May 30, 2019 | News
On May 29 2019, the ICJ facilitated a workshop with a number of justice sector officials and stakeholders who are active in the implementation of the Sexual Offenses and Domestic Violence Act (SODVA).
Building on previous engagements in 2018 and 2019, the participants decided on a clear plan of action for further coordination towards the eradication of sexual and gender based violence (SGBV) in Eswatini.
Participants in the meeting included representatives from the Office of the Director of Public Prosecutions, the Office of the Deputy Prime Minister, the police, correctional services, the judiciary and the Medical and Dental Association of Eswatini.
The meeting, was opened by ICJ Commissioner and Principal Judge of the High Court of Eswatini, Justice Qinisile Mabuza.
“For too many years, the clamour for this law has been loud; now that we have it, we have to interrogate how efficiently we are using it and check for the gaps that we need to address. Its implementation is in our hands, and we cannot allow ourselves to fail those that need our protection; we cannot fall foul of failing in our duty,” said Judge Mabuza.
A draft report, commissioned by the ICJ, was presented by Nonhlanhla Dlamini, the Director of Swaziland Action Group Against Abuse (SWAGAA).
The report, provided participants with a contextual analysis of challenges faced by survivors of SGBV in accessing the justice system in Eswatini.
ICJ Legal Adviser Timothy Fish Hodgson discussed key provisions of the SODV Act and the need for their interpretation and application consistently with the Convention on the Elimination of Discrimination Against Women.
SWAGAA’s draft report revealed that despite the enactment of the SODV Act significant barriers to access to justice for survivors of SGBV remain.
These include:
- Underreporting of SGBV;
- Stereotyping and discrimination faced by survivors when reporting;
- Partial application of SODV Act due to lack of knowledge on the part of key justice sector actors;
- Under-resourcing, lack of infrastructure and services presupposed by SODV Act which prevents full implementation;
- Continued stereotype-driven assumptions made by courts despite the outlawing of such approaches in the SODV Act;
- Lack of due diligence in the collection of medical evidence;
- A perception on the part of survivors that perpetrators are better taken care of in the prosecution process than survivors; and
- A growing and inaccurate perception of the SODV Act and its purposes, which has been facilitated by misleading media reports.
Participants made practical recommendations of how challenges could be addressed in their particular environments. Stressing the need to ensure continued collaboration and momentum in the implementation of the SODV Act, ICJ Africa Director Arnold Tsunga observed that: “Whether this process actually builds towards better protection from SGBV for the marginalized in Eswatini and the SODV Act’s impact is dependent on how participants in this platform and other officials are able to adopt practical measures and implement them effectively.”
May 13, 2019 | Human Rights Council, News, Work with the UN
The ICJ has joined with more than 35 other international and African NGOs, calling on states to address the ongoing deterioration of the human rights situation in Tanzania, at the upcoming session of the UN Human Rights Council in June.
Read the letter here.
Apr 10, 2019 | News
Today, the ICJ and the CORE Coalition welcomed the decision of the United Kingdom Supreme Court to allow a complaint to proceed against Vedanta Resources Plc and its Zambian subsidiary Konkola Copper Mines (KCM), alleging serious harm from extraction activities in Zambia.
The damage to health and livelihood was allegedly caused to local communities living in the Chingola District by the discharge of toxic waste from the Nchanga Mine operated by KCM.
The companies challenged the jurisdiction of the UK courts to hear the complaint for negligence and breach of statutory duty, saying there was no case against them arguable in a UK court and, in relation to KCM, that Zambia was the proper forum where any case would have to be heard.
The judgment, confirming the decision of lower courts, dismissed the appeal by the companies, allowing the case to now proceed to trial on the merits. The ICJ and CORE Coalition acted as interveners in the case.
“Today’s Supreme Court decision will make it possible for the Zambian claimants to find justice, even so long after events took place,” said ICJ Senior Legal Adviser Carlos Lopez.
