Dec 17, 2015 | News, Publications, Reports
With the signing of the political agreement on a national unity government today, the next step in Libya’s transition will be to ensure that its new Constitution fully conforms to international rule of law and human rights standards, the ICJ said today.
The statement came as the ICJ released its new report The Draft Libyan Constitution: Procedural Deficiencies, Substantive Flaws.
In the report, the ICJ calls on the Libyan Constitution Drafting Assembly (CDA) to substantially revise the Draft Constitution published in October with a view to ensuring its full compliance with Libya’s obligations under international human rights law and international standards.
Libyan authorities, including the CDA, should also put in place effective mechanisms to ensure that the drafting process is inclusive, participatory, and fully reflects the views of a broad range of stakeholders, including civil society and minority groups.
The report concludes that the Draft Constitution, in many key respects, does not conform to Libya’s obligations under international human rights law or to international rule of law standards.
“The new Constitution provides a crucial opportunity to depart from decades of authoritarianism under Moammar Ghadafi’s regime. It must therefore provide for a strong foundation upon which the rule of law, including the separation of powers, the independence of the judiciary and civilian oversight over military and armed groups, can be established and upheld,” said Said Benarbia, Director of the ICJ MENA programme.
The Draft Constitution should also be amended to provide for a comprehensive set of human rights and protections that fully accord with international human rights law, including provisions relating to non-discrimination, the right to life, the right to liberty and security, the prohibition on torture and other cruel, inhuman or degrading treatment or punishment, protections for minorities, the right to freedom of thought, conscience and religion, fair trial rights, and a range of economic, social and cultural rights.
“The Libyan Constitution must at a minimum conform to the definition and scope of the rights contained within the human rights treaties to which Libya is a state party. Any scope for limitation of rights must conform to the criteria for such limitations under international law and, in particular, only as are provided for by law, are proportionate, and are demonstrably necessary in a free and democratic society,” Benarbia added.
Contact:
Doireann Ansbro, Associate Legal Advisor of the ICJ Middle East and North Africa Programme, tel: +216 71 841 701, email: doireann.ansbro(a)icj.org
Libya-Draft Constitution Flaws Deficiencies-Publications-Reports-2015-ENG (full report in PDF, English)
Libya-Constitution Flaws Report-News-Press releases-2015-ARA (full press release in Arabic, PDF)
Libya-Draft Constitution Flaws Deficiencies-Publications-Reports-2015-ARA (full report in PDF, Arabic)
Dec 17, 2015 | News
The decision of the High Court of Singapore ordering blogger Roy Ngerng to pay damages to Prime Minister Lee Hsien Loong following a civil defamation suit brought in 2014 constitutes a major blow for freedom of expression in the country, said the ICJ today.
In a judgment released on 17 December 2015, the High Court ordered Roy Ngerng to pay SG$100,000 in general damages (approximately US$70,667) and SG$50,000 (approximately US$35,330) in aggravated damages.
This decision comes approximately six months after a three-day hearing on assessment of damages took place.
“Under international standards, individuals must not be the target of defamation actions over comments made about public figures, particularly where the subject matter is of public interest,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“This decision sends a clear message that the people of Singapore are not in fact free to express their opinions about matters of public interest,” he added.
This suit against Roy Ngerng was brought by Prime Minister Lee who argued that Roy Ngerng, in his blog, suggested that the Prime Minister bore responsibility for criminal misappropriation of the Central Provident Fund (CPF), the social security savings plan of the citizens of Singapore.
In a summary judgment delivered in November 2014, the High Court found Roy Ngerng liable for defaming the Prime Minister. Roy Ngerng was later ordered by the court to pay Prime Minister Lee SG$29,000 (approximately US$22,300) for the legal fees and related expenses incurred pertaining the application for the summary judgment. Roy Ngerng did not appeal the High Court’s decision.
“The government’s ongoing use of defamation proceedings to silence critics is a deplorable practice that undermines the rule of law. It is very concerning to see measures imposed in the region that cast a chilling effect on freedom of expression of activists and human rights defenders,” said Zarifi.
The findings in this decision are inconsistent with international standards on freedom of opinion and expression that establish that pecuniary awards should be conferred only when non-pecuniary remedies, including apology, rectification and clarification are insufficient.
Background:
Roy Ngerng maintains a blog called The Heart Truths to discuss social issues. Many of the posts on his blog advocate for more transparency in the management of the Central Provident Fund.
On 15 May 2014, Ngerng published the allegedly defamatory post on his blog. A few days later, he was asked by the Prime Minister’s lawyers to take down the post, apologize and make a written offer of damages and costs, which Ngerng did within the following five days.
