[ALBSA-Info] Greek National Commission on Human Rights

[Agron Alibali]

:  INFORMATION NOTE ON THE GREEK NATIONAL COMMISSION FOR HUMAN RIGHTS

GREEK NATIONAL COMMISSION FOR HUMAN RIGHTS
_______________________________________________________________
Herodotou 1, GR-106 74 Athens. Tel: +30 210 3385 537/580/581; Fax: +30 210
7254 050


INFORMATION NOTE ON THE GREEK NATIONAL COMMISSION FOR HUMAN RIGHTS

The National Commission for Human Rights (NCHR) was founded by Law
2667/1998 and inaugurated on 10 January 2000, when it was first convened by
the Prime Minister, and its President and two Vice-Presidents were elected.

Mission and mandate of NCHR

NCHR is a statutory National Human Rights Commission having a consultative
status with the Greek State on issues pertaining to human rights
protection. The creation of NCHR emanated from the need to monitor
developments regarding human rights protection on the domestic and
international plane, to inform Greek public opinion about human
rights-related issues and, above all, to provide guidelines to the Greek
State aimed at the establishment of a modern, principled policy of human
rights protection. A source of inspiration for the creation of NCHR were
the Paris Principles, adopted by the United Nations and the Council of Europe.

According to Law 2667/1998, by which NCHR was established, NCHR has the
following substantive competences:

1. The study of human rights issues raised by the Government, by the
Convention of the Presidents of the Greek Parliament, by NCHR members or by
non-governmental organisations;
2. The submission of recommendations and proposals, elaboration of studies,
submission of reports and opinions for legislative, administrative or other
measures which may lead to the amelioration of human rights protection in
Greece;
3. The development of initiatives for the sensitisation of the public
opinion and the mass media on issues related to respect for human rights;
4. The cultivation of respect for human rights in the context of the
national educational system;
5. The maintenance of permanent contacts and co-operation with
international organizations, similar organs of other States, as well as
with national or international non-governmental organisations;
6. The submission of consultative opinions regarding human rights-related
reports which Greece is to submit to international organisations;
7. The publicising of NCHR positions in any appropriate manner;
8. The drawing up of an annual report on human rights protection in Greece;
9. The organisation of a Human Rights Documentation Centre;
10. The examination of the ways in which Greek legislation may be
harmonised with the international law standards on human rights protection,
and the subsequent submission of relevant opinions to competent State organs.

Membership of NCHR

In accordance with Article 2 of Law 2667/1998, the following are members of
NCHR:

1. The President of the Special Parliamentary Commission for Institutions
and Transparency;
2. A representative of the General Confederation of Greek Workers, and
his/her alternate;
3. A representative of the Supreme Administration of Civil Servants'
Unions, and his/her alternate;
4. Four representatives (and their alternates) of Non-Governmental
Organisations active in the field of human rights protection, that is,
Amnesty International Greek Section, the Hellenic League for Human Rights,
the Marangopoulos Foundation for Human Rights and the Greek Council for
Refugees;
5. Representatives of the political parties recognised according to the
Rules of Procedure of the Greek Parliament. Each political party designates
one representative and his/her alternate;
6. One Counsellor of State and his/her alternate, proposed by the President
of the Council of State (Supreme Administrative Court);
7. One Justice of the Court of Cassation (Areios Pagos) and his/her
alternate, proposed by the President of the above Court;
8. The Greek Ombudsman and his/her alternate;
9. One member of the Authority for the Protection of Personal Data and
his/her alternate, proposed by the President of the above Authority;
10. One member of the National Radio and Television Council and his/her
alternate, proposed by the President of the Council;
11. One member of the National Commission for Bioethics and his/her
alternate, proposed by the President of that Commission;
12. Two personalities widely recognised for their expertise in the field of
human rights protection, designated by the Prime Minister;
13. One representative (and one alternate) of the Ministries of Interior,
Public Administration and Decentralisation, of National Education and
Religion, of Labour and Social Security and of the Press and Mass Media.
Each of these persons (who do not have the right to vote) is designated by
the competent Minister;
14. Three Professors or Associate Professors (and their alternates) of
Public Law or Public International Law, members of the University of
Athens, Faculty of Political Science and Administration, of the University
of Thessaloniki, Faculty of Law and of the University of Thrace, Faculty of
Law;
15. One member of the Athens Bar and his/her alternate.

