Hong Kong Human Rights Monitor

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Hong Kong Human Rights Monitor
Type Non-governmental organization
Founded 1995, Hong Kong
Headquarters Sheung Wan, Hong Kong
Key people Ms Cyd Ho (何秀蘭女士) (Chairperson)
Website http://www.hkhrm.org.hk

Hong Kong Human Rights Monitor (HKHRM) (香港人權監察) is a local non-governmental organization which was established in April 1995. It aims at promoting better human rights protection in Hong Kong in the aspect of legislation and people's everyday life.

The organization is concerned about issues like National Security Laws or Article 23, immigration law, public service broadcasting, the police complaint system, the inspection of prisons, racial discrimination, sex discrimination and freedoms of association, assembly and expression etc.

One of their main aims is to expose the Hong Kong community to the human rights they have, the ones they have not yet obtained and the ones that will better their community. This helps establish an awareness of the initial and potential Hong Kong human rights throughout society. The HKHRM promotes its campaign through the means of education. The recent founding of the Hong Kong Human Rights Monitor Education Charitable Trust contributes constructively to the social awareness of basic and more complex human rights issues.

Contents

[edit] Structure

  1. Hong Kong Human Rights Monitor - It comprises mainly Chinese born in Hong Kong with mandate on human rights and the rule of the laws issues in Hong Kong.
  2. Hong Kong Human Rights Monitor Education Charitable Trust - A charitable fund in Hong Kong to promote awareness of human rights among the people in Hong Kong.
  3. Digital Library - It is a digital library which holds human rights treaties and related documents in electronic format.
  4. Resource and Information Centre - A centre for collecting and distributing basic human rights information.

[edit] Their work

The work of HKHRM can be divided into five aspects:

1. Supporting human rights in Hong Kong
They observe the law, policies and actions of the government by means like participating in Legislative Council of Hong Kong hearings and hold campaigns on different human rights issues and the rule of the law.

2. Finding out the human rights conditions in Hong Kong
They do research on a variety of crucial topics like immigration law, issues about constitution, freedoms of association, assembly and expression, the conduct of police, and the treatment of prisoners in prisons etc.

3. Telling the world about Hong Kong human rights condition
They brief the press, the United Nations, governments in Hong Kong and overseas and legislative bodies on Hong Kong human rights issues in the manner of verbal presentation or written reports.

4. Educating the public about human rights
They publish various educational materials about human rights in Chinese and/or English and distribute them to the public. These publications include a newsletter, teach-yourself human rights pamphlets, calendar etc. The topics of these materials range from the universal declaration of Human Rights to anti-small circle election. They also deliver speeches in public occasions and organize evening classes on human rights.

5. Working on cases closely linked to human rights issues
They handle cases referred to the organization by other Non-government organizations which have significant implications for legal or institutional improvements in certain aspects. Their interest is not limited to individual citizens since they also concerns public affairs such as police and immigration issues.

[edit] Past events

[edit] Observation and inspection

HKHRM is active in observing the operation of government departments.

In the past, the HKHRM has held campaigns for improvements of the police complaint system, and even more in depth issues such as requesting an independent inquiry for Lee Shing Tat's victim case.

During the World Trade Organization Hong Kong Ministerial Conference 2005, there were many anti World Trade Organization demonstrations. HKHRM sent 4 members to observe the way Hong Kong Police handled the demonstrators. HKHRM Director Mr Law Yuk Kai claimed that the demonstrators were highly controlled but the police has overreacted and lacked flexibility. He suggested more communication between the police and the demonstrators so as to lower the chance of misunderstanding.[1]

Prior to the Legislative Council Election in 2004, HKHRM set up the “Election Administration Irregularities Report Hotline” to collect reports about election irregularities from the general public. They received over 15 calls from presiding officers, polling officers, voters and election representatives. Complaints included harsh condition for polling officers, unprofessional handling of votes and promotional activities in non-canvassing areas. Some election representatives reported that the process of ballot boxes sealing and vote counting could not be observed. As a reaction to the complaints, HKHRM urged Electoral Affairs Commission to investigate the reported issues. [2]

HKHRM sometimes co-operates with international organizations in promoting human rights and observing the human rights condition in Hong Kong. When the Alliance for Reform and Democracy in Asia (ARDA) visited Hong Kong for a pre-election assessment in August 2004, the Monitor helped them organize meetings with representatives from different parties and sectors in Hong Kong. On 3rd August, the Monitor and ARDA co-organized a press conference and briefing session in the Monitor’s Office to talk about the operation of the Electoral Affairs Commission (EAC) and the political and legal condition of Hong Kong. On the next day, ARDA and HKHRM met with the EAC together to scrutinize the election arrangements for the election in September. [3]

[edit] Researches and reports

As mentioned above, HKHRM regularly carries out investigations and generates reports about issues that are closely linked to human right issues.