Despite these actions, the Prime Minister proceeded to sue the blogger for defamation. Prime Minister Lee later applied to the High Court to enter interlocutory judgment for damages to be assessed. The court ruled in his favor.
The hearing on the assessment of damages took place from 1-3 July 2015. At the end of the hearing, the High Court directed the parties to file written submissions to address issues that were raised during the three-day hearing.
In June 2015, the ICJ submitted a legal opinion to the High Court in support of certain aspects of the defendant’s position.
Contact:
Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia, t: +668 4092 3575 ;
e: emerlynne.gil(a)icj.org
Dec 16, 2015 | E-bulletin on counter-terrorism & human rights, News
Read the 98th issue of ICJ’s monthly newsletter on proposed and actual changes in counter-terrorism laws, policies and practices and their impact on human rights at the national, regional and international levels. The E-Bulletin on Counter-Terrorism and Human...
Dec 11, 2015 | Events, News
On 10-11 December, the ICJ gathered leading jurists and human rights defenders in Harare, Zimbabwe to discuss measures needed to implement legal reform and change attitudes to eliminate sexual and gender based violence.
For International Human Rights Day (10 December), the ICJ organized high level panel discussions, chaired by ICJ Commissioner Justice Qinisile Mabuza.
Justice Mabuza, who is also a judge for the High Court of Swaziland and for the Common Market for Eastern and Southern Africa (COMESA) Court of Justice, set the tone for the discussions that followed in setting out the extent of the problem of sexual and gender based violence not only within Africa but also on a global scale.
One panel consisted of Judge Lillian Tiabtemwa-Ekrikubinza, Supreme Court Judge of Uganda; Magistrate Asha Ramlal of South Africa; Judge Lavender Makoni, High Court Judge of Zimbabwe; and Magistrate Polo Banyane from Lesotho.
This panel provided a judicial perspective from magistrates and judges from across the region, sharing their experiences and common problems encountered in tackling sexual and gender based violence in their jurisdictions.
The judges spoke about the need to adopt a gender analysis in judicial decision-making and to be conscious of the way in which pervasive gender stereotypes can influence even seemingly gender neutral decisions.
They also spoke of the practicalities in implementing domestic violence and sexual offences legislation as well as the challenges involved when this legislation does not exist.
Welekazi Stifole from Tshwaranang Legal Advocacy Centre; Kelvin Hazangwi from Padare (Men’s Forum on Gender) and Lisa Gormley, ICJ Consultant on women’s rights participated in a second panel.
The participants shared their perspectives and insights concerning reviewing legislation, identifying problems with evidence gathering, analyzing the international and regional frameworks covering gender based violence and in working with perpetrators and within communities to change cultural attitudes.
The second day of the gathering featured a consultative meeting on the ICJ’s forthcoming Practitioner’s Guide on Women’s Access to Justice for Gender-Based Violence.
ICJ expert consultant Lisa Gormley presented the Guide and participants shared their experiences in relation to its content, as well as developing strategies for its future implementation.
Representatives of civil society, judges, lawyers and law students participated in both events, contributing to a broader understanding of sexual and gender based violence issues and strengthening national and international networks of defenders of women’s rights.
Dec 10, 2015 | News
The Ambassador of the Federal Republic of Germany to Thailand and the ICJ held an event at the German Residence in Bangkok to mark Human Rights Day.
In his welcome speech, the Ambassador, Peter Prügel, stressed the importance of the protection of universal human rights which are essential for peace, long-term stability and sustainable development worldwide and referred to Germany’s long-standing support of the ICJ and its partners in Thailand.
Angkhana Neelapaijit, newly appointed Commissioner of Thailand’s National Human Rights Commission, respected human rights defender and victim of enforced disappearance then spoke about her new role and the human rights challenges currently facing Thailand.
A panel discussion on the prevailing human rights situation in Thailand then followed, which touched on a range of topics including the situation in deep South, community rights, migrants and refugees, the current legal framework, freedom of expression and assembly, the requirement to protect human rights defenders under international law and the upcoming Universal Periodic Review of Thailand by the Human Rights Council in 2016.
The panelists were:
- ICJ Commissioner, Professor Emeritus Vitit Muntarbhorn, Law Faculty, Chulalongkorn University;
- Sitthipong Chantarawirod, Chairperson of Muslim Attorney Centre Foundation;
- Pranom Somwong, Representative of Protection International Thailand;
- Somchai Homlaor, Chairperson of Cross Cultural Foundation; and
- Yaowalak Anuphan, Head of Thai Lawyers for Human Rights.
Approximately 100 members of Thailand’s civil society, the diplomatic community, the National Human Rights Commission, affected communities, academia, the United Nations, and Thailand’s Ministry of Foreign Affairs attended the event.
