Global Geneva Forum on indigenous, traditional & customary justice

Global Geneva Forum on indigenous, traditional & customary justice

On 2-3 December 2020, the ICJ will convene the 11th annual Geneva Forum of Judges & Lawyers, on the Role of Indigenous and other Traditional or Customary Justice Systems in Access to Justice, the Rule of Law and Human Rights.

The Geneva Forum of Judges and Lawyers is an annual global meeting of senior judges, lawyers, prosecutors and other legal and United Nations experts, convened by the International Commission of Jurists (ICJ) through its Geneva-based Centre for the Independence of Judges and Lawyers.

The 8th Forum, in 2017, the 9th Forum in 2018 in Bangkok, and the 10th Forum in 2020 in Nairobi, considered the role of indigenous and other traditional or customary justice systems at the global level, as well as in the particular regional contexts of Asia and Africa.

Interim findings and recommendations were set out in the reports from the 8th, 9th and 10th Fora. The September 2019 report of the UN Special Rapporteur on the rights of indigenous peoples following her participation in the 9th Forum addressed indigenous justice..

As a reference for the Forum discussions and to assist the broader range of stakeholders, the ICJ published, and has subsequently updated, a Compilation of International Sources on Indigenous and other Traditional or Customary Justice Systems, including relevant provisions of global and regional treaties, UN and other inter-governmental declarations, and the jurisprudence and recommendations of expert Committees and Special Procedures established by treaties and the UN Human Rights Council.

The culmination of the Geneva Forum process on indigenous and other traditional or customary justice systems will be the 11th Geneva Forum on 2 and 3 December 2020, followed by publication by ICJ of a final set of global recommendations.

Due to the COVID-19 pandemic, the 11th Geneva Forum will be convened online, with participants from around the world.

Participation in the Forum is by invitation only and the Forum discussions will not be broadcast.

The concept note for the Forum may be downloaded here (PDF): GF2020 Concept Note 27-10-2020

The programme for the Forum may be downloaded here (PDF): GF2020 Programme 21-10-2020

The list of participants (subject to final confirmation) can be downloaded here (PDF): Public list of Participants_2020 ICJ Geneva Forum

For more information contact matt.pollard(a)icj.org.

The 2020 Geneva Forum of Judges & Lawyers is made possible by the support of the Republic and Canton of Geneva, Switzerland.

Photo: Traditional leaders preside over a case in B-Court, Nyang Payam, Torit County, South Sudan.  Photo Credit: UNDP South Sudan2016Angelique Reid ©2016 United Nations

Turkey: Access to Justice to Fight Impunity in Turkey – Past and Present

Turkey: Access to Justice to Fight Impunity in Turkey – Past and Present

The International Commission of Jurists and the Human Rights Joint Platform (IHOP) invite you to a conversation on the past and current situation of the fight against impunity in Turkey with eminent international and Turkish expert.

Registation is on a first come first served basis by writing to: ihop@ihop.org.tr

Join our speakers:
– Juan Mendez, former UN Special Rapporteur on Torture
– Wilder Taylor, Former Secretary-General of ICJ and chair of Uruguary NPM
– Luciano A. Hazan, Member of the UN Working Group on Enforced and Involuntary Disappearance
– Melis Gebeş, Lawyer, Truth Justice and Memory Center:
– Feray Salman, General Coordinator of Human Rights Joint Platform

IHOPICJ-ZoomConference-ImpunityTurkey-Agenda-2020-ENG (download the agenda in English)

IHOPICJ-ZoomConference-ImpunityTurkey-Agenda-2020-TUR (download the agenda in Turkish)

The event is part of the REACT project: implemented jointly by ICJ and IHOP, this project seeks to support the role of civil society actors in turkey in ensuring effective access to justice for the protection of human rights. This project is funded by the European Union. The views expressed in the event do not necessarily reflect the opinion of the EU.

Sri Lanka: newly adopted 20th Amendment to the Constitution is blow to the rule of law

Sri Lanka: newly adopted 20th Amendment to the Constitution is blow to the rule of law

The ICJ today condemned the adoption of amendments to the Sri Lankan Constitution, which serve to expand the powers of the President, while encroaching on the powers of the parliament and courts.

The 20th Amendment to the Constitution was passed into law on 22 October, with 156 of the 225 parliamentarians voting in favour of the amendment, after a mere two-day debate, overruling the Opposition’s request for at least four days of deliberation.

The ICJ noted that the Amendment undoes most of the reforms brought about by the 19th Amendment adopted only in 2015. Critically, it introduces judicial appointment procedures which are incompatible with principles of the justice by reintroducing the Parliamentary Council, consisting only of political actors.

That body serves to merely advise the President, regarding appointments to the judiciary and other key public institutions.

The 20th amendment gives the President sole and unfettered discretion to appoint all judges of the superior courts. Under international standards, appointments to the judiciary should not be vested solely with the executive.

Given the gravity of the constitutional changes, the ICJ expressed regret that the Government had suspended Standing Order 50 (2), which requires every bill to be referred to the relevant Sectoral Oversight Committee for consideration prior to being debated in parliament.

“It is appalling that Constitutional amendments with such far reaching consequences on the constitutional governance of the country were rushed through in such haste, especially at a time Sri Lanka battles with its largest COVID-19 outbreak to date,” said Ian Seiderman, ICJ’s Legal and Policy Director.

The ICJ welcomes the alteration made to some of the problematic provisions of the 20th Amendment Bill during Committee Stage, particularly in relation to presidential immunity and the time period within which the president can dissolve Parliament.

The ICJ nonetheless is particularly concerned with the decision of the Minister of Justice to introduce entirely new provisions at Committee Stage, particularly in relation to the increase of the number superior court judges. The Supreme Court Bench will be increased from 11 to 17 and Court of Appeal from 12 to 20. These substantive amendments were not part of the gazetted 20th Amendment bill, the provisions of which were challenged before the Supreme Court by as many as 39 petitioners.

“While an increased number of judges may reduce court delays and expedite the judicial process, introducing substantive amendments such as this at Committee Stage is problematic at multiple levels,” Seiderman added.

“Sneaking in substantial changes at the last stage of the legislative process where there is no opportunity for public comment or judicial review is not consistent with democratic processes under the rule of law.”

Nigeria: violent and lethal use of force against #EndSARS protestors must cease and officials responsible brought to justice

Nigeria: violent and lethal use of force against #EndSARS protestors must cease and officials responsible brought to justice

The ICJ and Lawyers Alert today called on the Nigerian authorities to undertake immediate independent and thorough investigations into credible allegations of extrajudicial killings by the military responding to mass protests against the SARS police unit.

Those responsible for criminal conduct must be brought to justice and held to account, the two organizations said.

The authorities must respect their international legal obligations under international law and cease the unlawful, unnecessary and disproportionate use of force in response to Nigerians’ lawful protest actions.

Protest actions have escalated over the last two weeks as Nigerians have staged a series of protests under the #EndSARS movement. Thousands of people joined the demonstrations, demanding an end to police brutality and corruption.

Reports confirm that more than 56 people have died over the two weeks of protest actions, including 38 protesters who were killed, on the 20 October alone, as a result of the Nigerian military opening fire on thousands of peaceful protesters.

“The right to peaceful assembly is guaranteed under international law, including the International Covenant of Civil and Political Rights (ICCPR) which Nigeria has acceded to. Nigeria’s brutal responses to the peaceful demonstrations, including the use of lethal force on force protestors, not only violates this right but also their right to life,” said Kaajal Ramjathan-Keogh, ICJ Africa Regional Programme Director.

Lawyers Alert Executive Director Rommy Mom said: “The Nigerian government’s responses to the protests have undermined the rule of law. Groups and persons should not be afraid to approach the Judicial Panels of Inquiry to lay their grievance towards identification of culpable SARS officers for appropriate sanctions and the compensation of victims.” The organizations recall that under international law, the use of lethal force by law enforcement officials is permissible only when strictly necessary to protect life.

Police in the SARS unit are credibly alleged to be responsible for a widespread practice of torture and other serious human rights violations.

In addition to ending these violent attacks on protestors, the ICJ and Lawyers Alert call on  the Nigerian government to address the demands of protestors and embark on comprehensive reform of the police, with emphasis on oversight functions, tethering oversight to civil society groups, the National Human Rights Commission and the constitutional oversight body of the Nigeria police.

“These protests have gained momentum outside Nigeria and have extended beyond the local borders to Ghana, United Kingdom and South Africa. The world’s attention is currently on Nigeria, as the global support for protestors rise amidst further police brutality. The Nigerian government must ensure that it respects and protects the human rights of all in accordance with its obligations under international law,” added Ramjathan-Keogh.

Background

Founded in 1992, the Special Anti-Robbery Squad (SARS) was mandated to “investigate cases involving armed robbery and kidnapping”. However, since its inception, there have been widespread complaints by Nigerians about the conduct of SARS  This year Amnesty International issued  a report, documenting at least 82 cases of torture, ill treatment and extra-judicial execution by SARS during the period of January 2017 and May 2020

In addition to the ICCPR, Nigeria is party to the UN Convention against Torture and the African Charter on Human and Peoples’ Rights (African Charter), which guarantees the right to life under Article 4 and the right to assemble freely with others under Article 11. These rights are also respectively protected under sections 33(1) and 40 of the Nigerian Constitution.

Article 6 of the ICCPR prohibits the arbitrary deprivation of life.

Principle 9 of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials affirm that:

Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.

Contact

Kaajal Ramjathan-Keogh, Director of ICJ’s Africa Regional Programme, c: +27845148039, e: kaajal.keogh(a)icj.org

Tanveer Jeewa, Communications Officer, tanveer.jeewa(a)icj.org

Homepage photo credit: Tshwanelo Mathwai

ICJ calls on States to act seriously and purposefully towards progress in business and human rights treaty negotiations

ICJ calls on States to act seriously and purposefully towards progress in business and human rights treaty negotiations

As the sixth session if the Open-Ended Intergovernmental Working Group (OEWG) working on a draft treaty convenes, the ICJ welcomes the Revised Draft treaty and calls on States to work to overcome political obstacles an make substantial progress towards completing its work on this much needed treaty.

