Sierra Leone: ICJ convenes judicial dialogue on implementation of human rights standards in West Africa

Sierra Leone: ICJ convenes judicial dialogue on implementation of human rights standards in West Africa

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

Eswatini: ICJ launches video clip on sexual and gender-based violence

Eswatini: ICJ launches video clip on sexual and gender-based violence

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

Eswatini: ICJ hosts symposium on combating sexual and gender-based violence

Eswatini: ICJ hosts symposium on combating sexual and gender-based violence

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

Zimbabwe – ICJ, Zimbabwe Anti-Corruption Commission and National Prosecuting Authority work to strengthen capacity to tackle corruption

Zimbabwe – ICJ, Zimbabwe Anti-Corruption Commission and National Prosecuting Authority work to strengthen capacity to tackle corruption

The ICJ, in collaboration with the Zimbabwe Anti-Corruption Commission (ZACC) and the National Prosecuting Authority (NPA), convened a two-day workshop on 14-15 November 2019. The objective of the workshop was to strengthen the capacities of investigators and prosecutors to effectively investigate and prosecute cases of corruption.

The Deputy Chairperson of ZACC Mr Kuziva Murapa, noted that the training as meant to impart critical skills to the investigators and prosecutors in the fight against corruption. He noted further that the two institutions were being trained together so as to exchange knowledge and create a common understanding of standards and techniques to be applied when handling corruption matters. Noting that the Commission‘s powers include cooperation with other law enforcement agencies, Mr Murapa urged ZACC and NPA to cooperate in the fight against corruption in Zimbabwe.

The training workshop is part of the ICJ’s in-country programming which aims to increase transparency and integrity in the justice delivery in order to increase access to justice for all especially women and marginalized and disadvantaged groups.

This training workshop focuses on crimes associated with corruption, evidence gathering, expert evidence, understanding forensic audit reports, criminal procedure, the importance of closing submissions, regional and international standards for combatting corruption and asset forfeiture.

The participants for this meeting included; 20 investigating officers and 20 prosecutors stationed in Harare. Overall, there were 20 female and 23 male participants in attendance at the workshop.

South Africa: violent police action against asylum seekers and protestors must be investigated

South Africa: violent police action against asylum seekers and protestors must be investigated

The ICJ today expressed its grave concern at the conduct of police forces in their enforcement of a court order to remove refugees and asylum seekers from the offices of the United Nations High Commission for Refugees (UNHCR) in Cape Town on October 30.

Police appeared to be using excessive and unlawful force, resulting in injuries to some protestors.

 The ICJ called for a prompt independent, impartial, and through investigation into the police conduct, with a view to holding account officials responsible for any ill-treatment and to prevent such methods of policing to recur.

While trying to remove largely peaceful protestors from the premises, police fired rubber bullets and stun grenades against refugees who were protesting in the streets of Cape Town last week. A video clip widely shared on social media showed police ripped a baby from a woman.

The court had granted an interdict to remove the group in Cape Town on October 18 at the Cape Town Magistrate’s Court following an application by the building landlord to evict the group. More than 100 protestors were arrested and released on warnings.

“The way refugees were treated in Cape Town on Wednesday is shameful.  South African authorities should be acting to protect migrants from the xenophobic violence and threats they have been experiencing, not to perpetuate them,” said Arnold Tsunga, ICJ Africa regional director.

Refugees and asylum seekers had staged a sit-in outside the UNHCR offices in Cape Town and Pretoria for four weeks now, pleading to be resettled outside of South Africa, claiming that they felt unsafe. They said that recent attacks on foreign nationals left them feeling unsafe in South Africa. (Read the ICJ statement on the attacks here.)

In a statement, the UNHCR said the organization had received concerns of personal safety, access to documentation, challenges accessing services, and lack of job opportunities from the asylum seekers and refugees who had been camping outside of its offices.

The statement also indicated that some of the protesting group had demanded resettlements, which were only available for a limited number of vulnerable refugees. The UNHCR said it had been engaging with the refugees and asylum seekers since the protests began, encouraging them to participate in constructive dialogue to address their grievances and find a peaceful resolution to the situation.

“We call on South African authorities the United Nations Human Rights Council (UNHRC) to urgently address migrants’ concerns in a constructive and amicable manner before the situation escalates further,” Tsunga added.

Background

South African law and international law forbid the unnecessary and disproportionate use of force and protect people from ill-treatment. .

The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Standards provides that law enforcement officials must use restraint and may use force only where only where strictly necessary, and any such force must be proportionate to the legitimate object, such as making a lawful arrest and protecting the lives and safety of others.

South Africa is party of the African Charter of Human and Peoples Rights and the International Covenant on Civil and Political Rights, both of which guaranteed from torture and cruel, inhuman or degrading treatment, including that resulting from unlawful use of force.

Contact

Arnold Tsunga (Director):                                   c: +26 37 7728 3249  e: arnold.tsunga(a)icj.org

Shaazia Ebrahim (Media Officer):                     c: +27 71 670 6719    e: shaazia.ebrahim(a)icj.org

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