            ·          Cooperate with UNHCR.

-    Responsibilities of UNHCR:

                                            ·          Provide international protection to refugees.

                                            ·          Seek permanent solutions to refugee problems.

-    Activities of UNHCR:

                                                ·     Assists countries responding to refugee problems (provides technical assistance, undertakes coordination role, and mobilizes funds).

                                                ·     Monitors compliance with refugee instruments.

                                                ·     Promotes respect for principle of international protection.

                                                  ·  Recommends improvement of standards for refugee protection.

                                                  ·  Intermediary between authorities and refugees.

 

14.       The Rights for Minorities, Dr. Mohammed Al Mousa, Law Studies Department, faculty of Law and Islamic Fiqh Studies, Al AlBeit University, Jordan.

 

      Highlights:

-     There is no accepted public definition for minorities in International Law.

-     There are no international agreements or conventions regarding minorities but bilateral or regional agreements.

-     Minorities are divided as ethnic, religious, national, and lingual.

-     Resources for minorities’ protection are recognized in the Universal Declaration of Human Rights, and the two covenants.

 

 In discussion:

§     The support provided by the UNHCR to the states was brought forward.

§     The participants also admired how minorities’ issue was touched in the lecturer’s paper.

 

15.       Tasks of the Judiciary/Security Departments and their Relations to Human Rights, Dr. Mo’tasem Mushasha, Law Studies Department, Faculty of Law and Islamic Fiqh Studies, Al Al Beit University, Jordan.

 

Highlights:

-    The paper concentrated on laws of penal procedures faced by individuals.

-    The paper discussed the guarantees taken by the security forces for protecting human rights within all security steps and procedures (investigation, procedural, penal, etc.).

 

16.       Human Right’s in Sustainable Development, Hiyam Kalimat, Member, Amman Municipality Council.

 

Highlights:

-          The right in the development was declared upon a decision of the General Assembly in 1986.

-          Development is a group of comprehensive processes of economic, social, cultural, and political dimensions that aim at providing basic needs for individuals. It also provides minimum standards for existence and it concentrates on preventing poverty and need.

-          Sustainable development concept was adopted by the United Nations. Its core is that human is the main pivot of the development process.

-          Combating poverty is one of the main targets of sustainable development and one of great challenges faced by the third world countries. Two dimensions will be concentrated regarding human rights:

1.    There is integration in the group of civil and political rights and the group of economic, social and cultural rights.

2. The main needs of providing suitable standards of health, nutrition, and education are economic, social and cultural achievements, but the right in sustainable development is a group of human rights to reserve his dignity and humanity. These rights need special legislations and establishing organizations to ensure secured and good life for the coming generations.

-          Details on the International Summit of the United Nations for the Sustainable Development in Johannesburg, South Africa, 26.8.2002-4.9.2002.

 

                     In discussion:  

-          It was brought forward that there is a continuous growth in poverty in the current world that recognized the right in sustainable development, which is a contradicted relation.

 

VI.    Site Visit:

 

The workshop’s programme included a site visit to the Rehabilitation and Reformatory Centre for Women at Al Juwiedeh area (subordinated by the Public Security Directorate) in Jordan to see the extent to which the human rights of women in the Centre are protected.

 

Participants were impressed by the healthy and clean conditions there. Also they admired the existence of the handicraft center where productions are sold to fund the improvement of the centre’s conditions.

 VII.    Closing Session:

 

In the closing session, Dr. Odibat, Director of the RHSC recorded his sincere thanks and appreciation for the experts and participants for their commitment, discipline, and active participation, all of which had made the workshop a real success.

 

Furthermore, Dr. Odibat assured the participants that their evaluations and comments at the workshop will be highly appreciated and will definitely be taken into account in our future work.

 

Once again, Dr. Odibat emphasized his thanks and gratitude to the Swiss government and the Canadian International Development Agency (CIDA) for providing the RHSC with the needed funds which made the organization of the workshop possible. Also, Dr. Odibat thanked the organizing committee from the RHSC and the JID for their excellent work. Thanks were also recorded for the Radisson SAS Hotel for their cooperation and to the press for their excellent coverage of the workshop. A special thanks were recorded as well for the Public Security Directorate in Jordan for organizing a very successful site visit to the Rehabilitation and Reformatory Centre for Women in Juwaideh.

 

VIII.  Final Remarks and Recommendations:

 

In various occasions during the workshop, participants expressed their appreciation to the RHSC for organizing this important regional workshop. In the views of participants, this workshop was the first of its kind at the regional level to bring together all those working closely with citizens from judiciary and security staff from almost all Arab countries.

The interactions between judges, lawyers, police officers, and local governors and some NGO representatives were highly noted and well appreciated.

Some participants ask for the RHSC’s help in organizing similar national workshops in their own countries. The participants recorded the following major recommendations:

 

1-       Participants urged the RHSC to make this workshop an annual event.

2-       Participants recommended that some of the particular issues of the workshop need to be discussed in more depth, where separate workshops could be organized on issues like human security, international humanitarian law, International Criminal Court, and the human rights of special groups like minorities, refugees, children, women, etc.

3-       Participants urge the RHSC to publish the proceedings of the workshop in a book to be available for all those working in judiciary and security staff.

4-       Participants believe that more attentions should be given to similar events in the Arab region.

 

IX.       Feedback of the Evaluation Forms:

 

 

X.     Issues best admired by the participants in the workshop:

 

1-       Time abiding by lecturers, chairpersons, and participants.

2-       High standards of organization, coordination, high efforts and team work spirit of the organizing committee and the secretariat.

3-       Kind hospitality and reception

4-       Distribution of papers presented

5-       The site visit

6-       The workshop’s program

7-       Issues presented

8-       The lectures of Dr. Atef Odibat, Amal Yaziji, and Dr. Amer Al Zamalli

9-       The importance of Minorities subject

10-   The comprehensiveness of the workshop’s subjects

11-   The definition of the new concept of human security

12-   A very good chance of meeting between judiciary and security staff especially that the workshop gathered almost all Arabs.

13-   The participants’: attendance, quality, and harmony

 

XI.      Some criticisms:

 

1-                 More time was needed to elaborate on some issues of the workshop.

2-                 The three days program was not enough as well, the days of the workshop should be extended to 4- 5 days.

3-                 More emphases should be given to applied training for those working with special groups: children, refugees, and minorities.

 

XII.     Breakdown of the Financial Report:

 

In addition to the in-kind contribution of the RHSC and the JID, the actual cost for this workshop totals JOD 43,500 (USD 61,300).