Dec 10, 2019 | Multimedia items, News, Video clips
Today, the ICJ launched the animated video titled “UN Committee Recommends Socio-Economic Rights Protections in South Africa” in commemoration of International Human Rights Day, at an event sponsored in collaboration with local partner Lawyers for Human Rights (LHR).
With support from the European Union (EU), the ICJ and LHR have been jointly implementing a project promoting the protection of Economic, Social and Cultural Rights (ESCR) over the last three years.
The project included workshops co-ordinated by the ICJ and LHR on the protection of ESCR with magistrates, lawyers, paralegals and civil society organizations. As part of the project published a detailed Guide for the Legal Enforcement and Adjudication of Economic, Social and Cultural Rights in South Africa to assist legal practitioners, including magistrates, lawyers, paralegals and civil society, in understanding and applying international and domestic legal standards relating to ESCR. The ICJ also joined other local and international organizations in making submissions to the UN Committee on ESCR, which ultimately informed the Committee’s recommendations to South Africa.
During the event 10 December event in Pretoria, the LHR launched the documentary “Everyone Lies to Popo Molefe”, which tells the true story of the community’s struggle to basic services. Members of the Popo Molefe community were guests of honour at the event, which was also attended by a representative of the South African Human Rights Commission.
“If we can have roads, water and electricity… We are struggling without electricity. This situation we are living in is not good. I wish the President could see this documentary,” Popo Molefe Community Leader Kgomotso Susan Nkolisa said.
The ICJ’s animation explains in simple terms the recommendations made by the UN Committee on Economic, Social and Cultural to the government on South Africa.
These recommendations are based on the international standards and protection of the rights contained within the International Covenant on ESCR ratified by South Africa in 2015.
The animation uses illustrative examples of South Africa’s obligations under the Covenant relating to housing, education and just and equitable wages, urging viewers to hold government accountable for the implementation of the UN Committee’s recommendations.
Watch the animation
Dec 6, 2019 | Events, News
This year, the ICJ collaborated with the South African Judicial Education Institute (SAJEI) to conduct workshops aimed at strengthening the ability of judicial officers, including Magistrates, to deliver judgments in line with the Constitution and international law. The workshops focused on housing rights and informal traders’ rights.
Topics covered included the social and economic context of South Africa, the role of judicial officers in ensuring the protection of economic, social and cultural rights (ESCR) and the obligation to consider international law standards.
The workshops were conducted using the ICJ Practitioners’ Guide on ESCR and tailor-made training resources that the ICJ designed and produced with SAJEI, while the European Union and the German Institut für Auslandsbeziehungen’s Zivik programme supported the training financially.
Senior magistrate and judicial educator at SAJEI Jinx Bhoola and ICJ Legal Advisor Tim Fish Hodgson facilitated the workshops with the support of ICJ Associate Legal Advisor Khanyo Farisè.
Most of the judicial officers who participated were Magistrates.
“Ensuring effective access at a magistrates’ court level is crucial as Magistrates are the judicial officers concerned with delivering justice in the majority of cases at first instance level. Besides, the majority of people living in South Africa will rarely have the means or assistance to access justice in High Courts,” Hodgson said.
The workshops aimed to introduce the international human rights law and standards framework on social and economic rights to Magistrates.
“The hope is that Magistrates will be able to more effectively perform their functions, while drawing on international law, in cases relating to housing rights and the rights of informal traders if equipped with easily accessible resources to do so,” Hodgson added.
Adding to this, Farisè said: “There is sometimes an assumption that certain groups of individuals are excluded from the rights provided for in the Bill of Rights. It must be emphasized that international human rights law and the right to dignity in the South African Constitution apply to all”.
“When considering these cases, it’s important that judicial officers including Magistrates, have a human rights approach,” Farisè added.
The workshops were well-received. “The Magistrates engaged with energy and enthusiasm with the workshop material, confident that they will be able to ensure the enforcement of socio-economic rights and the securing of access to justice for all in South Africa,” Hodgson said.
Contact:
Khanyo Farisè, Legal Adviser, e: Nokukhanya.Farise(a)icj.org
Tim Fish Hodgson (Legal Adviser), e: Timothy.Hodgson(a)icj.org
Dec 1, 2019 | News
The ICJ, in collaboration with the Judicial Training Institute of Sierra Leone and the Judiciary of Sierra Leone, hosted a judicial dialogue for effective implementation of global, regional and sub-regional human rights standards.
