Oct 2, 2013 | Events
The ICJ today welcomed the launch of the OSCE/FBA Handbook for Monitoring Administrative Justice as a tool able to contribute to the open administration of justice.
Noting that trends throughout the world see administrative cases dealt with in a manner that lacks transparency and fails to comport with the open administration of justice, the ICJ expressed the hope that the tool will be used by practitioners and officials to make an impact on the ground. The ICJ pointed to several reasons why the open administration of justice, in all forms of proceedings, is important to human rights and the rule of law:
- As a starting point, it is widely recognised, including by the UN Human Rights Committee in its General Comment on the right to a fair trial, that the open and transparent administration of justice is an important safeguard for the interests of both the individual and society at large.
- The conduct of administrative and other proceeds in an open and transparent manner helps to ensure the integrity of such proceedings and protect against potential abuse.
- Publicly accessible documentation, including timely and reasoned decisions, protects individuals from being subject to arbitrary decisions.
- Transparency and openness contributes to accountability by enabling parties to determine the viability of any appeal or review, including the possibility of taking a case to regional or international mechanisms.
- In all these ways, the open administration of justice also helps guarantee the right of individuals and society to access justice, including remedies and reparation.
The Handbook is a publication arising from a joint initiative of the Folke Bernadotte Academy (FBA) Rule of Law Unit and the OSCE Office for Democratic Institutions and Human Rights. Work began on the Handbook in May 2011. The ICJ participated in expert meetings on the development of the Handbook in 2011 and 2012.
OSCE/FBA Handbook for Monitoring Administrative Justice
Jun 12, 2013 | Agendas, Events
On Tuesday 11 June 2013, the ICJ convened a parallel event, organised with the Geneva Academy of International Humanitarian Law and Human Rights, during the Human Rights Council’s 23rd regular session held in Geneva.
The event, held in Room XXV of the Palais des Nations, discussed how human rights will be promoted by the Arms Trade Treaty (ATT), including ways to ensure compliance with the ATT and the relevance of the treaty for activities of the Human Rights Council and international human rights experts. The event was chaired by Alex Conte, Director of the ICJ’s International Law and Protection Programmes. Panelists were Simon Bagshaw, Senior Policy Adviser for the UN Office for the Coordination of Humanitarian Affairs; Professor Andrew Clapham, Director of the Geneva Academy of International Humanitarian Law and Human Rights; and Dr Stuart Casey-Maslen, Head of Research at the Geneva Academy of International Humanitarian Law and Human Rights.
Simon Bagshaw provided a background to the treaty from a humanitarian perspective, recognising that the ATT provides an opportunity to address some of the humanitarian impacts and costs of the arms trade. He also stressed the importance of specific elements within the treaty, such as the obligation to refrain from authorising the transfer of weapons where a substantial risk exists that this may result in serious violations of international human rights law or international humanitarian law.
Andrew Clapham and Stuart Casey-Maslen focussed on the human rights perspective. Professor Clapham promoted the use of mechanisms such as the Human Rights Council and its Universal Periodic Review to assist in implementation of the treaty. Dr Casey-Maslen discussed areas that may help ratification, implementation and monitoring of the ATT, including the role of civil society in that regard.
Several questions were raised during discussions concerning how the treaty would work in practice and its broader implications for non-State actors. Panellists confirmed that the ATT includes the facilitation of crimes as enumerated in the treaty and may also cover domestic crimes of terrorism. Since the ATT does not provide for the establishment of fact-finding missions, it was emphasised that civil society will need to act to monitor compliance with the ATT. Panellists also pointed out the important role of the treaty regarding the conduct of non-State actors. Although the treaty sets out obligations for States only, States parties will be responsible for providing licensing to arms manufacturers and private companies working within the weapons industry.
UN HRC-Arms Treaty side event flyer-event-2013 (event flyer in pdf)
Jun 10, 2013 | Agendas, Events
On Friday 7 June 2013, the ICJ convened a parallel event during the Human Rights Council’s 23rd regular session held in Geneva.