“The ruling makes clear that, from available evidence at this stage, it is arguable in trial that a parent company like Vendanta owes a duty of care in relation to people living in the vicinity of their subsidiaries and this decision will have important implications to similar cases concerning parent company duties around the world,” said Lopez.
Although access to justice for alleged victims harm from subsidiaries of parent companies has been elusive, the UK Supreme Court clarified that the principles applicable to these cases were “not novel at all.”
“Many other victims face insurmountable hurdles in their efforts to hold companies to account. The case is a reminder of the urgent need for legislation to require companies to take action to prevent human rights abuses, and to make it easier to hold them to account when they fail to do so,” said Marilyn Croser, Director of CORE.
The judgment regarded published material in which Vedanta fairly asserted assumption of responsibility for the maintenance of proper standards of environmental control over activities of its subsidiaries. The Court said that this was “sufficient on their own to show that it is well arguable that a sufficient level of intervention by Vedanta in the conduct of operations at the Mine may be demonstrable at trial.”
Today’s Supreme Court judgment also made clear that Zambian courts could not be necessarily relied on to address claims against KCM and that there was a real risk that the claimants would not obtain “substantial justice” in Zambia.
Contact:
Marilyn Croser, Director CORE Coalition, t: + 44 203 752 5712
Carlos Lopez, Senior Legal Adviser, ICJ, t: + 41 22 9793816
Mar 28, 2019 | News
Today, the ICJ launched a project at Zimbabwe Ezekiel Guti University intended to assist with legal services to those in need in Bindura.
The legal aid clinics project, which is supported by the European Union, is aimed at improving access to justice in Zimbabwe while also providing an opportunity for students to develop critical skills that will enhance their work as legal practitioners.
Speaking at the launch, the Ambassador of the European Union Delegation to the Republic of Zimbabwe, Timo Olkkonen commended the University for being socially responsive to the community surrounding it.
He remarked, “in these difficult economic conditions, more people than before are finding it difficult to afford legal representation. This in turn negatively impacts on the protection of their constitutional rights. The establishment of the legal aid clinic will address this.”
Professor Chingarande-Mutanga, the Vice Chancellor of Zimbabwe Ezekiel Guti stated that, “The establishment of the legal aid clinic is a special innovative hub with the idea to develop a practical and professional who is well rounded and able to provide solutions to the legal challenges faced by the community.”
Arnold Tsunga, ICJ’s Africa Regional Director, remarked that “this initiative supports the full implementation of the Constitution and promotes equal access to justice for all through addressing the needs of those in disadvantaged in their capacity to obtain needed legal services.”
The launch was attended by the Mayor for Bindura, Carlos Tokyo, the Executive Secretary of the Law of Society, Edward Mapara, representatives from the Judicial Service Commission, students, and other residents of Bindura.
Contact
Brian Penduka, t: +263772274307 ; e: brian.penduka(a)icj.org
Elizabeth Mangenje, t: +263774742420 ; elizabeth.mangenje(a)icj.org
Mar 20, 2019 | News
Today, the ICJ launched a legal aid clinic project in collaboration with Great Zimbabwe University, Herbert Chitepo Law School to help facilitate the establishment of a legal aid clinic at the University’s Mucheke campus.
The clinic is located at the Mucheke Campus of University in a high-density suburb in Masvingo, thereby making the services offered by the legal aid clinic more accessible for persons from disadvantaged or marginalized groups in the community.
The project, supported by the European Union, aims to improve access to justice for communities by offering free legal assistance at the University legal aid clinic, while also providing an opportunity for students to develop critical skills that will enhance their work as legal practitioners. The activity is part of a wider initiative to develop and improve University legal aid clinics in Zimbabwe.
Arnold Tsunga, the ICJ Africa Regional Director, remarked that the launch of the legal aid clinics is a building block towards greater access to justice for the people of Zimbabwe and a positive step towards attainment of SDG 16 which speaks to the importance of peace, justice and strong institutions.