The event brought together over 40 judges representing the High Courts, Courts of Appeal and Supreme Courts of the Gambia, Ghana, Liberia, Nigeria, and Sierra Leone.
The President of the Republic of Sierra Leone Julius Maada Bio, addressed the opening ceremony, stressed the critical role of the judiciary and called on the judges to remain focused and independent even in the face of unwarranted criticism.
Sierra Leone’s Chief Justice Desmond Babatunde Edwards, for his part, emphasized the duty of the judiciary to ensure that the protection of internationally guaranteed human rights is not compromised.
Other speakers at the opening ceremony were Sierra Leone’s Attorney-General/Minister of Justice Ms Priscilla Schwartz, the Chairperson of the Human Rights Commission of Sierra Leone Ms Patricia Ndanema, and the President of the Sierra Leone Bar Association Mr Basita Michael.
‘‘A core objective of the ICJ is to support the protection of human rights across the globe through the promotion of respect for the rule of law,‘‘ said Arnold Tsunga, ICJ’s Africa Regional Director. Tsunga stressed that the programme was initiated based on the ICJ’s conviction that the challenge in Africa is not necessarily a lack of human rights law and standards, but the existence of a huge gap in the implementation.
“The training sessions and judicial dialogue are important to ensure that the quality of supply meets the demand for human rights protection in Africa,” he added.
Working sessions of the event were facilitated by resources persons, including ICJ Commissioners Justice Jesmina King of the African Commission on Human and Peoples’ Rights and Professor Michelo Hansungule; Dr Chidi Anslem Odinkalu of the Africa office of the Open Society Justice Institute and Madam Hannah Forster, Executive Director of the African Centre for Democracy and Human Rights Studies.
The event was enabled through support by the European Union.
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 716405926 or +263 777 283 249: e: arnold.tsunga(a)icj.org
Solomon Ebobrah, Senior Legal Adviser (ARP), t: +234 803 492 7549, e: solomon.ebobrah(a)icj.org
Nov 26, 2019 | News
Three exceptional women – Huda Al-Sarari, Norma Ledezma and Sizani Ngubane – are the finalists for the 2020 Martin Ennals Award, a demonstration of the leading position now occupied by women in the defence of human rights. The ICJ is member of the MEA Jury.
In Yemen, Huda Al-Sarari has exposed and challenged the existence of secret prisons and many cases of torture.
In Mexico, Norma Ledezma is fighting against femicides and disappearances.
In South Africa, Sizani Ngubane is fighting for access for women to education and to land.
Three women nominated: a first
Each year, the Martin Ennals Award rewards human rights defenders from around the world who distinguish themselves by their strong commitment to promoting human rights – often at the risk of their own lives.
In 2020, for the first time the Jury nominated three women who defend the fundamental rights of their communities in sensitive contexts.
“The Martin Ennals Foundation is proud to recognize the courageous work of three women. For the 2020 edition, our Jury’s choice reflects the ever-greater global impetus of individuals – whatever their gender – who are committed to respect for human rights and women’s rights in particular,” said Isabel de Sola, Director of the Martin Ennals Foundation.
“The finalists for the 2020 Martin Ennals Award work on different continents, but all three have in common their resilience, determination, a tremendous rigour and, finally, the positive and concrete impact of their work,” added Hans Thoolen, Chairman of the Jury.
In Yemen, where the conflict has been ongoing since 2005, Huda Al-Sarari, a Yemeni lawyer, unveiled the existence of several secret detention centres where the worst violations of human rights were committed: torture, disappearances or even extrajudicial executions.
In South Africa, women face discrimination, the worst expression of which is widespread gender violence. In rural communities, they frequently have their land expropriated and are deprived of access to education and justice. Sizani Ngubane founded an organization of more than 50,000 women from rural areas in her country and has fought successfully for over 40 years for the recognition of their rights.
In Mexico, the civil population is paying a high price for the weakness of the rule of law which is underpins widespread violence and impunity. Women are the primary victims, with more than 3,500 femicides committed each year. Norma Ledezma, who is the mother of one of the victims, puts all her energy into supporting families seeking access to justice in the state of Chihuahua.
The finalists were selected by a jury made up of representatives of ten of the world’s leading human rights organizations: the ICJ, Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights and HURIDOCS.