The session, which takes place from 26 to 30 October, has before it a second Revised Draft of a Legally Binding Instrument, presented by the Chairmanship of the OEWG. The ICJ welcomes this draft as a very good basis for negotiations, though it considers that certain provisions still require revision and refinement.

The session takes place in the difficult and uncertain backdrop of the COVID-19 pandemic, with its serious impacts on human rights such as the right to health and strains on the capacity of States and society to tackle its consequences.

The ICJ is especially concerned at the adverse impact of the restrictions imposed on civil society participation deriving from the rules adopted by the UN for the holding of meetings, while at the same time understanding that meetings cannot be held in the normal manner particularly given the recent increase of COVID cases in Geneva.

In general and with some exceptions, the Second revised Draft LBI reflects changes in the text, structure and organization of the draft articles that improve its potential to serve as an effective protective instrument, as well as increase its overall coherence. The ICJ considers the second Revised draft as a good starting point for negotiations which states should engage into without further delay.

Universal-ICJ comments on BHR treaty 2-Advocacy-2020-ENG (full statement in PDF)

Turkey: 2nd politically motivated trial for rights defender Osman Kavala

Turkey: 2nd politically motivated trial for rights defender Osman Kavala

A new bogus indictment against human rights defender and businessman, Osman Kavala, and US academic, Henri Barkey, for allegedly spying and attempting to overthrow Turkey’s constitutional order is politically motivated and bereft of legal credibility, Human Rights Watch and the ICJ said today.

The indictment, alleging the two were involved in the July 15, 2016, attempted military coup, demonstrates Turkey’s blatant refusal to abide by a European Court of Human Rights judgment, finalized in May 2020, which ordered Kavala’s release, and not only prolongs ongoing violations of his rights but gives rise to new ones.

An Istanbul court on October 8 accepted the indictment and has scheduled a first trial hearing against Kavala, who was been in Istanbul’s Silivri Prison since November 2017, and Barkey, who lives in the US, for December 18.

“The new case against Osman Kavala and Henri Barkey demonstrates the Turkish authorities’ flagrant misuse of the courts for political ends and their fundamental disregard for the basic principles of criminal justice,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch.

“Defying the European Court of Human Rights order to release Kavala has confirmed the Court’s conclusion that Turkey is using detention and prosecution to silence a human rights defender.” 

The 64-page prosecutor’s indictment, dated September 28, accuses Kavala and Barkey of “securing for purposes of political or military espionage information that should be kept confidential for reasons relating to the security or domestic or foreign policy interests of the state” (under Turkish Penal Code article 328), punishable with up to 20 years in prison, and “attempting through force and violence to overthrow the constitutional order of the Republic of Turkey or introduce a different order or prevent this order” (article 309), punishable with life in prison without parole.

The indictment recycles unsubstantiated accusations, which previously circulated in the pro-government Turkish media, that Kavala and Barkey were involved in espionage and in the 2016 attempted military coup. The indictment provides no credible evidence linking them with any criminal activities. (Further details about the content of the indictment are provided below.)

In a December 2019 judgment, which became final on May 11, the European Court of Human Rights ruled that the evidence on which Kavala was detained for the Gezi protests and the 2016 coup attempt was insufficient and agreed that Kavala’s detention and the charges against him “pursued an ulterior purpose, namely to silence him as a human rights defender.”

On September 3, the Council of Europe Committee of Ministers, acting in its supervisory capacity for the implementation of European Court judgments, issued a decision ordering the Turkish government to ensure Kavala’s release, pointing to “a strong presumption that his current detention is a continuation of the violations found by the Court.”

On September 29, pro-government media reported that the Istanbul prosecutor’s office had prepared the new indictment against Kavala and Barkey. On the same day, Turkey’s Constitutional Court postponed its review of Kavala’s application regarding the legality of his continuing detention, which had been scheduled for that day.

On October 1, the Council of Europe Committee of Ministers issued a second decision calling on Turkey to ensure Kavala’s immediate release, expressing “deep concern that the applicant has still not been released” and announcing that an interim resolution would be issued at the Committee of Ministers’ December 1-3 session if Kavala had not yet been released.

“Turkey is bound by the ruling from European Court to free Kavala immediately, and the ruling covers his detention under the latest case against him,” said Roisin Pillay, director of the ICJ Europe and Central Asia Programme.

“The new indictment presents no new grounds to justify his detention, and it is imperative that Turkey ends the persecution campaign against him by releasing him and dropping all charges.”

For more Human Rights Watch reporting on Turkey, please visit:
http://www.hrw.org/europecentral-asia/turkey

For more ICJ work on Turkey, please visit:
https://www.icj.org/search/?fwp_search=Turkey&submit=Search

Contact
Massimo Frigo, Senior Legal Adviser, ICJ Europe and Central Asia Programme, t: +41-22-979-3800; e: massimo.frigo(a)icj.org

Turkey-Kavala case-News-press release-2020-ENG (story with additional information, in PDF)

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