Francisca Midzi, a representative of the European Union delegation to Zimbabwe, stated in her remarks that “as the law students encounter real legal problems faced by the people, [the initiative] will teach them to have a social and professional responsibility to pursue justice in society. Herbert Chitepo Law School is injecting and inculcating a spirit of service in their students and they will carry it wherever they go to practice law and gradually this will transform Zimbabwe’s legal system to be more concerned about a court user who has limited knowledge and means to fully access justice.”
Professor R.J. Zvobgo, the Vice Chancellor of Great Zimbabwe University, commended this milestone achievement and stated that it provides an opportunity for the students to give back to the community by improving the ability of persons from affected groups to access justice.
“The free legal aid assists in eradicating the notion that a university is an ivory tower, divorced from the realities of the community in which it is located,” he said.
Contact:
Brian Penduka, e: brian.penduka(a)icj.org, t: +263772274307
Elizabeth Mangenje, e: elizabeth.mangenje(a)icj.org, t: +263774742420
Mar 19, 2019 | News
The ICJ in partnership with the National Prosecuting Authority (NPA) convened a two day training workshop to build the capacity of Chief prosecutors and Senior management to effectively investigate corruption cases.
The training workshop took place at the Wild Geese Lodge, Harare on 18 – 19 March 2019.
The new government under President Mnangagwa, saw a shift in government priorities evidence of this is the launch of the Transitional Stabilisation Programme in October 2018. The Transitional Programme seeks to propel the country towards stabilisation and economic development as well eradicate corruption.
Through this programme, the government has established institutions to deal with corruption, this has seen the establishment of Special Anti-Corruption Courts, which has resulted in an increase in high level arrests on corruption charges. Additionally a new Anti-Corruption Prosecution Unit was established within the Office of the President and Cabinet to improve efficiency in the fight against all forms of graft and to strengthen the effectiveness of national mechanisms for the prevention of corruption.
This anti-corruption training workshop therefore becomes relevant in the government’s fight against corruption. The main objective of the workshop is to enhance the capability of prosecutors to handle corruption cases effectively.
Presentations focused on understanding corrupt practices; defining white collar crime and financial crimes in Zimbabwe; domestic, regional and international framework on corruption; seizure, freezing and confiscation of the proceeds of corruption; and the practical steps to combatting corruption. It is hoped that at the end of the two day meeting, prosecutors will effectively implement legal frameworks and policies in the prosecution of corruption cases.
Prosecutor General Hon K. Hodzi in his opening speech remarked that the NPA is proud of their partnership with the ICJ in their fight against corruption. He was grateful for the continued support from the ICJ. The Prosecutor General noted that corruption is a lived experienced by everyone in this country because it has direct impact on the socio-economic welfare of the people of Zimbabwe. He noted that this was an important workshop which would serve as a toolkit that would help renew the NPA’s approach to in the prosecution of corruption in this country.
The Prosecutor General hoped that the workshop would enable the prosecutors to share knowledge and experience as well meaningful discourse bordering around challenges in the prosecution of corruption cases. This approach would enable the NPA to contribute to effectively eliminating corruption in the improvement of justice in Zimbabwe. He urged prosecutors to show that corruption does not pay and can be defeated.
Present at the training workshop was the Prosecutor General of NPA, senior prosecutors and senior management, representatives from the Judicial Service Commission, Solomon Mhlanga from Office of the President and Cabinet, Mr. Shana from the Judicial College of Zimbabwe, Mr. Zowa from the Law Development Commission representatives from Transparency International Zimbabwe, and representatives from the Reserve Bank of Zimbabwe. There were a total of 45 (forty-five) delegates; 29 (twenty-nine) male and 16 (sixteen) female delegates.
Contact:
Brian Penduka, e: brian.penduka(a)icj.org, t: +263772274307
Vimbai Mutandwa, e: vimbai.mutandwa(a)icj.org, t: +263773517733
