Dec 1, 2014 | News
The ICJ expresses deep concern that the Legislative Assembly of Bolivia continues to threaten three Constitutional Court judges with removal, and possibly criminal punishment, based solely on legislators’ disagreement with a legal opinion and ruling issued by the judges.
A “trial” of the three judges conducted by the Senate is scheduled to begin on 4 December 2014.
The ICJ has previously condemned the proceedings as fundamentally flawed and in violation of international standards for the independence of judges.
The legislature and government now appear to accept some of the ICJ’s criticisms.
Last-minute legislative amendments would apparently specify that the legislative assembly process is disciplinary in character and that the only sanction the assembly can directly impose is permanently to remove judges from office; if a disciplinary violation is found, the case would be referred onward for criminal prosecution before the ordinary courts. (Legislators were previously reported to be seeking for the Senate itself to impose a sentence of 10 years’ imprisonment.)
The ICJ reaffirms, however, that the case against these three judges remains inherently flawed because the allegations on which the proceedings are based cannot be a valid basis for any removal from office or criminal punishment.
“It is fundamental to the independence of the judiciary, and the rule of law, that judges must be able to decide cases without fear of punishment for their legal opinions and rulings, including those that the government or legislature may not like,” said Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ.
“The procedural amendments under consideration could be an improvement for other kinds of cases in the future,” said Pollard. “However, the stated reason for pursuing these three judges – disagreement with the content of their legal opinion and ruling – cannot form a valid basis for their removal from office or criminal punishment under any procedure.”
“The case against these three judges cannot be cured by legislative ‘quick fixes’ and must simply be dropped immediately,” Pollard added.
The ICJ is also concerned that the legislature has said it will press ahead immediately with the “trial” on 4 December, a few days from now, while fundamental changes to the procedure are still underway.
Further, the media has reported that Chamber of Deputies President Marcelo Elío has stated that the judges could avoid trial by “voluntarily” resigning before 4 December.
It would be unacceptable to use the threat of unjust or unclear procedures to pressure a judge to resign.
The ICJ welcomes the decision by the legislature to review and potentially reform judicial accountability procedures in Bolivia.
At the same time, reform of procedures that are of such fundamental importance to the rule of law and democracy should be based on a process of broader consultation with all concerned stakeholders, and more considered, comprehensive and detailed assessment and analysis in relation to international standards.
For instance, under the new amendments, it would appear that the Senate (photo) has no option in any case to impose a disciplinary penalty less than permanent removal from office, even if this would be disproportionate.
Placing all responsibility for disciplinary proceedings with an independent Judicial Council should also be considered.
In October, the ICJ sent an open letter and analysis brief to members of the Legislative Assembly, explaining why the proceedings violate international law and standards, urging that proceedings against the three judges immediately be ended, and recommending a process of longer-term reform of judicial accountability processes in Bolivia.
Contact:
English: Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ, t: +41 79 246 54 75; e: matt.pollard(a)icj.org
Spanish: Carlos Ayala, ICJ Commissioner, t: +58 212 952 8448; e: carlos.ayala(a)icj.org
Bolivia-Procedimento magistrados-News-Press Release-2014-SPA (full text in PDF)
(Update: the proceedings were suspended on 4 December, and are to continue on 9 December)
Nov 19, 2014 | Events, News
On 18 November, the ICJ presented and discussed, in a meeting at the European Parliament in Brussels, its two reports on special economic regimes and their impact on social rights in Peru and Morocco.
MEP Richard Howitt, Member of the Subcommittee on Human Rights at the Parliament, and ICJ Commissioner Olivier De Schutter led the discussions.
The reports highlight the impact on rights, including labour and social security, land and water rights, of special economic regimes that aim at facilitating exports and investment in areas such as agriculture and textile.
The meeting enabled discussion of the role that the EU and its member states can and should play in its general dialogue and cooperation with the two countries, particularly in regard to trade relationships and agreements and also the regulation of the EU based business enterprises benefiting from these special regimes.
The presentation of the ICJ research and reports comes at an important moment in the relationships of the EU with both Peru and Morocco.