The 2020 Martin Ennals Award will be given to one of the three finalists on 19 February 2020 at a livestreamed public ceremony. The event is hosted by the City of Geneva which, as part of its commitment to human rights, is a longstanding supporter of the Award.
Contact
Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Chloé Bitton, Communications Manager, Martin Ennals Foundation, t +41 22 809 49 25 e: cbitton(a)martinennalsaward.org
Universal-MEA2020bios-News-2019-ENG (full bios of finalists, in PDF)
Universal-MEA2020bios-News-2019-ARA (full story and bios of finalists in Arabic, PDF)
Nov 25, 2019 | Multimedia items, News, Video clips
The ICJ just launched a 15 minute documentary showing contributions by the ICJ and local human rights defenders in bringing the Sexual Offences and Domestic Violence (SODV) Act to pass in Mbabane, Eswatini.
The documentary was launched at an SODV Act media training held with the Cooperation for the Development of Emerging Countries (Cospe) and the Editor’s Forum. The training was aimed at taking a human rights-based approach to understanding the Act, following pushback from those who have expressed the view that parts of the Act are an as an affront to Swazi tradition and culture.
In an effort to combat the various challenges presented by SGBV, the Kingdom of Eswatini introduced the Sexual Offences and Domestic Violence (SODV) Act in 2018. The Act complies with its commitments under international and regional human rights law to fight the scourge of SGBV in the country.
The documentary highlights the way in which the Act is expected to be instrumental in combatting the scourge of sexual and gender-based violence, as well as areas in which it has been contested. The documentary was well-received by participants of the training and opened up an engaging dialogue about its usefulness.
The media is at the forefront of informing public discourse about the Act and it is hoped that this training provided some much-needed clarity around the Act.
Watch the documentary:
Contact
Khanyo Farisè (Legal Associate): e: Nokukhanya.Farise(a)icj.org
Shaazia Ebrahim (Media Officer): e: shaazia.ebrahim(a)icj.org
Nov 22, 2019 | News
A wide range of stakeholders in Mbabane, Eswatini came together to discuss the challenges they face in combating sexual and gender-based violence (SGBV) in the country.
On 21 November, the ICJ hosted a symposium with representatives of the Attorney General, Ministry of Justice, police, Human Rights Commission and Law Society on cases involving economic, social, and cultural rights and SGBV. The event was followed by an integrated meeting involving State officials in the justice sector to discuss the implementation of the Sexual Offences and Domestic Violence (SODV) Act was discussed.
The Kingdom of Eswatini faces widespread instances of SGBV and it is hoped that new initiatives, such the enactment of the Sexual Offences and Domestic Violence (SODV) Act in 2018, will be effective in addressing the scourge of SGBV in the country.
The symposium was led by Justice Qinisile Mabuza, Principal Judge of the Eswatini High Court and ICJ Commissioner, accompanied by ICJ Commissioners Justice Sanji Monageng of Botswana and Professor Michelo Hansugule of the University of Pretoria, and Justice of the High Court in Zimbabwe Amy Tsanga. The ICJ’s Senior International Legal Adviser Emerlynne Gil gave a presentation on gender stereotypes and international legal standards on SGBV ICJ Africa legal associate Khanyo Farisè and ICJ consultant Mary Pais Da Silva also participated in the symposium.
Speakers emphasized the critical role of the judiciary and other justice sector actors in ensuring that Eswatini meets its legal obligations under international human rights law, including standards governing the African region, to protect survivors of SGBV.
“The judiciary is a critical component in the intervention against SGBV. The judges have to know about human rights, appreciate what SGBV actually entails, understand what those violations mean, and the international standards and local roles where they exist. Judges also should be able to use jurisprudence from other jurisdictions to justify their decisions,” Commissioner Monageng said.
The participants of the symposium, were subsequently joined by representatives from the Department of Public Prosecutions (DPP), the One Stop Care Centre for sexual violence survivors, and the Deputy Prime Minister’s Office, came together to discuss the implementation of the SODV Act. Recommendations included better collaboration with judicial actors, the training of law enforcement agencies on receiving report of sexual violence, better case management and the development of forensic laboratories were made.
Contact
Khanyo Farisè (Legal Associate): e: Nokukhanya.Farise(a)icj.org
Shaazia Ebrahim (Media Officer): e: shaazia.ebrahim(a)icj.org
