Oct 3, 2012 | News
The Verkhovna Rada, the Ukrainian parliament, voted on 2 October 2012 in favor of a bill that would ban “homosexual propaganda”. The ICJ and ILGA-Europe have condemned the draft law and called on Ukrainian authorities not to adopt it. Two hundred and eighty-nine out of 450 members of parliament supported the bill, which is now expected to move for a second round of reading in parliament later this month.
The organisations are deeply concerned about the impact of Draft Law no. 8711 on the rights of lesbian, gay, bisexual and transgender (LGBT) people in Ukraine as well as the rights of everyone to the freedoms of expression, peaceful assembly and association. ICJ and ILGA-Europe urge the Ukrainian parliament to withdraw the bill from its agenda and call on the Chair of the Parliament and the President, who would both need to sign the bill in order for it to become law, to speak out against it.
The bill would modify several existing laws in Ukraine, including criminal law, and introduce sanctions for the import, production and distribution of products that would “promote” homosexuality. “Promotion of homosexuality” is itself undefined. “If voted into law, it would lead to the further marginalisation of the lesbian, gay, bisexual and trans community in the country and would limit the work of human rights defenders,” Evelyne Paradis, Executive Director of ILGA-Europe said.
ILGA-Europe and the ICJ believe that Draft Law no. 8711 is incompatible with international human rights law. First it is so vague that it fails to conform to the requirement that restrictions must be provided for by law. Under the draft law, it is impossible for an individual to determine what kind of expression is banned. Second, the asserted reasons for the “homosexual propaganda” ban fail the tests of proportionality and necessity. In other words, the restriction serves no permissible purpose. Third and finally, the homosexual propaganda ban discriminates against LGBT people by prohibiting public discourse on issues that matter to LGBT lives. “Restrictions on rights may not be discriminatory, and discrimination on the basis of sexual orientation is clearly prohibited under international law,” said Alli Jernow, Senior Legal Adviser of the International Commission of Jurists.
The EU should raise these developments in the context of the monitoring of the implementation of the Visa Liberalisation Action Plan. Parliamentary discussion of this law clearly demonstrates that progress is stalled. If the bill passes a second reading, further negotiations with Ukraine should be delayed or ultimately suspended. We also call on the Council of Europe to unequivocally denounce Draft Law no. 8711 in representations to the Ukrainian government.
The law is expected to be discussed at a second hearing in the coming weeks. After that the Chair of the Parliament and the President would need to sign the bill before it would become official law.
ICJ and ILGA-Europe earlier this year issued a joint briefing paper on “homosexual propaganda bans” that have been enacted or proposed in Europe and other Eastern European countries.
Photo credit: Insight NGO
Oct 2, 2012 | News
The Jury of the Martin Ennals Award for Human Rights Defenders (MEA) selected the Venerable Luon Sovath as the 2012 Martin Ennals Award winner. The Prize winner was announced at a ceremony in Geneva.
The Venerable Luon Sovath, a Buddhist monk from Siem Reap, Cambodia witnessed his family and fellow villagers being forcibly evicted from their homes in 2009. Since then he has been a strong advocate against forced evictions, which remove families from their homes, often violently and little or no compensation.
Despite threats to his person, of arrest and disrobing, the Venerable Sovath, a non-violent Buddhist monk, uses videos, poems and songs to defend the right to housing. His advocacy touches powerful economic interests. The threats against the Venerable Sovath are very real.
Venerable Sovath was selected from among three final Nominees (see video presentation at the end of this article). Also nominated was Nasrin Sotoudeh, an Iranian Lawyer serving a 6 year prison sentence in Iran for her Human Rights work. She is known particularly for her work on behalf of women and children’s rights, especially juveniles facing execution. The third nominee is the Bahrain Center for Human Rights, who report widely on human rights abuses in Bahrain. Many of their key staff are currently imprisoned for their work.
The New Chair of the Martin Ennals Foundation, Micheline Calmy-Rey, the former Swiss President and Foreign Minister said: “This year’s novel format with three nominees made the Jury’s decision particularly difficult. As a Buddhist monk, Venerable Sovath has managed to raise wider attention to the issue of forced evictions in Cambodia”
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.
The Jury is composed of the following NGOs: Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line, International Commission of Jurists, German Diakonie, International Service for Human Rights and HURIDOCS.
Previous laureates : Kasha Jacqueline Nabagesera (2011) Muhannad Al-Hassani, Syria, Emad Baghi, Iran; Mutabar Tadjibaeva, Uzbekistan; Pierre Claver Mbonimpa, Burundi and Rajan Hoole-Kopalasingham Sritharan, Sri Lanka; Akbar Ganji, Iran and Arnold Tsunga, Zimbabwe; Aktham Naisse, Syria; Lida Yusupova, Russia; Alirio Uribe Muñoz, Colombia; Jacqueline Moudeina, Chad; Peace Brigades International; Immaculée Birhaheka, DR Congo; Natasha Kandic, Yugoslavia; Eyad El Sarraj, Palestine; Samuel Ruiz, Mexico; Clement Nwankwo, Nigeria; Asma Jahangir, Pakistan; Harry Wu, China.
Patrons of the Martin Ennals Award: Asma Jahangir, Barbara Hendricks, José Ramos-Horta, Adama Dieng, Leandro Despouy, Louise Arbour, Robert Fulghum, Irene Khan, Theo van Boven and Werner Lottje†.
Contact: Michael Khambatta, t: +41 79 474 8208; e-mail: khambatta(at)martinennalsaward.org or visit www.martinennalsaward.org
Video presentation of the three nominees: Luon Sovath (Cambodia), Nasrin Sotoudeh (Iran), Bahrain Center for Human Rights (Bahrain)
Oct 2, 2012 | E-bulletin on counter-terrorism & human rights, News
Read the 66th issue of ICJ’s monthly newsletter on proposed and actual changes in counter-terrorism laws, policies and practices and their impact on human rights at the national, regional and international levels. The E-Bulletin on Counter-Terrorism and Human...
Sep 29, 2012 | News
During three days, from September 26 to 28, 2012 in Rabat, the ICJ ESCR Programme and the MENA Regional Programme organized two events in collaboration with the OMDH (Organisation Marocaine des Droits Humains).
ICJ Commissioner Mr. Roberto Garreton supported the three-day programme. The first two days were dedicated to a workshop gathering 30 representatives of human rights NGOs, service providers, consumer protection groups, lawyers and academic experts.
The participants were trained and had discussions on the opportunities, the challenges and the remedies that the Moroccan legal and institutional framework offers to individuals and groups seeking justice for violations.
Discussions also concerned the legal reforms undertaken in the country and how they will impact the ability for victims of human rights violations to access justice.
The participants particularly welcomed the workshop setting and focus that brought together a variety of groups working in relevant areas.
On the third day, 28 September 2012, a symposium attended by civil society actors, lawyers and academia as well as by members of the judiciary and of the Conseil National des Droits de l’Homme was the opportunity to discuss the role of judges in the realization of economic, social and cultural rights.
The two events are part of a project that will involve further research and consultation on access to justice for ESCR in close collaboration with national civil society.
Background of the Workshop
With national projects such as the one in El Salvador, the ICJ programme on Economic, Social and Cultural Rights aims at contributing to improve accountability for human rights violations and access to justice for all, including for victims of threats against and violations of economic, social and cultural rights.
The ICJ has embarked on research processes at national level to identify obstacles and opportunities for access to justice, as well as on consultation and collaboration processes with national allies to define strategies to address gaps.
Depending on the needs identified, the ICJ will support the implementation of recommendations and steps that includes trainings and legal interventions.
Sep 20, 2012 | Agendas, Events
La Commissione Internazionale di Giuristi ed il Consiglio Italiano per i Rifugiati organizzano un seminario per giudici, giudici di pace ed avvocati sui principi di diritto internazionale applicabili all’espulsione o allontanamento dei migranti e richiedenti asilo.
Il seminario sarà suddiviso in due giornate:
La prima giornata (giovedì 20 settembre – 14:30 – 18:30) analizzerà la normativa e la giurisprudenza internazionale sul principio di non-refoulement o di non respingimento, la sua applicazione nella giurisprudenza italiana, assieme ad una prospettiva di diritto comparato con il sistema spagnolo.
La seconda giornata (venerdì 21 settembre – 14:30 – 18:30) analizzerà in maniera più dettagliata la normativa e la giurisprudenza internazionale in materia di rispetto delle misure provvisorie degli organismi internazionali. Tratterà inoltre del loro rispetto in Italia e della sospensione dell’espulsione in casi di non-refoulement attraverso esperti nazionali.
Il semnario è a gratuito ed a numero chiuso (25 persone). Trovate il procedimento d’iscrizione e l’agenda del seminario nei documenti qui sotto.
AnnuncioSeminarioICJCIR-events-20-21settembre-2012-ita (text in PDF)
Agenda seminario-events-agenda-20-21 settembre 2012-ita (text in PDF)
Sep 19, 2012 | News
The ICJ has noted with grave concern reports that the National Director of Public Prosecutions in DRC has given an instruction urging senior members of the National Bar Association to dismiss Bâtonnier Mbuyi Mbiye Tanayi.
The President of the National Bar, Bâtonnier Mbuyi Mbiye is known to persistently denounced attacks on the independence of the judiciary by the Executive and has often exhorted the lawyers in the ongoing Chebeya case to discharge their duties without any fear or favour.
It is significant to note on or around 12 July 2012, intelligence service officers carried out searches at Bâtonnier Mbiye’s home and chambers without search warrants, and proceeded to confiscate his computers on allegations that he is linked with the M23 rebel movement.
As we release this document, senior members of the National Bar Association are reportedly going to meet in a few hours and discuss the possible removal of Bâtonnier Mbuyi Mbiye from the leadership of the National Bar Association, as instructed by the Procureur Général de la République (PGR, the National Director of Public Prosecutions).
The ICJ considers that PGR’s interference with the running of the affairs of the Bar Association and the persecution of Bâtonnier Mbuyi Mbiye constitute a blatant violation of the independence of individual lawyers as well as of the legal profession as a whole, as provided for by the UN Basic Principles on the Role of Lawyers and the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa.
The instruction given to senior bar members also seriously undermines the independence of the judiciary, which is guaranteed by the Constitution of DR Congo, as well as at international level by Article 14 of the International Covenant on Civil and Political Rights and Article 26 of the African Charter on Human and Peoples’ Rights, to which DR Congo is a State party.
The ICJ observes that the independence of lawyers is essential for the protection and promotion of the rule of law and human rights in a constitutional democracy. This independence requires that lawyers be subject to self-regulation, which is free from improper and undue interference, and observes principles of professional ethics.
Self-regulation ensures the protection of every one’s right to independent lawyers who adhere to legal principles, which uphold the rule of law and respect for human rights. For members of the public to access justice, they need the assurance that when requiring legal representation in any matter, including those against the state, they will be represented will be represented by lawyers who serve the interests of justice without fear or favour.
“Interference of the state’s prosecutorial authority in the affairs of the legal profession can only weaken the rule of law and human rights, and erode public confidence in the justice system. In any constitutional democracy, senior bar members cannot be instructed even to hold a meeting, let alone to dismiss their leader.”, commented Arnold Tsunga, Director of the ICJ Africa Regional Programme.
The ICJ strongly urges the Procureur Général de la République to desist from interfering with the affairs of the Bar Association and put an end to persecutions against Bâtonnier Mbuyi Mbiye.
The ICJ also exhorts senior Bar members to reject PGR’s instructions and resist any unwarranted manipulation of the Bar Association.
Further, the ICJ calls upon competent Congolese authorities to ensure at all times that the Bar Association, its leaders and members of the legal fraternity are able to discharge their duties without fear or threat of reprisals.
Contact:
Johannesburg: Linda Mtshali, Associate Legal Advisor, ICJ, Africa Regional Programme, t +27 11 024 8268; e-mail: linda.mtshali(at)icj.org
Geneva: Ilaria Vena, Associate Legal Advisor, ICJ, Centre for the Independence of Judges and Lawyers, t +41 22 979 38 27; e-mail: ilaria.vena(at)icj.org
DRC-Persécution contre le bâtonnier-press release-2012-french (full text in PDF)
Photo credit: Radio Okapi/John Bompengo