The event, held in Room IX of the Palais des Nations, addressed key issues concerning past and present challenges to the rule of law in Zimbabwe in the context of the upcoming elections and the need for the international community to remain vigilant about the necessity for free, fair and peaceful elections in the country. The event was chaired by Martin Okumu-Masiga, Deputy Director of the ICJ’s Africa Regional Programme. Panelists were MacDonald Lewanika, Director of Crisis Coalition; Okay Machisa, Director of the Zimbabwe Human Rights Association; and Irene Petras, Executive Director of Zimbabwe Lawyers for Human Rights.
Zimbabwe is scheduled to hold general elections before the end of 2013. Past elections in the country have been marred by violence and attacks on human rights defenders and the rule of law more generally. In the period leading to the 2013 elections, there have been several incidents of crackdown on political dissents and independent voices. The impunity enjoyed by past and current perpetrators electoral violence has continued to exacerbate fears for the integrity, peaceful conduct and fairness of the upcoming elections.
Zimbabwe-HR Council side event on elections in Zimbabwe-event-2013 (event flyer in pdf)
ICJ draws attention to risks of violence in the forthcoming general elections in Zimbabwe
May 31, 2013 | Agendas, Events
Some 30 judges from the highest national courts from 16 countries in Asia and the Pacific will meet in Bangkok, Thailand on 2-4 June to discuss the role of the judiciary in the AIDS response.
The meeting is convened by the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Development Programme (UNDP) and the ICJ as part of efforts to address concerns that legal environments, including laws and policies, law enforcement practices and access to justice across the Asia and the Pacific do not consistently protect people most at risk of HIV infection and those living with HIV from violations of their human rights including health, privacy, non-discrimination and freedom from violence.
The judges’ discussions will be supported by experts and resource people from communities living with HIV, representatives of sex workers and men who have sex with men, people who use drugs and transgender people and United Nations entities.
The ICJ has always believed that an independent judiciary is essential in delivering justice to vulnerable populations, including those living/infected with HIV.
As Mr. Sam Zarifi, Regional Director for Asia and the Pacific, said: “The judiciary has a crucial role to play in establishing a legal environment that assists the struggle against the spread of HIV. In Asia and the Pacific, those most at risk of contracting HIV are often among those with the least access to justice. An independent judiciary can help protect at-risk populations from discriminatory laws, negative stereotypes, and misguided policies.”
May 30, 2013 | Agendas, Events
The event will be held Friday, 31 May 2013, from 16.00 to 18.00, in Geneva, Palais des Nations, Room XXVII. It marks the 5th anniversary of the HR Council adoption of the Framework “Protect, Respect and Remedy”.
It also promotes the publication of the ICJ Report on “Corporate complicity in international crimes”. It will highlight the fact that the business and human rights agenda in the Human Rights Council remains unfinished, especially in the critical areas of access to justice and accountability, as well as the need for bold Council action to provide States and other actors with the necessary tools to ensure remedy and justice to victims of serious human rights abuses committed by or with the complicity of corporations in home and host countries.
HR Council-UN SIDE EVENT Business-Event-2013 (full text in pdf)
May 30, 2013 | Agendas, Events
On Wednesday 29 May 2013, the ICJ co-sponsored a parallel event with Human Rights Watch and other NGOs during the Human Rights Council’s 23rd regular session held in Geneva.
The event, held in Room IX of the Palais des Nations, addressed key issues concerning the independence of judges and lawyers within the Russian Federation. The event was chaired by Róisín Pillay, Director of ICJ’s Europe Programme. Panelists were Gabriela Knaul, the UN Special Rapporteur on the independence of judges and lawyers; Tamara Morshchakova, ICJ Commissioner and former Deputy Chair of the Russian Consitutional Court; and Karinna Moskalenko, ICJ Commissioner and founder of the International Protection Centre.