The organisational structure of NCHR 

Since 10 January 2000 the President of NCHR (Commissioner) has been
Professor Alice Yotopoulos-Marangopoulos. First Vice-President is Mr Nikos
Frangakis and Second Vice-President is Professor Anna Frangoudaki.

NCHR has established five Sub-Commissions:

1. The Sub-Commission for Civil and Political Rights;
2. The Sub-Commission for Social, Economic and Cultural Rights;
3. The Sub-Commission for the Application of Human Rights to Aliens;
4. The Sub-Commission for the Promotion of Human Rights;
5. The Sub-Commission for International Communication and Co-operation.

According to the Rules of Procedure of NCHR (Decision of Prime Minister Y
138, Official Journal of the Hellenic Republic, B-475, 09.04.2000), each
Sub-Commission holds at least one meeting per month. The Sub-Commissions'
work consists of the preparation of reports on issues related to their
specific field of action. All these reports are subsequently submitted to
the NCHR (Plenary) for discussion and decision.

Since 15 November 2000 NCHR has employed two Legal Research Officers while
since 1 April 2002 NCHR has also employed an executive secretary.

In 2002 NCHR plans to acquire its own premises in Athens and its own web
site (www.nchr.gr).



Summary of the work of NCHR from 2000 to date

In the beginning of the first year of its life, 2000, NCHR collected and
studied all major international documentation regarding human rights
protection issues in Greece which have been raised in international and
European fora, with a view to examining the actual compliance of Greece
with international and European human rights standards and law.
Accordingly, the major issues of concern have been the following: issues
pertaining to the effectiveness of the Greek justice system; freedom of
religion; conscientious objection to military service; conditions of
detention; non-discrimination on the grounds of race, ethnic origin or sex;
protection of minority populations.

In the course of the meetings of the NCHR Plenary since 2000 the following
issues have been discussed and relevant action was taken, including
notification of relevant NCHR decisions and recommendations to all
competent Greek Authorities:

· NCHR Proposals on the draft Charter of Fundamental Rights of the European
Union: NCHR submitted to the EU Convention and competent Greek Authorities
proposals regarding the inclusion within the body of the Charter of
specific substantive provisions for, inter alia, the establishment of
effective equality, the prevention of modern forms of slavery (especially
those pertaining to the sexual exploitation of women and children), the
abolition of the death penalty and the implementation of social and
economic rights.
· The issue of inclusion of religious affiliation in Greek citizens'
identity cards: NCHR decided that the inclusion of religious affiliation in
Greek citizens' identity cards was not in accordance with the Greek
Constitution nor with current international human rights law. The relevant
NCHR opinion and decision was notified to the Greek competent Authorities
and mass media.
· The 2000 Bill on aliens/immigration: NCHR expressed its criticism and
submitted recommendations regarding certain provisions of the above Bill
which were considered to contravene current international standards of
immigration and human rights law. NCHR also called upon the Greek
Government to take all appropriate measures for the establishment of
specialised research into contemporary conditions of migration and for the
establishment of an integrated immigration policy.
· Human Rights Education and Promotion: NCHR initiated a programme of human
rights education and promotion, giving priority to specific population
groups, that is, policemen and policewomen, public servants, lawyers,
journalists and students. In April 2001 the Greek Open University accepted
and started work on the proposal of the Fourth Sub-Commission of NCHR
regarding the creation of a new course on Human Rights. In June 2001 the
Fourth Sub-Commission of NCHR commissioned the Communication and Mass Media
Department of the University of Athens to carry out a special study on
Greek mass media and the promotion of stereotypes and discrimination
mechanisms by the latter. The study is planned to be completed by December
2001.
· Ratification of humanitarian law treaties: NCHR called upon the Greek
Government to proceed to the ratification of the Second Protocol to the
Convention for the Protection of Cultural Property in the Event of Armed
Conflict, as well as of the Optional Protocol to the Convention on the
Rights of the Child on the Involvement of Children in Armed Conflict
(Greece has already signed these Protocols).
· Ratification of the Rome Statute of the International Criminal Court:
NCHR called upon the Greek Government to ratify the Statute of the
International Criminal Court (Greece has already signed the Statute).
· Cremation of the deceased: NCHR proposed to the competent Greek
Authorities the modification of the current legislative framework for the
establishment by Greek law of the right of every person in Greece to choose
by will between cremation and burial when deceased. The latter is
exclusively provided for by current Greek law.
· Amendment of the Greek Constitution in 2001: NCHR submitted to the Greek
Government and the parliamentary political parties recommendations
regarding the amendment of a series of constitutional provisions on:
conscientious objection to military service, abolition of the death
penalty, protection of personal data, the right of association of civil
servants, Greek mass media, the right to property, the protection of the
natural and cultural environment, the participation of civil servants in
political parties and in national elections, the competences of the Greek
Council of State, and the Greek independent specialised authorities.
· Freedom of religion: In light of the recent case-law of the European
Court of Human Rights, NCHR proposed the modification, according to the
above-mentioned jurisprudence, of the current Greek legal framework
regarding prosecution of proselytism, the establishment of places of
worship, the election of the Muslims' Mufti in Thrace and the effective
protection of conscientious objectors.
· Use of force and of firearms by police forces: Upon request of the
Minister of Public Order, NCHR proposed the modification of the current
relevant Greek legal framework in line with the relevant principles and
norms of the United Nations and the Council of Europe, in conjunction with
other practical measures.
· The protection of refugees (asylum) in Greece: NCHR submitted to all
competent Ministries proposals for a series of legislative and
administrative amendments aimed at the modernisation and harmonisation of
the Greek asylum framework with the established and emerging standards of
international and European law.
· Provision of legal aid: NCHR proposed to the Ministry of Justice the
restructuring and modernisation of legal aid schemes in accordance with the
legal aid standards established by the Council of Europe, the European
Union and the case law on the European Convention on Human Rights.
· Conditions of detention in Greece: NCHR, having studied relevant recent
reports of, among others, the European Committee for the Prevention of
Torture and the UN Committee against Torture, having regard to recent case
law of the European Court of Human Rights and having visited some Greek
prisons and police detention centres, submitted to the Ministry of Justice
and the Ministry of Public Order a series of proposals aimed at the urgent
reformation and modernisation of the Greek detention centres and related
legislation and practice.
· Law on organised crime: NCHR submitted to the Ministry of Justice a
series of recommendations, based mainly on European human rights principles
and the UN Convention against Transnational Organised Crime, regarding the
draft of the "Law on the amendment of the Greek Criminal Code and the Code
of Criminal Procedure for the protection of citizens from indictable acts
of criminal groups".
· Alternative civil-social service: NCHR proposed to the Ministry of
National Defence amendments for the modernisation of the Greek law
regarding alternative civil-social service, instead of military service, in
accordance with the relevant established principles of the Council of
Europe and the case law of the European Court of Human Rights.
· Protection of social rights of refugees and asylum seekers in Greece:
NCHR submitted to the competent Greek Ministries a series of
recommendations, based on European and international human rights
standards, for the modernisation and the strengthening of the current,
inadequate system of refugee social protection in Greece.
· Implementation by Greece of ILO Convention No 111 on non-discrimination
in employment and occupation (a formal request for an opinion has been
submitted to NCHR by the Greek Ministry of Labour): NCHR submitted its
comments to the Ministry of Labour, placing particular emphasis on the