Formerly, the HKHRM has also conducted reviews on issues such as the Hong Kong immigration law and the Hong Kong legal aid system and practice.

In July 2006, HKHRM submitted the second periodic report on the HKSAR of the People’s Republic of China in light of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to the United Nations. The report provides a background of the general political structure in Hong Kong and gives an overview of women’s substantive rights in Hong Kong. It discusses issues like equality in employment and labour rights, domestic violence in ethnic minority families and split families and right of abode. [4]

In 2000, HKHRM interviewed staff and residents in eight children's homes run by Social Welfare Department and obtained its findings from unannounced visits. Then, the Monitor presented press reports claiming that little has been done to improve the service of children’s home since a study in the early 1980s. Although the Department has reservations on some of the investigations and criticisms of the Monitor, the Department has planned further improvement measures for the two areas which the Monitor has commented, i.e. education service for residents and training for staff.[5]

In February 1999, HKHRM submitted a report in respect of the HKSAR's initial report on herself under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women. The report concerns many aspects of women's substantive rights including politics and female participation, education, welfare system, employment and health of women.[6]

[edit] Meetings

HKHRM frequently meets with government officials and international organizations.

In the past, the HKHRM has called for human rights awareness using various resources and by contacting diverse and highly posted authorities concerned with human rights. In dealing with international organizations such as the United Nations, the HKHRM submitted reports calling for the UK and Hong Kong governments to refer to the treaties in which there is mention of certain territories whom should qualify to fall under international human rights.

In terms of the Hong Kong authortitative sphere, Monitor members have previously met with the Chief Executive of Hong Kong (Donald Tsang) and Governor to discuss a re-examination of police interrogation and complaint procedures.

In 2005, HKHRM formed a 4-person delegation to the 34th session of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) held in the United Nations Headquarters in Geneva. Together with other non-government organizations, HKHRM attended the hearing of China’s report submitted in accordance with the International Covenant on Economic, Social and Cultural Rights. During the hearing, they expressed strong opposition to the exclusion of mainland Chinese new immigrants from the government’s proposed Racial Discrimination Act. Besides, they elaborated their concern towards issues like the obstruction to democratic progress, polarization of rich and poor and the slow progress of legislation against age discrimination and sexual orientation discrimination. [7]

In 2002, HKHRM Director Mr Law Yuk Kai and the Democratic Party Chairperson Lee Chu Ming went on a one-week visit to the United States. They had meetings with a number of government officials and some non-government organizations. In the meetings, they explained the legislation of Article 23 and its impacts on the life and human rights of Hong Kong citizens. The media and government officials expressed understanding and concerns on the anxiety of the Hong Kong public. [8]

The organization also catch global attention as it joined the United Nations Human Rights Committee hearing in Geneva in 1999. This involvement will certainly help the organization to obtain more knowledge about human rights and being able to get further recognition from the local government.

In 1998, members of HKHRM had a meeting with Mr Tung Chee Hwa, the former Chief Executive, and expressed their views on the issues of racial equality, immigration appeal system, police monitoring and pace of democracy.[9] Government support is received by the HKHRM after the meeting. The government shows their concern onto the organization and stresses its importance in Hong Kong. [10]

[edit] Education

HKHRM is constantly invited to organize workshops and give talks to promote human rights.

In Hong Kong, many different communities in the society associate with and work together to hold some activities for the Human Rights Day every year since the United Nations adopted The Universal Declarion of Human Rights and set the date of 10th December as the International Human Rights Day in 1948. HKHRM is one of the communities which helps in the Human Rights Day.