As to the latter, the ICJ report will feed into the Human Rights dialogue between the Subcommittee on Human Rights of the European Parliament and Morocco that is taking place today in Brussels.
Reports:
Peru-Social Rights for Export Promotion-Publications-thematic report-2014-ENG (Full report in English – PDF)
Peru-Regimenes especiales exportacion-Publications-thematic report-2014-SPA (Full report in Spanish – PDF)
Morocco-Droits sociaux et regimes speciaux-Publications-thematic report-2014-FRE (Full Report in French – PDF)
Contacts:
Carlos Lopez, Senior Legal Advisor, Business and Human Rights Programme, t +41 22 979 3816, carlos.lopez(a)icj.org
Sandra Ratjen, Senior Legal Advisor, Economic, Social and cultural Rights Programme, t +41 22 979 3835, sandra.ratjen(a)icj.org
Oct 7, 2014 | Multimedia items, News, Video clips
Alejandra Ancheita, founder and Executive Director of ProDESC, is one of the pioneers in seeking accountability for transnational companies in Mexican courts when local communities’ rights are not taken into account.
Alejandra Ancheita has worked with migrants, workers, and indigenous communities for over 15 years to protect their land and labour rights vis a vis transnational mining and energy companies.
These disputes have included violent attacks on those she is trying to protect.
In Mexico, there is a clear pattern of attacks, threats, criminalization, and murders of human rights defenders.
Alejandra Ancheita and ProDESC have been subjected to surveillance, a defamation campaign in the national media, and a break in at their offices.
“This recognition calls attention to the increasing violence being suffered by human rights defenders in Mexico, particularly women defenders,” she said. “I hope that it will provide better conditions and increased security not just for me, but for all human rights defenders in my country.”
“The ICJ is extremely pleased by the decision to pay tribute to the work of Alejandra Ancheita, not only because of her outstanding commitment and courage as an individual, but also because of the recognition that this award will provide to the area of human rights work that she has been dedicating herself to for many years,” said Olivier van Bogaert, ICJ Director of Media and Communications, and ICJ Representative on the MEA Jury.
The ICJ which also developed a longstanding work on economic, social and cultural rights, and on business and human rights, will devote the 2014 edition of its Geneva Forum for judges and lawyers to the role of courts in protecting economic, social and cultural rights.
The two other finalists, Cao Shunli (China) and Adilur Rahman Khan (Bangladesh), received Martin Ennals Prizes.
Cao Shunli, who died in in detention in March 14th after being denied medical attention for known health conditions had vigorously advocated for access to information, freedom of speech, and freedom of assembly.
She disappeared in September 2013 shortly before boarding a flight order to participate in the Human Rights Council.
Chinese authorities only acknowledged her detention months later.
A special foundation is planned in her honor.
Since the 1990’s, Adilur Rahman Khan worked on a wide range of human rights issues, such as illegal detention, enforced disappearances, and extra-judicial killings.
Personally he is facing criminal prosecution for documenting the extrajudicial deaths of 61 people during demonstrations against the government.
His organization, Odhikar, is one of the few independent voices left in Bangladesh.
It is facing closure as donor funds destined for Odhikar are being blocked by the Prime Minister’s Office.
The “Nobel Prize of Human Rights”, the Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
Strongly supported by the City of Geneva, the award is given to Human Rights Defenders who have shown deep commitment and face great personal risk. Its aim is to provide protection through international recognition.
The Jury is composed of the following NGOs: ICJ, Amnesty International, Human Rights Watch, Human Rights First, Int’l Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights, and HURIDOCS.
Contact:
Michael Khambatta, Director Martin Ennals Foundation, t: +41 79 474 8208, e: khambatta(a)martinennalsaward.org
Olivier van Bogaert, ICJ Director of Media and Communications, and ICJ Representative on the MEA Jury, t: +41 22 979 38 08, e: olivier.vanbogaert(a)icj.org
Multimedia gallery:
Livestreaming of the Martin Annals Award 2014 Ceremony
Alejandra Acheita film:
Cao Shunli film:
Adilur Rahman Kahn film:
