Cameroon: Opposition leader Kamto must be released

Cameroon: Opposition leader Kamto must be released

The ICJ expressed its grave concern today at the arrest, detention and criminal charges brought against Maurice Kamto, leader of the opposition party Cameroon Renaissance Movement (CRM), and other CRM activists.

The ICJ called for the immediate release of Maurice Kamto, who is also former Commissioner of the ICJ.

The arrest of Maurice Kamto, on 28 January, came following the violent breakup by the security forces of opposition demonstrations on 26 January.

Maurice Kamto is said to face charges of sedition, insurrection and inciting violence.

There are reports that he and other arrested persons have begun a hunger strike.

The ICJ is concerned that Maurice Kamto and other opposition leaders may be prosecuted for the exercise of rights protected under international law, including the rights to freedom of expression, association, assembly and political participation

The ICJ called on the Cameroon authorities to fully safeguard the human rights of Maurice Kamto and the other detainees, including the rights to liberty, fair trial, and freedom from ill-treatment, guaranteed under Cameroonian and international law.

Contact:

Arnold Tsunga, ICJ Africa Director; t: +27716405926, or +254 746 608 859 ; e: arnold.tsunga(a)icj.org

Solomon Ebobrah, Senior Legal Adviser, ICJ Africa Regional Programme, t: +234 8034927549 ; e: solomon.ebobrah(a)icj.org

CORE and ICJ to intervene in UK Supreme Court case

CORE and ICJ to intervene in UK Supreme Court case

CORE and the ICJ have been granted permission to intervene in an appeal before the United Kingdom Supreme Court (Vedanta Resources PLC and another v. Lungowe and others).

The two organizations will provide evidence on comparative law and international standards regarding the responsibilities of companies in relation to human rights and environmental protection, in particular the recognition of a duty of care of parent companies in relation to the communities living in the surrounding of companies operations.

In August 2015, 1800 Zambian villagers launched a legal action in the UK against mining company Vedanta Resources Plc and its Zambian subsidiary, Konkola Copper Mines, claiming that their water sources and farming land were poisoned from the copper mining operations of both companies.

Last year, the Court of Appeal upheld a High Court ruling that the Zambian claimants had a legal right to bring a claim through the courts in the UK and that a parent company may owe a duty of care to third parties affected by its subsidiary. Vedanta is appealing this ruling in the Supreme Court.

CORE and the ICJ have been lead participants in the elaboration processes of all major international instruments in the field of businesses’ human rights responsibilities in the last decade and are also specially situated to provide information on the state of the law in various jurisdictions.

Our submission is that the Court of Appeal’s conclusion that Vedanta arguably owed a duty of care to the claimants is supported by: international standards regarding the responsibilities of companies in relation to human rights and environmental protection; material published by the UK government with the aim of implementing those international standards; and comparative law jurisprudence.

The hearing will take place on 15-16 January 2019.

Gambia: Declaration allowing access to African Court a major advance for access to justice

Gambia: Declaration allowing access to African Court a major advance for access to justice

The International Commission of Jurists (ICJ) welcomes the formal declaration of the Gambia to allow individuals and certain non-governmental organizations with observer status access to complain of human rights violations against the Gambian State at the African Court on Human and Peoples Rights.  

Gambia became the ninth African State to make the declaration to allow individual access the African Court on Human and Peoples Rights. The ICJ called on other States to follow suit rapidly.

“The Gambian government should be applauded, but more African States need to step up to reinforce their international human rights obligations by allowing victims of violations direct access to the Court and to empower the African Human Rights Court to do the work for which it was set up.” said Arnold Tsunga, Director of the ICJ African Regional Progamme. “It is only through extensive depositing of article 34(6) by the majority of African states that the court can be truly an African Court”.

In addition to granting access to individuals, the Declaration made under article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights triggers the courts jurisdictional competency under article 5(3) to allow for a limited number of NGOS access.

“The promise of human rights protection under the African human rights system can only be realized when political leaders match rhetoric with such action as allowing individuals to seek an effective remedy by direct access to regional human rights mechanisms like the African Court,” added Arnold Tsunga.

The ICJ emphasized that despite the significant human and material resources invested in the Court since its establishment in 2006, the African Court has been unavailable to great majority of Africans, since very few States had so far entered the declaration recognizing its competency.

Other States that have previously made declarations include Benin, Burkina Faso, Côte d´Ivoire, Ghana, Malawi, Mali, Tanzania and Tunisia.

Although, complaints of human rights violation can only be brought directly before the Court against the nine States that have made the declaration, victims of human rights violation of almost all African States can already bring claims against other states through the non-judicial communication procedure available at the African Commission on Human and Peoples´ Rights.

The ICJ stressed while access to the Commission’s procedures is important, it was not an adequate substitute for the kind of binding legal remedy that can be only ordered by a Court. The ICJ noted poor rate of compliance with decisions of the African Commission.

Contacts:

Arnold Tsunga, Director of the Africa Regional Programme, International Commission of Jurists C: +263 77 728 3248, E: arnold.tsunga(a)icj.org

Solomon Ebobrah, Senior Legal Advisor, Africa Regional Programme, International Commission of Jurists.C: +234 803492 7549, E: solomon.ebobrah(a)icj.org 

Zimbabwe: the ICJ supports the Judicial Services Commission to train magistrates in the Anti-corruption Court

Zimbabwe: the ICJ supports the Judicial Services Commission to train magistrates in the Anti-corruption Court

The Judicial Service Commission (JSC) of Zimbabwe with the support of the ICJ convened a two-day workshop from 16 to 17 November 2018 in Harare to train magistrates designated to the anti-corruption court. 56 Magistrates (39 males 17 females) attended the Workshop.

Speaking during the workshop the Honourable Chief Justice, Luke Malaba encouraged the magistrates to work diligently to “flash out” corrupt elements from society.

He lamented that the current court practice seems to merely launder accused persons through constant remands which eventually lead to failed cases resulting in impunity for corruption in the country.

He pointed out that corruption is a threat to the rule of law urging the judiciary to be conscientious in dealing with corruption cases.

The workshop is part of a broader justice sector intervention by the JSC with the support of the ICJ, through generous funding provided by the European Union (EU) targeting combating corruption in the legal system.

The two-day training meeting looked at equipping 56 magistrates with the skills and knowledge to adjudicate cases of white-collar crime.

The training covered international best practices in the setting up of such courts, substantive law on corruption and practical court administration issues.

Besides the quality of the investigations, the effectiveness of the anti-corruption courts will also depend on the integrity and competency of the officers appointed to preside over them.

This workshop is one of a number of initiatives that the JSC are effecting with the support of the ICJ and the EU to contribute to a reduction in the levels of corruption and strengthen the ability of the justice system to resolve corruption and resource diversion cases in Zimbabwe.

Contact

Brian Penduka on brian.penduka(a)icj.org or +263772274307

 

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