In 2005, the Faculty of Law of the University of Hong Kong joint hands with HKHRM to present a talk entitled Sexual Orientation and Human Rights in Hong Kong.[11]

In March 2005, on the Teachers Professional Training Day organized by the Professional Teachers Union, HKHRM delivered a talk to a group of 40 teachers about the need of human rights education. They also introduced the Monitor’s work in the education of human rights. [12]

In 2005, HKHRM organized three street forums in Siu Sai Wan, Causeway Bay and Tseuk Kwan O for community education and as an effort to request for the abolition of the functional constituencies. They invited academics and Legislative Councilors to explain to the public why the functional constituencies cannot guarantee a fair and just political system. [13]

In 2004, HKHRM cooperated with The Hong Kong Council of Social Service and Oxfam Hong Kong and organized a workshop for social service practitioners called Workshop on Basic Concepts on Legislating Against Racial Discrimination.[14]

[edit] Current and future events

  1. Forming group to monitor possible interference on the freedom of expression by the HKSAR Government and/or Central Chinese authorities on existing and future legislation.
  2. Preparing the amicus curiae (Friend of the Court) documents on important constitutional matters.
  3. Monitoring the self-censorship of the media and the possible threat to other media.
  4. Carrying out research on existing laws on detention and imprisonment and proposing recommendations raised by the Monitor and Human Rights Watch.
  5. Urging the HKSAR Government to outlaw racial discrimination by maintaining a record of cases of racial discrimination to illustrate the need for action on this issue.
  6. Investigating issues on mental health and its implications on human rights.
  7. Refreshing the homepage from time to time to make sure members and other interested individuals are able to keep track of the Monitor's activities and the human rights situation in Hong Kong.
  8. Publishing and translating various human rights materials. This include booklets on women's rights, on the rights of minorities and on freedom of association and book on teaching human rights for teachers and video about human rights.
  9. Establishing a human rights information centre including legislation, government and non-governmental organisation publications and newspaper clippings.
  10. Continuing the police campaign which includes monitoring demonstrations, reforming the ineffective police complaints mechanism and improving the quality of autopsies by Government pathologists.

[edit] Officers, founders and staff

The Officers of HKHRM are:

  • Chairperson: Ms Cyd Ho (何秀蘭女士)
  • 1st Deputy Chair: Mr Chong Yiu Kwong (莊耀洸先生)
  • 2nd Deputy Chair: Mr John Clancey
  • Treasurer: Mr Raymond Tsui (徐偉南先生)
  • Secretary: Ms Betty Cheng (鄭慕貞小姐)
  • Director: Mr Law Yuk Kai (羅沃啟先生)
  • Project Officer: Ms Kit Chan (陳潔文小姐)
  • Education Officer: Ms Valerie Chan (陳穎姸小姐)
  • Administrative Officer: Mr Fred Lam (林明發先生)

Executive Council members: Peter Barnes, Rev. Chu Yiu Ming (朱耀明), James Collins, Steven Ng (吳錦祥), Philip Dykes (戴啟思), Anthony Lee (李英洛), Medeline Mok (莫羨嫻), Phillips Ross (駱浩成)

The founder members of Hong Kong Human Rights Monitor include Paul Harris (夏博義), Andrew BYRNES (薄諳度), Johannes CHAN (陳文敏), Philip DYKES (戴啟思), S.C., HO Hei Wah (何喜華), John KAMM (康原), Christine Loh (陸恭蕙), Charles Mok (莫乃光), Stephen NG (吳錦祥), Phillip ROSS (駱浩成).[15]

The HKHRM is run by full-time staff whom mostly consist of volunteers. Their common ground is based on their concern to rise awareness of the human rights situation in Hong Kong. By advancing Hong Kong's social insight on the matter, they hope to protect human rights in Hong Kong and claim more rights and freedom for their people.

[edit] Membership

For all the Monitor members, they have to pay a joining fee of a basic HK$100; making it affordable to the majority of the Hong Kong community. All members are informed through a newsletter about the functions and events that they concern about. Monitor members have the autonomy to choose when and how they want to collaborate and help promote the HKHRM goal. This is only if each member fully understands and demonstrates a legitimate commitment to human rights and the rules and regulations of Hong Kong law.

[edit] Funding

The HKHRM upholds and promotes its work through donations. The amount of work and research that could be done for a better human rights awareness in Hong Kong is affected by the amount of donations that come into the HKHRM fund. Donations are appreciated and non-refundable, but any legitimate donation is welcomed by the Monitor.

[edit] Alliance

Hong Kong Human Rights Monitor is one of the member organizations of the Civil Human Rights Front (民間人權陣線). Other member organizations include The Democratic Party, The Frontier, Hong Kong Human Rights Commission, Hong Kong Journalists Association (香港記者協會) etc.

