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
Sep 19, 2012 | News, Publications, Reports, Trial observation reports
A new report by the ICJ says there have been multiple violations of human rights in the arrest and trial of Azimzhan Askarov, a prominent Kyrgyz human rights defender.
Sep 18, 2012 | Events
In the margins of the UN Human Rights Council’s 21st regular session, the Centre Europe-Tiers Monde (CETIM) and the ICJ today held a parallel event on impunity and exploitation of natural resources in Guatemala.
The event discussed the overall question of justice for indigenous communities in Guatemala. It was followed by the showin of excerpts from Grégory Lassalle’s documentary Des déreives de l’art aux dérivés du pétrole.
Panellists included Ramón Cadena, Director of the ICJ Central America Programme; Hilda Ventura and Mario Mucú, representatives of the Maya communities of San Andrés and Petén; and Melik Özden, UN Representative and Co-Director of CETIM.
HRC21-ParallelEvent-Guatemala-2012 (download flyer, in PDF)
Sep 18, 2012 | News
Probe, don’t promote, alleged human rights abuser Kuber Singh Rana, Human Rights Watch and the ICJ said today.