important, requiring particular attention by the Greek State, issues of
affirmative action in favour of women in Greece (following the new Article
116.2 of the Greek Constitution) and of the equality of sexes in the
framework of the relevant, evolving EU law.
· Draft Report of the Greek Foreign Ministry on Racism, Intolerance and
Xenophobia to the Committee of Ministers of the Council of Europe: Comments
of the Second (Social, Economic and Cultural Rights) and Third (Application
of Human Rights to Aliens) NCHR Sub-Commissions have been submitted to the
Greek Foreign Ministry upon the latter's request. The above Sub-Commissions
have stressed, inter alia, that the Council of Europe should in no way
proceed to the devaluation of the European Commission against Racism and
Intolerance.
· Issues regarding protection of Roma in Greece: NCHR submitted to the
competent Greek Authorities their report on Roma in Greece containing a
long series of measures that Greece should take in order to meet the needs
for social and legal protection of this particularly vulnerable social group.
· Main issues of racial discrimination in Greece - Proposals for the
modernisation of Greek law and practice: NCHR with this report underlined
the major issues concerning racial equality in Greece already raised by
competent UN and Council of Europe organs and proposed that the Greek
Government proceed to the overhaul of the relevant policy and legislation,
taking in particular into account Directive 2000/43/EC implementing the
principle of equal treatment between persons irrespective of racial or
ethnic origin.
· 2001 Reports of the Ministers of Justice and of Public Order to the UN
CAT: NCHR submitted their comments on the above Reports, upon request of
the relevant Ministries, in accordance with Law 2667/1998 founding NCHR.
· Resolution on terrorism and human rights after the events of 11.09.2001:
NCHR was one of the first National Institutions that issued such a
Resolution calling upon States to abide by their international legal
obligations in the course of their struggle against terrorism.
· Second Mediterranean Conference of National Human Rights Institutions:
NCHR successfully organised the above Conference from 1-3 November 2001 in
Athens which was attended by 14 National Institutions and was concluded
with the Athens Declaration (see text at www.nhri.net). The major theme of
the Conference was immigration and asylum following the Durban World
Conference against racism of September 2001.
· Appeal to the Greek Foreign Minister pertaining to the treatment by the
US authorities of Afghan detainees: NCHR has called upon the Greek Foreign
Minister to exercise his utmost influence so that international human
rights principles are adhered to in this case.
· Appeal to the Greek Foreign Minister for the ratification by Greece of
the anti-discrimination 12th Protocol to the European Convention on Human
Rights (ECHR), already signed by Greece.
· Appeal to the Greek Foreign Minister for the signature and ratification
by Greece of the 13th Protocol to ECHR (concerning the abolition of the
death penalty in all circumstances).
· Resolution on the 2001 proposals for an EU Council Framework Decision on
combating terrorism and for an EU Council Framework Decision on the
European arrest warrant and the surrender procedures between Member States:
NCHR commented on the above proposals dated December 2001 and stressed that
these Decisions should be squarely based upon international and European
human rights standards and principles. 
· Research project on TV news reports and human rights protection: The
Fourth Sub-Commission of NCHR commissioned the Department of Communication
and Mass Media of the University of Athens to carry out the above research
that was concluded in the first half of 2002. The research demonstrated the
existence of a pattern of serious violations of human rights by TV news
reports of mainly private TV channels in Greece. The research results will
be publicized in December 2002.
· Initial (2002) Report of Greece to the UN Committee on Economic, Social
and Cultural Rights: NCHR submitted their comments on the above Report,
prepared by thirteen Ministries, upon request of the Greek Foreign
Ministry, in accordance with Law 2667/1998 founding NCHR.
· 2002 Core Document of the Greek Foreign Ministry to the UN Human Rights
Committee: NCHR, upon request, submitted to the Greek Foreign Ministry
their comments on the above Core Document pertaining to substantial
information on the framework of human rights protection in Greece.
· Report on Law 2956/2001 pertaining to temporary employment through
"companies of temporary employment": NCHR forwarded to the Greek Government
the above report underlining their concerns at the raison d'etre and
application of the above Law that provides for the hiring of employees from
the above-mentioned companies to various businesses in Greece.
· Issues relating to reception and access of asylum seekers to the asylum
procedure in Greece: NCHR submitted to the Greek Authorities a series of
new proposals with a view to overhauling and improving the existing
practical framework of refugee reception and access to refugee recognition
procedures in Greece.
· 2001 Greco-Turkish Protocol for the implementation of article 8 of the
Greco-Turkish Agreement on combating crime and illegal immigration: NCHR
issued a Resolution expressing their serious concern at, inter alia, the
non-inclusion in the above Protocol of any express clauses pertaining to
the effective protection of asylum seekers arriving in Greece from Turkey,
according to the Geneva Refugee Convention.
· Bill on combating trafficking in persons and providing protection to
victims: NCHR submitted to the Greek Authorities a series of substantial
proposals for the amendment of the above Bill, in accordance with the
relevant protection standards agreed upon by the United Nations, the
Council of Europe and the European Union.
· Restrictive quotas against women employed by the Greek Police and Fire
Brigade: NCHR issued a special report on the above issue calling upon the
Greek Ministry of Public Order to abide by the new provisions of the Greek
Constitution on affirmative action in favour of women and by the relevant
case law of the Greek Council of State.
· Bill on the Greek administration's compliance with judicial decisions:
NCHR submitted to the Greek Authorities a number of proposals for ensuring
conformity of the above Bill with the prescriptions of the Greek
Constitution, the International Covenant on Civil and Political Rights and
the European Convention on Human Rights.






Athens, November 2002



---------------------------------
Do you Yahoo!?
Yahoo! Mail Plus - Powerful. Affordable. Sign up now
-------------- next part --------------
HTML attachment scrubbed and removed