[edit] Special Incidents

[edit] Rejection of Applications

According to the HKHRM Director Law Yuk Kai, in 2003, a member with “concept different from the Monitor’s” tried to allow tens of people join the Monitor just before the election of their chairperson and vice-chairperson. That member hoped to change the leading group by having people on his/her side taking part in the election and voting in it. However, their application for membership was rejected. According to the current chairperson Cyd Ho, some senior members “succeeded in sticking to the Monitor’s regulations” and claimed that those tens of people could not join the Monitor because they had not elaborately communicated with the Director Mr Law. Consequently, that member “with different concept” also left the Monitor.[16]

Remarks: Interestingly, those “regulations” can neither be found in the Monitor’s homepage nor their membership application form. According to the Monitor’s homepage, to join the Monitor, a person only needs to pay $100 and complete the application form. Besides, “the one essential qualification for membership is a genuine commitment to human rights and the rule of law” and “members… are free to take as much or as little part in the Monitor's activities”. It does not state that people have to contact the Director before they apply for membership. Neither has it given any definition for “genuine commitment to human rights and the rule of law”.

[edit] External links

[edit] Other Human Rights Groups in Hong Kong

[edit] Human Rights Groups in the world

[edit] References

  1. ^ “人權監察推責任予警方,” Tai Kung Pao, 15 December 2005, <http://www.takungpao.com.hk/news/05/12/15/GW-498375.htm> (27 October 2006)
  2. ^ “All the Flaws,” Hong Kong Human Rights Monitor Newsletter OCT 2004, < http://www.hkhrm.org.hk/newsletter/04Oct_eng.pdf> (27 October 2006)
  3. ^ “Electoral Affairs,” Hong Kong Human Rights Monitor Newsletter SEP 2004, <http://www.hkhrm.org.hk/newsletter/04Sep_eng.pdf> (29 October 2006)
  4. ^ Lam Chi Yan, The Second Periodic Report on the Hong Kong Special Administrative Region of the People’s Republic of China in light of the Convention on the Elimination of All Forms of Discrimination against Women, Hong Kong Human Rights Monitor, 2006, <http://www.hkhrm.org.hk/CEDAW%20News/CEDAW9.pdf> (27 October 2006)
  5. ^ “Response to Report by the Hong Kong Human Rights Monitor,” HKSAR Government Press Release, 23 May 2001, <http://www.info.gov.hk/gia/general/200105/23/0523333.htm> (23 October 2006)
  6. ^ “Report by Hong Kong Human Rights Monitor,” Shadow reports by Hong Kong NGOs to the CEDAW Committee, February 1999, <http://www.hku.hk/ccpl/research_projects_issues/cedaw/monitor.html> (24 October 2006)
  7. ^ "HKHRM’s Project Officer --- Miss Baig Raees," Hong Kong Human Rights Monitor Newsletter JUN 2005, <http://www.hkhrm.org.hk/newsletter/05Jun_eng.pdf> (24 October 2006)
  8. ^ “訪美後匯報,” The Democratic Party, 28 October 2002, <http://www.dphk.org/2003/news/index.asp?iCommentID=856> (26 October 2006)
  9. ^ “CE meets the Hong Kong Human Rights Monitor,” HKSAR Government Daily Information Bulletin, 30 July 1998, <http://www.info.gov.hk/gia/general/199807/30/0730172.htm> (23 October 2006)
  10. ^ “Chief Executive meets Human Rights Monitor”,<http://www.info.gov.hk/isd/news/nov97/1112righ.htm> (12 November 1997)
  11. ^ “Sexual Orientation and Human Rights in Hong Kong (CCPL Rights Talk)”, Centre for Comparative and Public Law, Faculty of Law, The University of Hong Kong, 17 May 2005, <http://www3.hku.hk/law/news.php?id=885> (23 October 2006)
  12. ^ “From March to May,” Hong Kong Human Rights Monitor Newsletter JUN 2005, <http://www.hkhrm.org.hk/newsletter/05Jun_eng.pdf> (24 October 2006)
  13. ^ “Campaign on Constitutional Reform,” Hong Kong Human Rights Monitor Newsletter MAR 2005, < http://www.hkhrm.org.hk/newsletter/05mar_eng.pdf> (24 October 2006)
  14. ^ “Workshop on Basic Concepts on Legislating Against Racial Discrimination,” The Hong Kong Council of Social Service, <http://www.hkcss.org.hk/fs/20041005event1.doc> (23 October 2006)
  15. ^ “Officers,” More About Hong Kong Human Rights Monitor, 11 Oct 2006, <http://www.hkhrm.org.hk/english/more/index.html> (23 October 2006)
  16. ^ “人權監察3年前險被騎劫,” Ming Pao, 17 March 2006, <http://hk.news.yahoo.com/060316/12/1m4cl.html> (1 November 2006)